Constitutional Court of Spain: Structure and Functions

Law & Jurisprudence2.52 KB

LO 2 / 1979 of 3 October
Body of warranty. Da resolutions in the form of sentence, the value of res judicata from the day following its publication no appeal against it. With its ruling definitively closes the case
JURISDICTION: On the whole national territory
COMPOSITION: 12 appointed by the King
- 4 House of Representatives. Majority of 3 / 5
- 4 Senate. Majority of 3 / 5
- 2 General Council of Judicial Power. Majority of 3 / 5
- 2 nominated by Government
APPOINTMENT
- Named among judges, prosecutors, academics, civil servants lawyers. (+ 15 years of practice) Section 159.2
- Named for 9 years and renewed by thirds every 3 years.
Incompatibilities
- With all representative mandate, political or administrative positions, with the performance of duties in a political party or trade union and employment in the service of mismos.El exercise of the judicial and prosecutor and any professional or commercial activity .
POWERS
Judicial review.
Amparo, for violation of the rights and freedoms.
Verification of appointment of judges of the TC
Conflicts of competition between state and autonomous regions and between regions.
Challenges
Other laws say.
OPERATION
In full integration: for all judges.
Presiding: President TC
Features: Virtually all resources except under the responsibility of the Boards
In Room (Two rooms) is divided into sections
1st Division (six judges). Chaired by the President of the Constitutional Court.
2nd room (six judges). Chaired by the Vice President.
Functions: writs.
In sections
For the regular office and the decision on the admissibility or inadmissibility and rooms full form by the respective sections made president or his representative and two judges.
ELECTION OF THE CONSTITUTIONAL COURT PRESIDENT
Named among the members of the TC by the King on the proposal of TC pleno.Período 3 años.En 1st absolute majority vote if it was obtained, in 2nd vote by simple majority.
REMEDY OF AMPARO
Prime Minister, the Ombudsman,
50 Members / Senators, Government CCAA, CCAA Assembly
APPEAL OF UNCONSTITUTIONAL
Any natural or legal person claiming a legitimate interest in the matter concerned.
Ombudsman, M º Prosecutor.

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