Spanish Constitutional Justice System: Key Principles and Structure

1. Historical Precedents

• Chief Justice of Aragon: Considered a remote antecedent.
• Constitution of 1869: Early constitutional development.
• Constitution of 1873: The "non-born" constitution of the First Republic, which proposed the first European Constitutional Court.
• Constitution of 1931: The primary historical background, establishing a Constitutional Court separate from the Supreme Court, aligning with the European model.

The current 1978 Constitution dedicates Title IX (Articles 159 to 165) to the Constitutional Court. Its regulation, powers, and procedures are established in Organic Law 2/1979 of 3 October.

2. Nature of the Constitutional Court

• European Model: Follows the structure of European Constitutional Courts.
• Negative Legislator: Acts to invalidate unconstitutional laws.
• Supreme Interpreter: Serves as the highest interpreter of the Constitution.
• Independence: Operates independently of other constitutional bodies.
• Legal Framework: The Court is subject to the Constitution and Organic Law 2/1979.
• Doctrine: Not strictly bound by its own previous doctrine.
• Centrality: A unique body with jurisdiction extending throughout the national territory.
• Headquarters: Located in Madrid.

3. European Constitutional Justice System

• Constitutional Justice: Exclusively handled by the Constitutional Court (TC).
• Non-application of Law: Reserved solely for the TC.
• Erga Omnes: Sentences handed down by the TC have effects erga omnes (binding on all).
• Invalidation: The Court has the power to declare laws invalid.
• Publication: Statements are published in the Official State Gazette (BOE).
• Separation of Powers: The Supreme Court (TS) does not intervene, as the TC and TS are distinct bodies.
• Binding Decisions: All judges and courts are bound by TC judgments.

4. Composition of the Constitutional Court (Art. 159)

The appointment process involves the Congress of Deputies, the Senate, the Government, and the General Council of the Judiciary (CGPJ).

According to Article 159, the Constitutional Court consists of 12 members appointed by the King:

• 4 nominated by the Congress (three-fifths majority).
• 4 nominated by the Senate (three-fifths majority).
• 2 proposed by the Government.
• 2 proposed by the General Council of the Judiciary.

Members must be magistrates, prosecutors, university professors, civil servants, or lawyers of recognized standing with at least fifteen years of professional practice.

Key Features of the Composition

• Professionalism: Jurors and laypeople are excluded.
• Institutional Involvement: While the King performs the appointment, it is driven by institutional bodies.
• Hybrid Model: Represents a compromise between the German and Italian models.
• Incompatibilities: A strict system of incompatibilities is established.
• Tie-breaking: As the number of judges is even (12), the President holds a casting vote in the event of a tie, as per Article 90.1.