Constitutional Court | |
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Tribunal Constitucional | |
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![]() Headquarters of the Constitutional Court | |
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Established | 1978 |
Jurisdiction | Spain |
Location | Madrid |
Composition method | Appointed by the King after being nominated by the Parliament, the General Council of the Judiciary and the Government. |
Authorized by | Spanish Constitution |
Judge term length | 9 years, non renewable |
Number of positions | 12 |
Annual budget | € 28.42 million (2022)[1] |
Website | www.tribunalconstitucional.es |
President | |
Currently | Cándido Conde-Pumpido |
Since | 12 January 2023 |
Vice President | |
Currently | Inmaculada Montalbán Huertas |
Since | 12 January 2023 |
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The Constitutional Court (Spanish: Tribunal Constitucional)[n. 1] is the supreme interpreter of the Spanish Constitution, with the power to determine the constitutionality of acts and statutes made by any public body, central, regional, or local in Spain. It is defined in Part IX[2] (sections 159 through 165) of the Constitution of Spain, and further governed by Organic Laws 2/1979 (Law of the Constitutional Court of 3 October 1979),[3] 8/1984, 4/1985, 6/1988, 7/1999 and 1/2000.[4] The court is the "supreme interpreter"[4] of the Constitution, but since the court is not a part of the Spanish Judiciary,[4] the Supreme Court is the highest court for all judicial matters.[5]
Powers
[edit]The Constitutional Court is authorized to rule on the constitutionality of laws, acts, or regulations set forth by the national or the regional parliaments.[6] It also may rule on the constitutionality of international treaties before they are ratified, if requested to do so by the Government, the Congress of Deputies, or the Senate.[6] The Constitution further declares that individual citizens may appeal to the Constitutional Court for protection against governmental acts that violate their "fundamental rights or freedoms".[3][6] Only individuals directly affected can make this appeal, called a recurso de amparo, and they can do this only after exhausting judicial appeals.[6] A request that the court determine the constitutionality of a law can be brought by the Prime Minister, the Ombudsman, fifty members of congress, fifty senators, the executive or parliaments of an Autonomous Community.[7] The General Electoral Law of June 1985 additionally allows appeals to this court in cases where electoral boards exclude candidates from the ballot.[3]
In addition, this court has the power to preview the constitutionality of statutes of autonomy and to settle conflicts of jurisdiction between the central and the regional governments.[6] Because many of the constitutional provisions pertaining to autonomy questions are ambiguous and sometimes contradictory, this court could play a critical role in Spain's political and social development.[6] The decisions of the Constitutional Court cannot be appealed by anyone.[3][8]
Composition
[edit]This court consists of twelve justices (Spanish: magistrados) who serve for nine-year terms. Four of these are nominated by the Congress of Deputies, four by the Senate, two by the executive branch of the government, and two by the General Council of the Judiciary.[6][9] All are formally appointed by the King.[3] The Constitution sets a minimum standard of fifteen years of experience in fields related to jurisprudence, including "magistrates and prosecutors, university professors, public officials and lawyers,"[10] and must not contemporaneously hold a position that may detract from their independence, such as a post in a political party or a representative position.[11]
Amongst and by the justices of the Court, a President is elected for a three-year term, who is assisted by a Vice President, who is also justice, and a secretary-general, that is the responsible for overseeing the staff of the court.[3]
Composition
[edit]The Constitutional Court consists of a president, currently Cándido Conde-Pumpido, the vice president, currently Inmaculada Montalbán Huertas and ten justices (whom can be judges or jurists with relevant experience).
Emeritus Justices
[edit]Any previously appointed justice of the Constitutional Court becomes an emeritus justice (Spanish: magistrados eméritos) after their term of office.
