Una nueva reflexión sobre la prorogatio de los órganos constitucionales. Una discrepancia y algunas puntualizaciones a J. A. Santamaría

Authors

  • LUIS AGUIAR DE LUQUE

Keywords:

Appointment of members to constitutional entities. Constitutional Court. General Council of the Judiciary. Court of Audit. Extension of terms of office, Alternatives to present procedures. The need for continuity in the General Council of the Judiciary.

Abstract

This article expresses certain discrepancies with the opinions of J. A. Santamaría published in the last issue of this journal. There he advocates eliminating the automatic renewal of members’ terms in office (prorogatio) as a means for preventing delays that frequently occur in the appointment of new members to the most relevant entities in our system of organization of powers. This article underscores the risks that J. A. Santamaría’s proposal to simply eliminate prorogatio would entail. In addition to suggesting other possible solutions, it suggests individualizing any hypothetical legislative measures to reflect the peculiarities of each of the entities involved, qualifying the scope of the elimination of prorogatio either by supplementing it with other measures, or by partially maintaining the institution in other cases (General Council of the Judiciary).

Published

2009-04-29

Issue

Section

STUDIES