Decrees, Constitutional Court, and Principles in Spain

Decrees

Decrees are rules that have the force of law. If there is an extraordinary need, the Government may introduce provisional legislation that takes the form of a decree-law. Decree-laws may not affect the regulation of the basic institutions of the State, the rights and duties, freedoms, the regime of autonomous communities, or electoral law. Decree-laws must be immediately submitted for debate and voting by the entire Congress. If Congress is not in session, it must be called within 30 days of the decree's promulgation. Congress must vote on their ratification or repeal within that period.

Constitutional Court

The Constitutional Court is responsible for enforcing constitutional principles.

Composition

It consists of 12 members. The Constitution provides for the participation of the three branches of government in their appointment:

• 4 are proposed by the Senate
• 4 are proposed by Congress
• 2 are proposed by the Government
• 2 are proposed by the General Council of the Judiciary

Although it may seem that the appointment is in the hands of the majority, it is not so, because 3/5 of each chamber is needed. Besides, the mandate is for 9 years, longer than the legislature, and is renewed every 3 years, with 4 of the judges being replaced.

Judges, university professors, officials, and lawyers can be judges.

Means of Control of Laws

There are two main means of controlling laws:

• Remedy of Unconstitutionality: If a law is contrary to the Constitution, the President, the Ombudsman, or 50 senators or deputies may file a constitutional challenge within three months of its publication.
• Question of Unconstitutionality: This is used when a judge, at the time of passing a sentence, is not clear whether the rule to apply is constitutional or not.

Other Means

• Amparo Resource: Intended to protect fundamental rights. To bring an amparo appeal to the Constitutional Court, ordinary jurisdiction must first be exhausted.

Constitutional Principles

Principle of Unity

The principle of unity refers to the unity of the Spanish state in a single nation. It manifests itself in three perspectives:

1. Political Unit: A consequence of all the territorial sovereignty belonging to the State itself.
2. Legal Unit: Can be found in the organic laws and seeks harmonization and equilibrium between communities.
3. Economic Unit: Not explicitly elaborated in the provided text, but implied as a component of national unity.