The Constitutional Court highlights the progress made in “agility and transparency” in its first year after the renewal, carried out in January 2022. The guarantee body, chaired by Cándido Conde-Pumpido, has taken stock of the first year of its current president's mandate, a time in which “the main lines of action of the presidency have been the priority resolution of those matters of special relevance that accumulated a greater delay and the execution of an ambitious action plan to expedite the process of admission of amparo appeals. The summary also highlights that the court has sought “greater transparency in its activity”, for which it has been agreed that the designation of the rapporteur for the processes will be communicated to the parties when the first resolution issued is notified, and that in The record also includes the name of the speaker, something that had not been done until now.
The report indicates that the court has had to deal with 14,869 appeals for protection. In January 2023, 6,810 amparo appeals were being processed (those filed for possible violation of fundamental rights), in different procedural phases, and another 8,059 have been added during the year.
Throughout 2023, the guarantee body has ruled on the admissibility of 11,503 amparo appeals, that is, 3,444 more than have been received, which represents a significant reduction in the number of pending cases. The court highlights that, in addition to reducing the time to decide on the admission of this type of appeal, the aim has been to achieve greater dedication from the magistrates “to the creation of doctrine on novel aspects of fundamental rights currently lacking jurisprudence.” .
The report also indicates that President Conde-Pumpido has also approved and implemented the “shock plan” to speed up the processing and resolution of appeals for protection, through a plenary agreement on March 15, to put the day within a period of six months the processing of these appeals, which was seriously delayed. In this sense, the Court has issued more than 12,500 resolutions (sentences, orders and orders) to date.
Globally, beyond appeals for protection, the number of resolutions issued has experienced a significant increase. Thus, the sentences handed down during 2023 amount to 190, 25% more than the 151 the previous year; 690 cars have been issued, compared to 178 the previous year, almost four times more; and 11,741 provinces compared to 7,277.
Among the approved sentences, the final resolution of the eight oldest appeals of the Plenary stands out, which dated from 2010, 2018 and 2019, such as those against the abortion law or on the formulas or promises to swear the Constitution.
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The balance also refers to institutional activity, highlighting that the Constitutional Court has been unanimously chosen by the World Conference on Constitutional Justice as host of its VI Congress, which will be held in Madrid in 2025. It is also highlighted that last October the official visit to the Constitutional Court of the President of the European Court of Human Rights, Síofra O'Leary. And that last July a work seminar was held at the court headquarters with the Federal Constitutional Court of Germany, where such relevant topics as euthanasia, transsexuality and the influence of European Union Law were addressed. In addition, President Conde-Pumpido has also received an official visit from the President of the Constitutional Court of the Republic of Korea, the President of the Constitutional Court of Peru and a collaboration agreement has been signed with the President of the Constitutional Court of the Dominican Republic.
Main sentences
These are some of the most notable rulings adopted by the Constitutional Court:
– Appeal for unconstitutionality regarding Organic Law 2/2010, of March 3, on sexual and reproductive health and voluntary interruption of pregnancy (STC 44/2023, of May 9).
– Appeal for unconstitutionality regarding Royal Decree-Law 4/2018, of June 22, on the legal regime applicable to the appointment of the Board of Directors of RTVE and its president (STC 45/2023, of May 10).
– Question of unconstitutionality regarding art. 19.4 of Law 7/2010, of March 31, on Audiovisual Communication, in the wording given by Royal Decree-Law 15/2012 of April 20 in relation to broadcasting rights in football matches (STC 7/2023, of February 21).
– Appeal for protection on the promise or oath formulas of the Constitution in the first legislature of 2019 (STC 65/2023, of June 6).
– 2019 appeal for protection regarding a commission of investigation in the General Board of the Principality of Asturias (STC 77/2023, of June 20).
– 2018 appeal for protection regarding the publication of a personal photograph on the website of the Catalan regional police requesting citizen collaboration (STC 33/2023, of April 18).
-Ciutatans' 2019 appeal for protection in the Parliament of Catalonia against resolutions of the board on a proposed resolution (STC 46/2023, of May 10).
– Appeal of unconstitutionality presented by the PP against the Royal Decree-Law, of March 1, on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation (STC 18/2023, of March 21st).
Likewise, other interesting unconstitutionality appeals have been approved:
– Appeal of unconstitutionality against Organic Law 3/2021, of March 24, regulating euthanasia (STC 19/2023, of March 22 and STC 94/2023, of September 12).
– Appeal of unconstitutionality against Organic Law 3/2020, of December 29, which modifies Organic Law 2/2006, of May 3, on education (STC 34/2023 of April 18 and STC 49/2023 , May 10).
– Appeal of unconstitutionality against Organic Law 4/2021 of March 29, which modifies Organic Law 6/1985, of July 1, of the Judiciary, for the establishment of the legal regime applicable to the General Council of the Judiciary in office (STC 128/2023, of October 2).
– Unconstitutionality appeals against the temporary solidarity tax on large fortunes created by Law 38/2022, of December 27 (STC 149/2023, of November 7, STC 170/2023, of November 22, STC 171, of November 22, STC 189, of December 12 and STC 190/2023, of December 12).
– Appeal of unconstitutionality against Royal Decree-Law 26/2021, of November 8, on the tax on the increase in value of urban land – capital gains – (STC 17/2023, of March 9).
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