Constitutional Court of Spain
Constitutional Court | |
---|---|
Tribunal Constitucional | |
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 |
The Constitutional Court (
Powers
The Constitutional Court is authorized to rule on the
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
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).
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
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
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
- Austrian System
- Judiciary
- Rule of law
- Rule according to higher law
Notes
- ^ Spanish pronunciation: [tɾiβuˈnal konstituθjoˈnal]
References
- ^ "Constitutional Court Budget for 2022" (PDF).
- ^ wikisource:Spanish Constitution of 1978/Part IX.
- ^ 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.
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(help) - ^ § 123, clause 1, Spanish Constitution of 1978.
- ^ .
- ^ § 162, clause 1a, Spanish Constitution of 1978
- ^ § 164, clause 1, Spanish Constitution of 1978
- ^ § 159, clause 2, Spanish Constitution of 1978
- ^ § 159, clauses 4 and 5, Spanish Constitution of 1978
- ^ "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).