The Constitutional Court: Composition, Features, and Functions
Composition of the Constitutional Court
1. Number of Members
The Constitutional Court is composed of twelve members (art. 159.1 EC). This number is appropriate to simplify the decision-making process, which is discussed in the choice of a pair allowing the tie settled by the casting vote of the President. The President shall be appointed by the King among members of the Constitution, a proposal of the latter in full and for three years (art. 160).
2. Appointment
Four members are nominated by the Congress by a majority of three-fifths, four by the Senate, two by the Government, and two by the CGPJ (art. 159.1 EC). The appointment is done by the King. From this, we draw some conclusions:
– It accentuates the appointment in Parliament, which seems logical that the people through their representatives in Parliament is the one with more participation. – It would have been desirable for the Government not to leave the one hand, produces bias. – It should expand appointed by the CGPJ to emphasize the legal nature that the Constitution gave to the Constitution.
3. Requirements
According to art. 159.2 Constitutional EC members shall be appointed among magistrates and prosecutors, university professors, civil servants, and lawyers, all lawyers of recognized standing with at least fifteen years of professional practice. They must also be Spanish (art. 18 OLCC).
4. Duration
Members are appointed for a period of nine years and is renewed by thirds every three (art. 159.3 CE). According to the Ninth transitional provision of the Constitution states: three years after the first election of members of the Constitutional Court shall be appointed by lot for a group of four members of the same electoral origin who resign and be replaced. Means the same group as designated by the Government and the CGPJ, after three years there shall be between the two groups not affected by the draw anterior.
The procedure for the renewal of its members, OLCC art. 17 states that within four months prior to the date of expiry of appointments, the President of the Constitutional asked the chairpersons proposals for new Magistrates. The removal of judges is laid down in the art. 23.1 OLCC, resignation accepted by the President of the Constitutional and expiration of appointment, by incurring a cause of disability (by simple majority), by incompatibility arises (simple majority), for failing to respond rapidly to the duties of his office, for violating its own reserve function, be held civilly liable for fraud or convicted of a felony or gross negligence or in case of death (the President appoints a replacement.) Non-notified and ¾ full.
5. Legal Status
A. Duties
– Provide, upon taking office, take an oath before the King or promise faithfully keep and do all the time, the Spanish Constitution, loyalty to the Crown and to fulfill its Constitutional duties as a judge (art. 21 OLCC) – To exercise their functions according to the principles of fairness and dignity inherent in it (art. 22 OLCC)
B. Privileges
– No person may be prosecuted for opinions expressed in the exercise of their functions. – Will be fixed and can not be dismissed or suspended only by one of the reasons established by LOTC. – The judges who hold the office for a minimum of three years shall be entitled to remuneration of transition for a year, equivalent to that perceived at the time of cessation. – The criminal responsibility of the judges of the Constitutional Court shall only be required before the Criminal Chamber of the Supreme Court.
C. Incompatibilities
– With all representative office, political or administrative charges, the performance of management functions in a political party or trade union and employment in the service of them, the exercise of judicial and prosecutorial career, and any professional or commercial. To this, we must add the incompatibilities of the members of the judiciary. Also named in the Constitution, the Electoral Act (art. 70.1 CE).
Features
: The most notable is the legal defense of the Constitution understood as supreme law and therefore a higher legal value to the other provisions that may contradict some time. It ensures the defense of the constitutionality of laws. This raises a plurality of functions. Is not specified in the Constitution but in the OLCC when he qualified in its article 11 the supreme interpreter of the Constitution and not the other legal. Not acting as a legislator, he can only request a ruling on adequacy or inadequacy of the provisions of the Constitution. However, in our legal system is an amalgam of constitutional powers to the Constitutional functions beyond the strict and initial review of the constitutionality of laws can be classified as: * 1.Función defense of the normative supremacy of the Constitution: Constitutional guarantees the precedence of the Constitution understood as the true rule of law and supreme legal norm that informs the rest of the legal system so that no lower rank provision could undermine its content. * 2.Función constitutional defense of fundamental rights : Constitutional capacity to hear an appeal for constitutional protection for certain rights usually affected once exhausted the possibility of recourse to ordinary courts to enforce their right allegedly infringed. * 3.Función defense of the correct delimitation of powers between authorities and political bodies: the Constitution gives the Constitutional knowledge of conflicts of jurisdiction between the State and the Autonomous Communities or among themselves. Also meet the challenges that the Government brought against provisions and resolutions adopted by organs of the Autonomous Communities. Learn about conflicts that may arise between national constitutional bodies, as well as conflicts in defense of local autonomy. * 4.Función merely interpretive: it merely expresses their opinion about a specific point on which he was asked. * 5.Función control the legality of its composition: Constitutional jurisdiction to verify compliance with the requirements regarding the appointment of judges by the Constitution and its Charter.