Proposal to strip the Constitutional Court of enforcement powers

Automatic summary, not yet reviewed

1. The bill would remove the prior unconstitutionality review, that is, the possibility for the Constitutional Court to review drafts of Statutes of Autonomy reforms before they are passed. The authors argue this prior review works as a political veto not provided for in the Constitution.
2. It would also repeal the 2015 reform that gave the Constitutional Court tools to enforce its own rulings, such as suspending officials or handing enforcement to the Government. The authors see these measures as disguised sanctions that break the balance of powers.
3. The text deletes several provisions of the Constitutional Court's 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.: a paragraph of Article 2, another of Article 10, Title VI bis and Article 79, which contained the prior review and the enforcement regime.
4. Article 80 would be rewritten so that procedural rules from the Judicial Power organic law and the Civil Procedure Act apply as a supplement, on matters such as recusal, deadlines or publicity of actions.
5. Articles 87 and 92 would be rewritten: public authorities must comply with the Court's rulings and ordinary courts must give it priority and urgent judicial assistance, but enforcement would be organized without the 2015 measures.
6. The Court could impose coercive fines of 600 to 3,000 euros on anyone who fails to comply with its orders, and repeat them until compliance. The limits of these fines could be revised by ordinary law.

Who it affects

• The Constitutional Court (Tribunal Constitucional): Would no longer be able to review drafts of Statutes of Autonomy reforms before their approval.
• Public authorities and civil servants: Would lose the possibility of being suspended or replaced in the enforcement of the Court's rulings.
• The Spanish Parliament (Cortes Generales) and regional parliaments: Would regain the role of passing Statute reforms without the Court's prior review being interposed.
• The Government: Would no longer be able to receive substitute enforcement of the Constitutional Court's rulings.

Words worth knowing

Recurso previo de inconstitucionalidad (prior unconstitutionality review)

A challenge allowing the Constitutional Court to review a bill before it is passed, to check whether it fits the Constitution.

Multas coercitivas (coercive fines)

Fines that can be repeated to pressure someone into complying with a court order, not to punish a crime.

Auxilio jurisdiccional (judicial assistance)

Help that ordinary courts must provide to the Constitutional Court when it needs it.

Estatuto de Autonomía (Statute of Autonomy)

The basic law of a Spanish autonomous community, similar to a mini constitution for that territory.

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