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 Court was established along the lines of the Kelsenian model of constitutional justice, also called the European Model because it has been adopted by most European countries. [6] Unlike the main alternative, the American model, the features of the Kelsenian model are that only a constitutional court is empowered to find that a statute is unconstitutional, secondly that of abstract review (that is without requiring legal cases but rather through application by public institutions), and thirdly, that appointments to the court are made largely by political bodies and have limited terms. [7]

The Constitutional Court is authorized to rule on the constitutionality of laws, acts, or regulations set forth by the national or the regional parliaments. [8] The Court has the power to settle conflicts of jurisdiction between the central and the regional governments. [8] Because many of the constitutional provisions pertaining to autonomy questions are ambiguous and sometimes contradictory, it had been suggested from the outset that the Court would play a critical role in Spain's political and social development. [8]

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. [8]

The abstract review 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. [9]

In addition, the Court has other powers not typical of the Kelsenian model including determining whether non-legislative acts by the central government, its branches, or the regional governments abide by the distribution of powers defined by the Constitution and other higher laws, hearing complaints from the public about their constitutional rights and preventive review (prior to promulgation) of statutes of autonomy of the regions. [10]

Individual citizens may appeal to the Constitutional Court for protection against governmental acts that violate their "fundamental rights or freedoms". [3] [8] Only individuals directly affected can make this appeal, called a recurso de amparo, and they can do this only after exhausting judicial appeals. [8]

The General Electoral Law of June 1985 additionally allows appeals to this court in cases where electoral boards exclude candidates from the ballot. [3] [11]

The decisions of the Constitutional Court cannot be appealed. [3] [12]

Composition

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. [8] [10] Having judges chosen by the three branches of government is unique but has not saved the Court from alleged politicisation or accusations of activism. [13]

Justices 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," [14] 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. [15]

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]

Current sitting Justices

The Constitutional Court consists of a president, currently Cándido Conde-Pumpido, the vice president, currently Inmaculada Montalbán Huertas and ten justices (who 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, 220 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, 224 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, 224 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, 342 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, 342 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, 342 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, 342 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, 290 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, 290 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, 290 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, 290 days		 Chair of the Administrative Chamber of the Supreme Court
(2020–2022)
Spanish Constitutional Court Magistrate Badge.svg José María Macías
1964
Barcelona, Catalonia 		Senate July 30, 2024
87 days		 Member of the General Council of the Judiciary
(2015–2024)

Emeritus Justices

Any previously appointed justice of the Constitutional Court becomes an emeritus justice (Spanish : magistrados eméritos) after their term of office.

Judicial Behaviour

Like many other features of Spanish democratic institutions developed during and after the transition, the design of the court reflects compromises between the reformists within the authoritarian regime and the leftist opposition seeking a rupture with that regime, particularly the Socialist Party (PSOE). [16] Those rules have allowed the political actors to extend their influence through time in determining the composition of the court. [17]

A number of empirical studies show that a non-irrelevant part of the variance judicial decisions is explained by partisan alignments and political context. [17]

Other studies show that many of the court's rulings have been unanimous demonstrating that a lot of the work of the Court is broadly detached from any major partisan-political stakes. [17]

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. [18] 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. [19]

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 ruled 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. [20] [21]

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. [22]

In 2017, the court ordered those responsible for the Catalan referendum on November 9, 2014 to pay 5 million euros. [23] In addition, social agents from Spain have demanded that the distribution of public funds in the Catalan press should be audited. [24]

In 2022 the Court upheld an amparo appeal by the People's Party claiming a violation of their rights to exercise representative office and of the right of citizens to participate in public affairs through those representatives, by legislation which would have made changes to the General Council of the Judiciary to break the Spanish General Council of the Judiciary blockade. [25] The Court ordered that the bill to amend the laws should be suspended. This was the first time that the Constitutional Court had ordered the Parliament in this way. [26] [27] Both the President of the Congress of Deputies Meritxell Batet and the President of the Senate Ander Gil, respected the decision of the Court, [28] although they considered the decision a dangerous precedent since it meant that "the interruption of the legislative power is within the reach of a single deputy filing an appeal" which would prevent the "legitimate representatives of popular sovereignty" from "exercising their functions and debating or voting". [29]

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.

The court system of Canada is made up of many courts differing in levels of legal superiority and separated by jurisdiction. In the courts, the judiciary interpret and apply the law of Canada. Some of the courts are federal in nature, while others are provincial or territorial.

<span class="mw-page-title-main">Law of Brazil</span>

The law of Brazil is based on statutes and, partly and more recently, a mechanism called súmulas vinculantes. It derives mainly from the European civil law systems, particularly the Portuguese, the Napoleonic French and the German.

Northern Pipeline Construction Company v. Marathon Pipe Line Company, 458 U.S. 50 (1982), is a United States Supreme Court case in which the Court held that Article III jurisdiction could not be conferred on non-Article III courts.

<span class="mw-page-title-main">Judicial review in the United States</span> Power of courts to review laws

In the United States, judicial review is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately the United States Constitution. While the U.S. Constitution does not explicitly define the power of judicial review, the authority for judicial review in the United States has been inferred from the structure, provisions, and history of the Constitution.

<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, and court of final 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.

<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">Judiciary of Ghana</span> Branch of government

The Judiciary of Ghana comprises the Superior Courts of Judicature, established under the 1992 Constitution, and the Inferior Courts, established by Parliament. The hierarchy of courts derives largely from British juridical forms. The courts have jurisdiction over all civil and criminal matters.

<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. The court has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding the legalization 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 Malta</span>

The judiciary of Malta interprets and applies the laws of Malta, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system of Malta is based partially on English law and partly on Continental law, whilst also being subject to European Union law.

<span class="mw-page-title-main">Judiciary of Spain</span> System of law courts in Spain

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">Judicial review</span> Ability of courts to review actions by executive and legislatures

Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are incompatible with a higher authority. For example, an executive decision may be invalidated for being unlawful, or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries.

Bolivia has recognised same-sex civil unions since 20 March 2023 in accordance with a ruling from the Plurinational Constitutional Tribunal. The court ruled on 22 June 2022 that the Civil Registry Service (SERECI) is obliged to recognise civil unions for same-sex couples and urged the Legislative Assembly to pass legislation recognising same-sex unions. The court ruling went into effect upon publication on 20 March 2023. The ruling made Bolivia the seventh country in South America to recognise same-sex unions.

<span class="mw-page-title-main">Judiciary of Brazil</span> Public entities designated by the Brazilian constitution

The Judiciary of Brazil is the group of public entities designated by the Brazilian constitution to carry out the country's judicial functions.

The judiciary of Poland are the authorities exercising the judicial power of the Polish state on the basis of Chapter 8 of the Constitution of Poland. As in almost all countries of continental Europe, the Polish judiciary operates within the framework of civil law.

<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.

<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.

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

The General Council of the Judiciary blockade was a constitutional crisis that has resulted in the General Council of the Judiciary (CGPJ), the governing body of the Judiciary in Spain not being able to fulfill its functions due to the inability of the Spanish Parliament to agree on the appointment of a new council since the term of the last council expired in 2018. The most serious of these functions in abeyance are the selection of the President of the Supreme Court and the appointment of judges to the Supreme Court and the Constitutional Court.

References

  1. ↑ "Constitutional Court Budget for 2022" (PDF).
  2. ↑ wikisource:Spanish Constitution of 1978/Part IX.
  3. 1 2 3 4 5 6 Newton & Donaghy 1997.
  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.
  5. ↑ Spanish Constitution 1978, article 123(1).
  6. ↑ Ferreres Comella 2004, p. 461.
  7. ↑ Garoupa & Magalhães 2020, p. 256,260.
  8. 1 2 3 4 5 6 7 Browning Seeley 1990, p. 221.
  9. ↑ Spanish Constitution 1978, article 162(1a).
  10. 1 2 Garoupa & Magalhães 2020, p. 260.
  11. ↑ "Organic Law of General Electoral Regime in Spain (1985, as amended 2016)". Legislation Online. OSCE Office for Democratic Institutions and Human Rights.
  12. ↑ Spanish Constitution 1978, article 164(1).
  13. ↑ Garoupa & Magalhães 2020, p. 259.
  14. ↑ Spanish Constitution 1978, article 159(2).
  15. ↑ Spanish Constitution 1978, article 159(4), 159(5).
  16. ↑ Garoupa & Magalhães 2020, p. 261.
  17. 1 2 3 Garoupa & Magalhães 2020, p. 273.
  18. ↑ "Guatemalan court to rule soon on Spanish request for arrest of ex-dictator". International Herald Tribune. December 6, 2006.
  19. ↑ "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.
  20. ↑ "I·CONnect – The Spanish Constitutional Tribunal's Same-Sex Marriage Decision". www.iconnectblog.com. Retrieved October 26, 2018.
  21. ↑ "Spain Constitutional Court rejects same-sex marriage challenge". www.jurist.org. Retrieved October 26, 2018.
  22. ↑ "Claves de la renovación del Tribunal Constitucional" [The Keys to the Renewal of the Constitutional Court]. El Mundo (in Spanish). May 27, 2010.
  23. ↑ "Spanish auditors demand Catalan leaders pay for previous independence vote". Reuters. September 5, 2017.
  24. ↑ "181 millones para los medios en pleno proceso soberanista". El Mundo. September 8, 2014.
  25. ↑ Jones, Sam (December 20, 2022). "Spanish PM vows to end 'unjustifiable' block on court changes". the Guardian. Guardian.
  26. ↑ "Un TC dividido paraliza la tramitación en el Senado de la reforma que busca renovar el tribunal". Europa Press. December 19, 2022. Retrieved December 20, 2022.
  27. ↑ "El Constitucional paraliza la reforma exprés del Gobierno para acelerar su renovación". theobjective.com (in Spanish). December 19, 2022. Retrieved December 20, 2022.
  28. ↑ SER, Cadena (December 19, 2022). "Meritxell Batet y Ander Gil acatarán la decisión del TC, pero anuncian que presentarán alegaciones". cadena SER (in European Spanish). Retrieved December 20, 2022.
  29. ↑ Digital, Redacción (December 19, 2022). "Batet acata la decisión del TC, pero se muestra crítica: "La interrupción está al alcance de un diputado"". COPE (in Spanish). Retrieved December 20, 2022.

Bibliography


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

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.