Notable decisions
[edit]In 2005, the court ruled that the Spanish judicial system could handle cases concerning crimes against humanity, such as genocide, regardless of whether Spanish citizens were involved or directly affected.[12] In this instance, it reversed the decision made by the Supreme Court in the same case, which held that such cases could be brought before Spanish courts only if a Spanish victim was involved.[13]
In 2005, a challenge before the Court was presented denouncing the Same-sex Marriage Act of 2005 arguing that the Constitution says that «men and women have the right to marry with full legal equality» and this did not allow same-sex marriages. In 2012, after seven years of study, the Court rule that the Constitution allows same-sex marriages because the social concept of marriage had evolved so the Constitution must to be interpreted according to the current cultural values.[14][15]
A decision in 2010 declaring several articles of the Statute of Autonomy of Catalonia unconstitutional has been a source of much controversy and conflict since then, with some arguing that the judgement was illegitimate due to fact that one judge had died and had not been replaced and three other judges terms had expired three years prior to the judgement.[16]
In 2017, the court ordered those responsible for the Catalan referendum on November 9, 2014 to pay 5 million euros.[17] In addition, social agents from Spain have demanded that the distribution of public funds in the Catalan press should be audited.[18]
In 2022, the court blocked draft legislation which would have made changes to the General Council of the Judiciary.[19] The move to prevent the legislation was condemned by Prime Minister Pedro Sánchez, who said he would use "whatever means necessary" to resolve the crisis.[20]
See also
[edit]Notes
[edit]- ^ Spanish pronunciation: [tɾiβuˈnal konstituθjoˈnal]
References
[edit]- ^ "Constitutional Court Budget for 2022" (PDF).
- ^ wikisource:Spanish Constitution of 1978/Part IX.
- ^ a b c d e f Newton, Michael T.; Peter J. Donaghy (1997). Institutions of modern Spain : a political and economic guide. Cambridge University Press. ISBN 0-521-57348-3.
- ^ a b c Olga Cabrero. "A Guide to the Spanish Legal System". Law Library Resource Xchange, LLC. Archived from the original on April 21, 2016. Retrieved December 8, 2006.
- ^ Spanish Constitution 1978, article 123(1).
- ^ a b c d e f g Browning Seeley 1990, p. 221.
- ^ Spanish Constitution 1978, article 162(1a).
- ^ Spanish Constitution 1978, article 164(1).
- ^ Garoupa & Magalhães 2020, p. 260.
- ^ Spanish Constitution 1978, article 159(2).
- ^ Spanish Constitution 1978, article 159(4), 159(5).
- ^ "Guatemalan court to rule soon on Spanish request for arrest of ex-dictator". International Herald Tribune. December 6, 2006.
- ^ "Constitutional Court of Spain rules that its courts may hear genocide cases even if they do not involve Spanish citizens, and holds that principle of universal jurisdiction takes precedence over alleged national interests". International Law Update. 11 (10). October 2005.
- ^ "I·CONnect – The Spanish Constitutional Tribunal's Same-Sex Marriage Decision". www.iconnectblog.com. Retrieved October 26, 2018.
- ^ "Spain Constitutional Court rejects same-sex marriage challenge". www.jurist.org. Retrieved October 26, 2018.
- ^ "Claves de la renovación del Tribunal Constitucional" [The Keys to the Renewal of the Constitutional Court]. El Mundo (in Spanish). May 27, 2010.
- ^ "Spanish auditors demand Catalan leaders pay for previous independence vote". Reuters. September 5, 2017.
- ^ "181 millones para los medios en pleno proceso soberanista". El Mundo. September 8, 2014.
- ^ Jones, Sam (December 20, 2022). "Spanish PM vows to end 'unjustifiable' block on court changes". the Guardian. Guardian.
- ^ Cué, Carlos E. (December 20, 2022). "Pedro Sánchez pide "serenidad" y garantiza que resolverán el bloqueo del Constitucional y el Poder Judicial". El País (in Spanish).
External links
[edit]Bibliography
[edit]- Browning Seeley, Jo Ann (1990). "Government and Politics". In Solsten, Eric; Meditz, Sandra W. (eds.). Spain: a country study (2 ed.). Washington, D.C.: Federal Research Division, Library of Congress. OCLC 44200005.
This article incorporates text from this source, which is in the public domain.
- Garoupa, Nuno; Magalhães, Pedro C. (2020). "Judicial Politics: The Constitutional Court". In Muro, Diego; Lago, Ignacio (eds.). The Oxford Handbook of Spanish Politics. Oxford University Press. pp. 268–275. ISBN 978-0-19-882693-4.
- "The Spanish Constitution" (PDF). Agencia Estatal Boletín Oficial del Estado. 1978. Retrieved August 3, 2024.