Constitutional Court of Spain

Last updated

Constitutional Court
Tribunal Constitucional
Spanish Constitutional Court Magistrate Badge.svg
Tribunal Constitucional.jpg
Headquarters of the Constitutional Court
Constitutional Court of Spain
Established1978
Jurisdiction Spain
Location Madrid
Composition methodAppointed by the King after being nominated by the Parliament, the General Council of the Judiciary and the Government.
Authorized by Spanish Constitution
Judge term length9 years, non renewable
Number of positions12
Annual budget 28.42 million (2022) [1]
Website www.tribunalconstitucional.es
President
Currently Cándido Conde-Pumpido
Since12 January 2023
Vice President
CurrentlyInmaculada Montalbán Huertas
Since12 January 2023

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]

Contents

Powers

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] Public officials, specifically "the President of the Government, the Defender of the People, fifty Members of Congress, fifty Senators, the Executive body of an Autonomous Community and, where applicable, its Assembly", [7] may also request that the court determine the constitutionality of a law. 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 texts delineating statutes of autonomy and to settle conflicts of jurisdiction between the central and the autonomous community governments, or between the governments of two or more autonomous communities. [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

This court consists of twelve magistrates (justices) 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] 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," [9] 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. [10]

Amongst and by the magistrates of the court, a President is elected for a three-year term, who is assisted by a Vice President, who is also magistrate, and a secretary-general, that is the responsible for overseeing the staff of the court. [3]

Current magistrates

The Constitutional Court consists of a president, currently Cándido Conde-Pumpido, the vice president, currently Inmaculada Montalbán Huertas and ten magistrates (whom can be judges or jurists with relevant experience).

Magistrate /
birthdate and place
Nominated byStart date /
length of service
Previous position or office
(most recent prior to joining the Court)
Spanish Constitutional Court Magistrate Badge.svg Ricardo Enríquez Sancho
1944
Madrid, Community of Madrid
Senate March 19, 2014
10 years, 10 days
Magistrate of the Supreme Court
(2004–2014)
Candido Conde-Pumpido.jpg Cándido Conde-Pumpido
September 22, 1949
La Coruña, Galicia
Senate March 15, 2017
7 years, 14 days
Magistrate of the Supreme Court
(2012–2017)
Maria Luisa Balaguer.jpg María Luisa Balaguer Callejón
1953
Almería, Andalusia
Senate March 15, 2017
7 years, 14 days
Professor of Constittuional Law at the University of Malaga (1999–2017) and Member of the Consultative Council of Andalusia (2005–2017)
Spanish Constitutional Court Magistrate Badge.svg Juan Ramón Sáez Valcárcel
June 23, 1957
Madrid, Community of Madrid
Congress of Deputies November 18, 2021
2 years, 132 days
Magistrate of the Audiencia Nacional
(2007–2021)
Spanish Constitutional Court Magistrate Badge.svg Enrique Arnaldo Alcubilla
1957
Madrid, Community of Madrid
Congress of Deputies November 18, 2021
2 years, 132 days
Clerk of the Cortes Generales
(1986–2021)
(Concepcion Espejel) Cospedal y Rouco imponen la Gran Cruz de San Raimundo de Penafort (12900723205) (cropped).jpg Concepción Espejel Jorquera
September 15, 1959
Madrid, Community of Madrid
Congress of Deputies November 18, 2021
2 years, 132 days
Chair of the Criminal Chamber of the Audiencia Nacional
(2017–2021)
Magistrada Inmaculada Montalban.jpg Inmaculada Montalbán Huertas
November 26, 1959
Iznalloz, Andalusia
Congress of Deputies November 18, 2021
2 years, 132 days
Chair of the Administrative Chamber of the High Court of Justice of Andalusia, Ceuta and Melilla
(2014–2021)
Juan Carlos Campo 2020 (cropped).jpg Juan Carlos Campo Moreno
October 17, 1961
Osuna, Andalusia
Government January 9, 2023
1 year, 80 days
Magistrate of the Audiencia Nacional
(2021–2023)
Spanish Constitutional Court Magistrate Badge.svg Laura Díez Bueso
1969
Barcelona, Catalonia
Government January 9, 2023
1 year, 80 days
Vicepresident of the Council for Statutory Guarantees of Catalonia
(2022)
Spanish Constitutional Court Magistrate Badge.svg María Luisa Segoviano Astaburuaga
1950
Valladolid, Castile and León
General Council of the Judiciary January 9, 2023
1 year, 80 days
Chair of the Labour Chamber of the Supreme Court
(2020–2022)
Spanish Constitutional Court Magistrate Badge.svg César Tolosa Tribiño
1957
Santa María la Real de Nieva, Castile and León
General Council of the Judiciary January 9, 2023
1 year, 80 days
Chair of the Administrative Chamber of the Supreme Court
(2020–2022)

Chairperson of the Constitutional Court of Spain

Vice Chair

Emeritus Magistrates

An emeritus magistrate or emeritus judge is considered any member who in the past has been part of the Constitutional Court as a magistrate.

