The Spanish Constitutional Court: Powers, Structure, and Procedures
The Spanish Constitutional Court
The Effects of Judgments
Art. 164.2 of the Spanish Constitution (EC) establishes that judgments have the force of res judicata from the day following their publication, and no appeal against them is possible. Art. 93.1 provides that parties may seek clarification from the Organic Law of the Constitutional Court (OLCC), but appeals must be filed within two days of notification. Judgments that conclude the constitutional process cannot be appealed (final sentence).
Types of Resolutions
Cars
Cars are reasoned resolutions that decide a specific point in the debate. The Law on Contentious-Administrative Jurisdiction (LECIV) states that cars must be based on resultandos (statements of fact) and considerandos (exposition of the applicable legal bases), each specific and limited to the question at hand, with the expression of the court, place, and date of delivery.
Orders
Article 86 of the EC defines orders as resolutions that are not reasoned. Art. 369 of the LECIV determines that decisions of tribunals and courts in judicial matters are referred to as processing orders, and Art. 370 states that they will be limited to the court’s determination, with no further basis than the agreed date and the judge or board issuing it. Against orders, only an application for reconsideration may be filed with the Constitutional Court (TC), which shall not have suspensive effect. This action may be brought within three working days after the parties have been heard, with equal time allocated within two days.
Powers of the Court
Art. 161 of the EC, after declaring that the court has jurisdiction throughout the Spanish territory, lists its powers, which are specified in the following three areas: regulatory oversight, rights and obligations, and resolution of jurisdictional conflicts.
The Court has jurisdiction to hear:
- Appeals of unconstitutionality against laws and regulations with the force of law.
- Habeas corpus for violation of rights and liberties.
- Conflicts of jurisdiction between the state and the Autonomous Communities or among them.
- Other matters assigned by the Constitution or organic laws.
The Constitution also grants the court the power to address:
- Challenges by the national government against provisions and resolutions adopted by the organs of the Autonomous Communities.
- Constitutional issues raised by judges and magistrates under Article 163.
- The constitutionality of international treaties to be entered into.
Art. 2 of the OLCC expands on the constitutional provisions, granting the court new powers:
- Appeals and issues of unconstitutionality against laws, regulations, or acts with the force of law.
- Amparo remedies for the violation of fundamental civil liberties related to Art. 53.2 of the EC.
- Constitutional conflicts of competence between the state and the Autonomous Communities or between these entities.
- Conflicts between the constitutional organs of the state.
- Prior review of constitutionality in cases provided for in the Constitution and this law.
- Disputes referred to in Art. 161.2 of the EC.
- Verification of the appointment of TC judges to assess whether they meet the required conditions.
- Other matters entrusted to it by the Constitution and organic laws.
Working of the Court
. A) FULL. consists of all members of the Tribunal, is chaired by the President, the failing Vicepresindente in case of failure of both the senior member and in case of a tie, the oldest.The plenum is convened by the President on his own initiative and when requested at least three judges. The call will be made three days ahead, unless the urgency of the case forbid, should accompany the notice the agenda and background specific to deliberation. For the adoption of agreements will require the presence of at least two thirds of the members. The OLCC art.10 concerning the functions of the House, that are all the court’s jurisdiction, with the exception of habeas corpus, it is also for the competence of the competition, know the House any matter jurisdiction of the court being seek for himself the president’s proposal or three judges. Compete likewise to plenary the election of its President and Vice President and the distribution of cases between rooms. A) establishment of the workforce. B) election and renewal of the secretary general. C) resolution of incompatibilities that affect the service of court officials. D) Approval of the proposed court for incorporation in the State Budget. B) ROOMS: The court consists of two rooms, each of which is comprised of a total of six judges appointed by the Court in plenary. The First Chamber is headed by the Chief Justice and in his absence by the senior judge in the event of a tie, the older ones. In its internal operations, the rooms follow the guidelines of the House. The rooms are proficient in all matters that are not attributed to the plenary. However, the art.48 of the OLCC attributed special powers in the constitutional complaint. Since both rooms have the same powers as the allocation of specific issues will be based on a Time-sharing established by the House. C) SECTIONS: For the regular release and the decision on admission or not the resources, the House and the Boards will be constituted into sections, composed of the respective President or his representative and two judges. The sections are formed in both the plenary and in two rooms. It is called “regular office” all the activities performed by judges and courts to the regeneration and continuation of processes in a process through the necessary decisions to drive or conduct. The OLCC provides a number of officials of the court service are: the secretary general, lawyers, secretaries of justice, officers, assistants and agents, all of them incompatible with the development of any other function. ACTS OF COURT: A) The Case: According to the LECIV: a sentence is that resolution of a court or tribunal as the lawsuit is decided definitely. The constitutional decision is primarily a procedural, ie, the decision of an association of judges who terminates a process. Still it is also an activity aimed at the interpretation and something more: it is a political decision, an act of power in dialectic with the other branches of government. In short, the constitutional decision is both political and legal reality cast in a single act. The judgments of the Constitutional Court opened with a header which seeks to identify the parties and interveners. Follow the history behind them the legal and finally closes with the bug where specifying the specific mandates imposed the sentence. In relation to