17 CHAPTER NINE. THE CONSTITUTIONAL COURT
SECTION ONE. THE BASIC RIGHTS AND RESPONSIBILITIES
Chapter One. The Spaniards and foreigners
Chapter Two. Rights and freedoms
Part 1. Fundamental rights and public freedoms
Part 2. On the rights and responsibilities of citizens
Chapter Three. The fundamental principles of social and economic policy
Chapter Four. On guarantees of fundamental freedoms and human
Chapter Five. On the suspension of the rights and freedoms
SECTION TWO. ABOUT CROWN
SECTION THREE. About the Cortes Generales
Chapter One. About the Chambers
Chapter Two. On the development of laws
Chapter Three. On International Treaties
SECTION FOUR. ABOUT THE STATE GOVERNMENT AND ADMINISTRATION
SECTION FIVE. ON RELATIONS BETWEEN THE GOVERNMENT AND Cortes Generales
SECTION EIGHT. ON TERRITORIAL UNIT OF THE STATE
Chapter One. General Provisions
Chapter Two. Local Government
Chapter Three. On Autonomous Communities
CHAPTER NINE. THE CONSTITUTIONAL COURT
SECTION TEN. On constitutional reform
On the Constitutional Court
1. Spain's Constitutional Court is composed of 12 members appointed by the King, of which 4 of the Congress on the proposal passed by a majority of three-fifths of the number of its members, 4 - by the Senate with the same majority, two tapes - on the proposal of the Government and the two - - at the suggestion of the General Council of the Judiciary.
2. The members of the Constitutional Court shall be appointed from among the judges and prosecutors, university professors, civil servants and lawyers. They should all be recognized by competent lawyers who have worked legally for at least fifteen years.
3. The members of the Constitutional Court are appointed for nine years, every three years, it is renewed for a third.
4. Membership of the Constitutional Court is incompatible: any representative mandate, political or administrative offices, the implementation of leadership roles in political parties or trade unions or in the service of finding in them, with the occupation of judicial or prosecutorial activities and to any professional or commercial activity. In addition, the members of the Constitutional Court is subject to all rules against moonlighting provided for members of the judiciary.
5. The members of the Constitutional Court shall be independent and irremovable during response time of his mandate.
President of the Constitutional Court shall be appointed King of the number of members on the proposal of the plenum of the same court, and for a period of three years.
1. The Constitutional Court has jurisdiction over the whole of the Spanish territory, and has the authority to
a) review of applications on the unconstitutionality of laws and regulations having the force of law. Declared unconstitutional legal provisions having the force of law, deprives it of itself, even if the decision or the decision not to devalue its importance for the court.
b) the decision to protect the rights and freedoms enumerated in the Constitution state 53.2 in forms and in cases stipulated by law.
c) the resolution of disputes about the division of powers between the State and the Autonomous Communities or between the autonomous communities.
g) consideration of other items provided by the Constitution or constitutional laws.
2. The government can appeal to the Constitutional Court's judgments and decisions adopted by the organs of the autonomous community. In this case, suspends appealed decisions and resolutions, however, the Constitutional Court must either confirm the suspension or reject the application within a period not exceeding five months.
1. The law gives the right to:
a) raising the question of unconstitutionality - Chairman of the Government, the defender of the people, 50 deputies, 50 senators, collegial executive body of the Autonomous Communities, as well as their meetings.
b) the complaint of a violation of the constitutional rights and freedoms - any natural or legal person, referring to the legitimate interests of the people and takzhe defense and the prosecution.
2. In all other cases, constitutional law defines the persons and bodies. endowed with such a law.
If the judicial authority will consider at the hearing of any case that a regulation with the force of law applicable to the case, may be contrary to the Constitution, he can put etot question before the Constitutional Court in the circumstances, the form and manner prescribed by the law, but in any case not to suspend the law.
1. Decisions of the Constitutional Court are published in the Official Gazette of the State. indicating the dissenting opinion of their members in case of need. They shall enter into force on the day following their publication, and are not subject to appeal. Decision on the unconstitutionality of the law or regulations having the force of law, as well as all the solutions that are not limited to the subjective evaluation of certain rights, shall apply without fail.
2. If the decision of the court otherwise stated, the law remains in effect to the extent not recognized as unconstitutional.
The organic law regulates deyatelnost Constitutional Court, the status of its members, the order of the trial and execution conditions of its decisions.