Notable decisions

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. [11] 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. [12]

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. [13] [14]

A controversial decision in 2010 declaring unconstitutional few articles of the Statute of Autonomy of Catalonia has been a source of much controversy and conflict since then, with some arguing that the judgement was illegitimate due to the removal of a judge and three more judges having their terms expired. [15]

In 2017, the court ordered those responsible for the referendum on November 9, 2014 to pay 5 million euros. [16] In addition, social agents from Spain have demanded that the distribution of public funds in the Catalan press should be audited. [17]

In 2022, the court blocked draft legislation which would have made changes to the General Council of the Judiciary. [18] 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. [19]

See also

Notes

  1. Spanish pronunciation: [tɾiβuˈnalkonstituθjoˈnal]

Related Research Articles

<span class="mw-page-title-main">Supreme Tribunal of Justice (Venezuela)</span> Venezuelan supreme court

The Supreme Justice Tribunal is the highest court of law in the Bolivarian Republic of Venezuela and is the head of the judicial branch. As the independence of the Venezuelan judiciary under the regime of Nicolás Maduro is questioned, there have recently been many disputes as to whether this court is legitimate.

<span class="mw-page-title-main">Supreme Court of Puerto Rico</span> Supreme Court of the U.S. territory of Puerto Rico

The Supreme Court of Puerto Rico is the highest court of Puerto Rico, having judicial authority to interpret and decide questions of Puerto Rican law. The Court is analogous to one of the state supreme courts of the states of the United States and is the highest state court and the court of last resort in Puerto Rico. Article V of the Constitution of Puerto Rico vests the judicial power in the Supreme Court, which by nature forms the judicial branch of the government of Puerto Rico. The Supreme Court holds its sessions in San Juan.

<span class="mw-page-title-main">General Council of the Judiciary</span>

The General Council of the Judiciary is the national council of the judiciary of Spain. It is the constitutional body that governs all the Judiciary of Spain, such as courts, and judges, as it is established by the Spanish Constitution of 1978, article 122 and developed by the Organic Law 6/1985 of the Judicial Power (LOPJ). The President of the CGJP is also the president of the Supreme Court.

<span class="mw-page-title-main">Supreme court</span> Highest court in a jurisdiction

In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A Supreme Court can also, in certain circumstances, act as a court of original jurisdiction, however, this is typically limited to constitutional law.

<span class="mw-page-title-main">Judiciary of Pakistan</span> National judicial system

The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the colonial era, influenced by local medieval judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.

<span class="mw-page-title-main">Supreme Court of Spain</span> Highest court in Spain

The Supreme Court is the highest court in the Kingdom of Spain. Originally established pursuant to Title V of the Constitution of 1812 to replace —in all matters that affected justice— the System of Councils, and currently regulated by Title VI of the Constitution of 1978, it has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding illegalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court.

<span class="mw-page-title-main">Judiciary of Colombia</span>

The judiciary of Colombia is a branch of the State of Colombia that interprets and applies the laws of Colombia, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The judiciary comprises a hierarchical system of courts presided over by judges, magistrates and other adjudicators.

<span class="mw-page-title-main">Judiciary of Spain</span>

The Judiciary of Spain consists of Courts and Tribunals, composed of judges and magistrates (Justices), who have the power to administer justice in the name of the King of Spain.

<span class="mw-page-title-main">Plurinational Constitutional Tribunal</span> Bolivian constitutional court

The Plurinational Constitutional Tribunal is a national court in Bolivia charged with adjudicating the constitutionality of laws, government power, and treaties in accordance with the country's 2009 Constitution, which created it. The tribunal is headquartered in Sucre and consists of seven members. It was first seated on 2 January 2012. Its powers are set out in Articles 196–204 of the 2009 Constitution, the Law of the Judicial Organ, and Law of the Plurinational Constitutional Tribunal . The Plurinational Constitutional Tribunal replaces the Constitutional Court of Bolivia, which operated from 1999 to 2011.

<span class="mw-page-title-main">Cándido Conde-Pumpido</span> Spanish judge

Cándido Conde-Pumpido Tourón is a Spanish judge who currently serves as president of the Constitutional Court since January 12, 2023.

<span class="mw-page-title-main">Constitutional Court of Peru</span>

The Peruvian Constitutional Court or Constitutional Tribunal is an independent constitutional agency of Peru that was established in the 1993 Constitution of Peru that was created during the government of Alberto Fujimori. The court's members are nominated by the Congress of Peru; these nominations sometimes lack transparency and are based on political favors that nominees can provide to legislators. Since May 2022, the Constitutional Court has been used to provide institutional strength to Fujimorists in Congress, according to IDL-Reporteros.

The Judiciary of Sri Lanka are the civil and criminal courts responsible for the administration of justice in Sri Lanka. The Constitution of Sri Lanka defines courts as independent institutions within the traditional framework of checks and balances. They apply Sri Lankan Law which is an amalgam of English common law, Roman-Dutch civil law and Customary Law; and are established under the Judicature Act No 02 of 1978 of the Parliament of Sri Lanka.

