Spanish Constitutional Court: Structure and Powers
The Constitutional Court (Supreme Court)
The Constitutional Court is a constitutional body set up directly by the Constitution, as one of the essential parts of the established political system. Its function is to ensure the supremacy of the Constitution through the concentrated control of the constitutionality of laws, making it the supreme interpreter of the Constitution. It is a court that has jurisdiction throughout the Spanish territory. The Constitution excludes any other government body from issuing a declaration of unconstitutionality. It acts independently of the other constitutional bodies and is subject to the Constitution, which is the parameter of its trials. It is a constitutional body not integrated into the judiciary: it acts independently of other state bodies, to which it imposes its interpretation of the Constitution, and resolves conflicts between them.
Composition of the Constitutional Court
It is composed of 12 members.
Conditions of Eligibility
They shall be appointed from among magistrates and prosecutors, university professors, civil servants, and lawyers, all lawyers of recognized standing with at least 15 years of professional experience.
Designation
It applies to various constitutional bodies, although 8 of the 12 judges are appointed by the Cortes Generales:
- 4 are designated by the Congress of Deputies by a majority of 3/5 of its members.
- 4 by the Senate by a vote of 3/5 of its members from among candidates nominated by the legislatures of the Autonomous Communities.
- 2 by the Government.
- 2 by the Judicial Council.
The judges will be renewed by thirds every 3 years, in order not to cause sudden changes in their composition and to avert the renewal of the designated bodies.
Appointment
The candidates proposed by the relevant bodies are appointed by the King in a joint event for them, countersigned by the Prime Minister.
Structure
It is chaired by a President and a Vice President. The Plenum of the Constitutional Court is composed of all its judges and decides cases in which the Court has jurisdiction, except writs.
The Court is divided into two rooms (room 1st President, 2nd Vice-room), composed of 6 judges each. The Chambers decide the outcome of an appeal for constitutional protection.
Legal Status
The judges are independent and irremovable during their mandate and therefore cannot be removed from office until the end of it, except for rated cases: disability, criminal or civil liability, incompatibility, death, or by choice.
Agreements
It requires the presence of 2/3 vote of the judges and the agreement of the majority. In case of a tie, the Chairman’s vote is decisive. Constitutional Court decisions are taken by 4 major types of acts:
- Providencia: Arbitrary decision on the organization of work of the Tribunal.
- Auto: Reasoned decision on admissibility, initial withdrawal, resignation, and expiration of the remedies sought.
- Sentencia: Decision that ends a constitutional process.
- Declaración: Decision adopted following the requirement to determine the constitutionality of a treaty.
Competencies
- Control the constitutionality of their laws and regulations with the force of law.
- Control the constitutionality of provisions and resolutions.
- Protection of rights and fundamental freedoms.
- Effectiveness of the distribution of competences.
- Guarantee of constitutional supremacy in the organization of the division of powers.
Resources
I. Appeal of Unconstitutionality
Direct appeal to the Constitutional Court against laws and regulations with the force of law.
The trial is, as an abstract view of norms, a determination of the adequacy of norms, regardless of its application to a particular case.
Purpose
You may use any law or rule by force or value of the national law. The rules with a different range of law or the implementing acts which have no force of law cannot be subject to judicial review.
You can rely on
- Unconstitutional material (conforming with the Constitution)
- Unconstitutional formal (Formal requirements for adoption of a rule)
It would be pointless to appeal laws that were repealed that are not part of land development.
Legitimized Bodies
Are entitled to lodge an appeal of unconstitutionality:
- President
- Ombudsman
- 50 Members
- 50 Senators
- Executive body of rules that affect their scope of Autonomy
- Legislative Assemblies
The Appeal
Must be in writing. The deadline is 3 months after its official publication. After the deadline, the legal standard cannot be appealed and can only be prosecuted, as a preliminary issue.
Effects of the Appeal
It does not produce the suspension of the validity or application of the contested provision, the only exception is derived from the granting of a special power of scrutiny of the Prime Minister about the laws of the Autonomous Communities.
II. Question of Unconstitutionality
It is an incidental way promoted by the courts in order to promote a Constitutional Court decision.
The judge is bound by law and therefore cannot implement it. If you were to conclude that the law should apply is invalid as contrary to the Constitution, it opens the possibility of an issue of unconstitutionality before the Court, in order that it may decide, by an abstract view of norms under its exclusive competence to declare laws unconstitutional.
Purpose
a) A law or regulation having the force of law. The rules clearly rank directly controllable by the organs of the judiciary in its actions are subject only to the Constitution and the Law
b) Applies to the case.
c) Whose validity depends on the ruling.
Legitimized Bodies
Judges and courts have standing to submit the question of unconstitutionality.
It regulates the self-questioning called unconstitutional and leaves the room, the body that decides the amparo, may refer the matter to Parliament.
Neither the parties of the proceedings nor the prosecution may present the question of unconstitutionality.
Purposes of Bringing the Issue
No effect on the applicability of the provision in question, which remains fully in force until the court declared invalid.
III. The Previous Control of Constitutionality of Treaties (art. 95)
The EC provides for the existence of a third type of intervention the Constitutional Court aims to ensure the supremacy of the Constitution: the price control of constitutionality of international treaties, means that is configured differently, and juxtaposed to the subsequent control on the Treaties by processes as constitutional rules are incorporated into national law in force.
May require this statement to:
- Government
- Congress of Deputies
- Senate
The Declaration is binding, with the effect of res judicata erga omnes (applicable in any case and on all persons).
IV. The Constitutional Complaint
Its purpose is to establish a final and higher warranty on some of the freedoms and fundamental rights and ensure the restoration or preservation of these for possible violations caused by the actions of public authorities.
The constitutional complaint is not conceived as a new instance of the ordinary courts, but just as an extraordinary way to the Constitutional Court.
Alternative Character
This remedy is extraordinary and, as such, is subsidiary to the existing resources before the ordinary courts.
Actionable Measures
It is not possible to run an amparo against the force of law rule.
Standing
Any natural or legal person claiming a legitimate interest is entitled to lodge a constitutional appeal.
Sentence
- Declaration for revocation of the decision
- Recognition of law or public freedom
- Restoration of the appellant in the integrity of his right or freedom