Proposal to enforce Constitutional Court rulings in Spain

Automatic summary, not yet reviewed

1. The bill would give the Constitutional Court more tools to make sure its rulings are actually enforced, since it considers that effectiveness essential to the rule of law.
2. The bill would make the Court's rulings enforceable titles, would require courts to provide judicial assistance to the Court on a priority and urgent basis, and would allow personal notification of its rulings to any public authority or employee.
3. If the Court finds non-compliance, it could impose fines of 3,000 to 30,000 euros (repeatable until full compliance), suspend the responsible public authorities or employees from office, entrust enforcement to the Government of the Nation, or refer the case for criminal liability.
4. In cases of special constitutional significance, the Court could take enforcement measures without first hearing the parties, though it would then hear them for three days. The fine amounts could be revised by ordinary law, and the law would take effect the day it is published in the official state gazette (BOE).

Who it affects

• All public authorities: Must comply with what the Court rules and may receive personal notifications of its rulings.
• Public authorities and employees: May face fines or suspension from office for failing to comply with the Court's rulings.
• Private individuals: May be fined and held criminally liable for failing to comply with the Court's rulings.
• Courts: Must provide judicial assistance to the Court on a priority and urgent basis.
• Government of the Nation: May be asked to enforce the Court's rulings on its behalf.

Words worth knowing

Título ejecutivo (enforceable title)

A document that allows you to ask the courts to enforce what it orders, like an enforceable order.

Auxilio jurisdiccional (judicial assistance)

Help that other courts provide to a judicial body so it can carry out its actions.

Multa coercitiva (coercive fine)

A fine that can be repeated until the person required to comply actually does so.

Ejecución sustitutoria (substitute enforcement)

When another branch of government (here, the Government) does what is needed to comply with a ruling because the party required to do so has not.

Inaudita parte (without hearing the parties)

Taking a measure without first hearing the people affected.

It summarizes the text passed by the full Congreso. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries