The Constitutional Court issued 12,621 resolutions in 2023, of which 11,849 were final. This figure represents a considerable increase compared to the 7,247 resolutions issued in 2022. This is highlighted in the report of the guarantee body for last year, which its president, Cándido Conde-Pumpido, delivered this Wednesday to King Felipe VI. The balance sheet for 2023 highlights the institution’s update, thanks to the work plan drawn up to speed up the court’s work. In this regard, it is also highlighted that the Constitutional Court decided in the aforementioned year on the admission of 11,503 appeals for protection, that is, 3,444 more than those received that year, which represents a significant reduction in the number of pending cases. Thus, at the end of 2023, there were 2,661 appeals for protection pending a decision on their admissibility, compared to 6,312 in 2022.
The Report also states that the majority of newly filed cases are requests for constitutional protection, for alleged violation of fundamental rights. 8,059 were filed, 99.25% of those registered with the Court. However, only 87 of these appeals were admitted for processing. “These figures have been achieved thanks to the agreement of the plenary session of the government on February 15, 2023 to regulate the submission of constitutional appeals through the electronic headquarters,” it explains. The objective of this procedure was “to simplify compliance with the legal requirements by the applicants.” In short, the aim was to reduce the time taken to decide on the admission of appeals. The Constitutional Court explains that, on the other hand, it was intended to “have an impact on a greater dedication of the court to the creation of doctrine on novel aspects in the field of fundamental rights that currently lack jurisprudence.”
The report also states that in 2023 there was a significant increase in the number of sentences. 190 were issued, compared to 151 in 2022. It is highlighted that these sentences represented “the resolution of the eight constitutional processes with the longest standing in the plenary session” of the guarantee body. Some of these resolutions were the one that rejected the appeal of unconstitutionality filed against the decree law of urgent measures issued to guarantee equal treatment and opportunities between women and men in employment and occupation; the one that endorsed the Abortion Law or the one that admitted the use of different formulas for compliance with the promise or oath requirement of the Constitution in the constitutive plenary session of Congress held in May 2019.
The Constitutional Court also highlights the rulings issued in matters of special relevance and social significance. This chapter highlights the resolutions by which appeals were dismissed, such as the one filed against the Euthanasia Law, or against the educational reform of the Celáa Law. This chapter also mentions the dismissal of the appeal against the law that prohibited the General Council of the Judiciary from making appointments of senior judicial officials while it was in office. In tax matters, various rulings dismissed appeals of unconstitutionality in which the legal regulation of the temporary solidarity tax on large fortunes was questioned.
Finally, the number of appeals against constitutionality was reduced compared to the previous year. In 2023, there were 26 compared to 36 in 2022. The majority, 10, were raised by deputies or senators (9 regarding state laws and one regarding an autonomous law), while the President of the Government filed seven against autonomous laws. The legislative assemblies and autonomous governments appealed 9 state laws. There were 29 questions of unconstitutionality in 2023 compared to 27 in 2022.
What matters most is what happens closer to home. To make sure you don’t miss anything, subscribe.
KEEP READING
#Constitutional #Court #issued #resolutions #previous #year
