Bill proposes pre-enactment Constitutional Court review of autonomy statutes

Automatic summary, not yet reviewed

1. The bill would bring back the prior unconstitutionality appeal for bills on autonomy statutes or their reform. This appeal had been removed by Organic Laworganic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes. 4/1985 of June 7.
2. It would amend Article 2 of the Organic Law on the Constitutional Court to add prior constitutionality review among its functions, in the cases provided for in the Constitution and in that law.
3. A new Article 79 would regulate the prior appeal against the final text of a statute bill after it passes both Chambers. The deadline to file it would be three days, and filing it would automatically suspend the bill's progress.
4. If the Court finds the text unconstitutional, the process could not continue until the Cortes Generales delete or amend the affected provisions. The rule would not apply to statute reforms already in progress when the law takes effect.

Who it affects

• The Cortes Generales (Spanish Parliament), because the appeal would freeze the processing of statute bills.: They would have to delete or amend the provisions found unconstitutional before moving on.
• The Constitutional Court, which would gain a new prior review role.: It would handle these appeals, which must be filed within a very short three-day window.
• Autonomous communities with statute reforms underway.: Reforms already in progress would not be subject to the new appeal.

Words worth knowing

Recurso previo de inconstitucionalidad (prior unconstitutionality appeal)

An appeal filed with the Constitutional Court before a rule is definitively passed, to check whether it fits the Constitution.

Estatuto de autonomía (autonomy statute)

The basic rule of each autonomous community, similar to a small constitution for that community.

Precepto (provision)

Each article or section of a legal rule.

organic law

A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries