La reforma del Tribunal Constitucional.

Authors

  • RAFAEL GÓMEZ-FERRER MORANT

Keywords:

appeal, amparo, powers, constitutional importance, institutional position, allegation of unconstitutionality.

Abstract

Organic law 6/2007 amends the earlier law (LOTC) to expedite the procedures to produce faster rulings in legal cases. It makes special reference to appeals under the «recurso de amparo» mechanism (appeals for protection of fundamental or constitutional rights). To such effect, it expands the incidence of nullity of suit, redistributes powers between the different courts (Pleno, Salas and Secciones), and circumscribes recursos de amparo to cases of special constitutional importance. Organic law 2/2007 also introduces significant changes regarding the institutional position of the Tribunal Constitucional (Constitutional Court), the appointment of judges proposed by the Senate and the end of the President and Vice-President’s term of office. Regulations on allegations of unconstitutionality are amended to guarantee the principle of equality, regulating the appearance of parties in the legal procedures before the Court. Internal allegations of unconstitutionality and cautionary measures are also amended.

Published

2008-04-09