<span class="mw-page-title-main">High courts of justice (Spain)</span>

The superior courts of justice, or high courts of justice, are courts within the judicial system of Spain, whose territorial scope covers an autonomous community, as laid down in the Organic Law of Judicial Power.

<span class="mw-page-title-main">President of the Constitutional Court (Spain)</span>

The president of the Constitutional Court of Spain is the head of the Constitutional Court, the highest body with the power to determine the constitutionality of acts of the Spanish central and regional governments. It is defined in Part IX of the Constitution of Spain, and further governed by Organic Laws 2/1979. The court is the "supreme interpreter" of the Constitution, but since the court is not a part of the Spanish Judiciary, the Supreme Court is the highest court for all judicial matters.

The President of the Supreme Court and also President of the General Council of the Judiciary is the highest judicial authority of the Kingdom of Spain and holds the representation of the judicial branch and its governing body, the CGPJ. The office of President of the Supreme Court is foreseen in the Constitution as well as giving to the president the presidency of the General Council of the Judiciary. As a parliamentary monarchy, the President of the Supreme Court is appointed by the Monarch after being nominated by the Plenary of the General Council of the Judiciary, who serves until the end of its 5-years-term, its dismissal by the CGPJ or its resignation.

The judicial system on Andorra is an independent body within the government of the Principality of Andorra. It is composed of:

<span class="mw-page-title-main">Julián Sánchez Melgar</span> Spanish judge and prosecutor

Julián Artemio Sánchez Melgar, is a Spanish judge and prosecutor currently serving as magistrate of the Second Chamber of the Supreme Court. He was the 90th Attorney General of Spain from December 2017 to June 2018. Because of being attorney general he was also member of the Council of State. He is considered a Magistrate with a conservative profile.

<span class="mw-page-title-main">María Emilia Casas</span> Spanish jurist

María Emilia Casas Baamonde is a Spanish jurist. She was the country's first woman Professor of Labor and Social Security Law. In 1998, she joined the Constitutional Court of Spain, becoming the youngest member in the history of the institution. In 2004, she was the Constitutional Court's first woman president, and she continued in that role until 2011. During her presidency, progress was made in anti-discrimination and equality law.

<span class="mw-page-title-main">Pascual Sala</span> Spanish jurist

Pascual Sala Sánchez is a Spanish jurist. He was president of the Spanish Supreme Court and of the General Council of the Judiciary between 1990 and 1996, and was later president of the Constitutional Court, between 2011 and 2013.

<span class="mw-page-title-main">Spanish General Council of the Judiciary blockade</span>

The General Council of the Judiciary blockade from 2018 to present are a series of ongoing events that have occurred in Spain since December 2018 after the end of the mandate of the General Council of the Judiciary (CGPJ), the governing body of the Judiciary in Spain and the subsequent blockade of the renewal of the body by the political parties represented in the Spanish Parliament.

References

  1. "Constitutional Court Budget for 2022" (PDF).
  2. wikisource:Spanish Constitution of 1978/Part IX.
  3. 1 2 3 4 5 6 Newton, Michael T.; Peter J. Donaghy (1997). Institutions of modern Spain : a political and economic guide. Cambridge University Press. ISBN   0-521-57348-3.
  4. 1 2 3 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.{{cite journal}}: Cite journal requires |journal= (help)
  5. § 123, clause 1, Spanish Constitution of 1978.
  6. 1 2 3 4 5 6 7 Browning Seeley, Jo Ann (1990). "The Judiciary". In Solsten, Eric; Meditz, Sandra W. (eds.). Spain: a country study. Washington, D.C.: Federal Research Division, Library of Congress. p. 221. OCLC   44200005.PD-icon.svg This article incorporates text from this source, which is in the public domain .
  7. § 162, clause 1a, Spanish Constitution of 1978
  8. § 164, clause 1, Spanish Constitution of 1978
  9. § 159, clause 2, Spanish Constitution of 1978
  10. § 159, clauses 4 and 5, Spanish Constitution of 1978
  11. "Guatemalan court to rule soon on Spanish request for arrest of ex-dictator". International Herald Tribune. December 6, 2006.
  12. "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.
  13. "I·CONnect – The Spanish Constitutional Tribunal's Same-Sex Marriage Decision". www.iconnectblog.com. Retrieved October 26, 2018.
  14. "Spain Constitutional Court rejects same-sex marriage challenge". www.jurist.org. Retrieved October 26, 2018.
  15. "Claves de la renovación del Tribunal Constitucional" [The Keys to the Renewal of the Constitutional Court]. El Mundo (in Spanish). May 27, 2010.
  16. "Spanish auditors demand Catalan leaders pay for previous independence vote". Reuters. September 5, 2017.
  17. "181 millones para los medios en pleno proceso soberanista". El Mundo. September 8, 2014.
  18. Jones, Sam (December 20, 2022). "Spanish PM vows to end 'unjustifiable' block on court changes". the Guardian. Guardian.
  19. 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).

40°26′29″N3°43′03″W / 40.4415°N 3.7176°W / 40.4415; -3.7176