Constitutional Court Structure and Functions Explained

TC Members: Prerequisites

• Legal Proposals: Candidates must be proposed by authorized legal entities.
• Competence: Proposals must demonstrate recognized professional competence.
• Experience: Candidates must possess over 15 years of professional experience.
• Royal Recognition: Proposals must be formally recognized by the King.
• Oath: Once elected, members must be sworn into office.

TC Bodies

President

• Nominated by the King from the full proposal.
• Determined by an absolute majority.
• If no absolute majority is reached, a second ballot is held; a simple majority wins, even if some abstain.
• In the event of a tie, the candidate with earlier seniority is chosen; if still tied, the older candidate is selected.
• The presidency term lasts 3 years.
• The President holds the casting vote.

Full Court (Pleno)

The Pleno consists of all members of the Constitutional Court (TC) and addresses:

• Constitutional conflicts of jurisdiction between the State and Autonomous Communities or among themselves.
• Constitutional resources and issues.
• Verification of compliance regarding the requirements for the appointment of TC judges.

Chambers (Salas)

The TC consists of two chambers, each composed of six judges appointed by the Pleno.

Sections

Sections are responsible for examining the admissibility of resources (admission or dismissal). The TC expresses its decisions through the following resolutions:

• Orders (Providencias): Decisions issued by the TC that do not require motivation; used to address documentary deficiencies.
• Procedural Rulings (Autos): Resolve procedural problems.
• Binding Declarations: Resolutions dictated for individual cases.
• Judgments (Sentencias): Acts of significant importance that terminate the process. These must be published in the Official Gazette, including any individual dissenting votes.

The General Secretariat

The Secretary General is a magistrate elected by the members of the Tribunal for a 3-year term. Holding the fifth most important position in Spain, they are responsible for organizing, managing, and delivering legal and administrative services to the Court, reporting directly to the President.

Powers of the TC

1. Appeals and questions of unconstitutionality against laws and regulations with the force of law.
2. Amparo appeals.
3. Conflicts between the State and Regional governments.
4. Conflicts between constitutional bodies (Courts, Government, Crown, etc.).
5. Declaration of constitutionality regarding international treaties.
6. Verification of the appointment of TC judges.
7. Other matters mandated by the Constitution and basic laws.