Law 15/2015, On 16 October, Reform Of The Organic Law 2/1979, October 3, The Constitutional Court, For The Implementation Of The Resolutions Of The Constitutional Court As A Guarantee Of The Rule Of Law.
Original Language Title: Ley Orgánica 15/2015, de 16 de octubre, de reforma de la Ley Orgánica 2/1979, de 3 de octubre, del Tribunal Constitucional, para la ejecución de las resoluciones del Tribunal Constitucional como garantía del Estado de Derecho.
Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-11160
FELIPE VI King of Spain to all that the present join together and act.
Know: That the Cortes Generales have approved and I come in to sanction the following law: preamble one of the main components of the exercise of any judicial function is the existence of adequate instruments to ensure the effectiveness of decisions taken in the exercise of that function.
The guarantee of such effectiveness is an essential element for the existence of a rule of law, since without this guarantee such a State would not exist.
Our Constitution entrusts to the Constitutional Court the function of being its supreme interpreter and guarantor through the exercise of its judicial function.
While the current regulation of the Constitutional Court contains the General principles to ensure the effectiveness of its resolutions, the need to adapt to the new situations that seek to avoid or circumvent such effectiveness requires to develop the necessary instruments to make real the guarantee of effectiveness.
To do this, contained in this law reform introduced, in constitutional offices, instruments of execution giving the Court of a bundle of powers to ensure the effective implementation of its resolutions.
Thus reform develops the functions of judicial assistance in such a way that the Court can undertake the implementation of its resolutions, well directly or through any public power.
For this purpose, reform attributes the character of enforcement to the decisions of the Court, and set, in terms of execution, the supplementary application of the law of the administrative jurisdiction.
Also opens the possibility that the Court may agree that its resolutions will notify any authority or public servant.
The reform establishes a specific regime for cases of non-compliance with the resolutions of the Constitutional Court. In these cases, the Tribunal will request a report to those who must comply with them and once the report is received or the time that occurred, the Court may impose coercive fines, agreed suspension of the authorities or civil servants responsible for the breach, or entrust the Government of the nation, still functions, the substitute execution. All of this without prejudice to criminal responsibilities that correspond to demand.
It also allows that, in situations where circumstances of special constitutional significance, as, for example, cases of notorious failure, and in the case of the execution of the resolutions agreed suspension provisions, acts or contested proceedings the Court can adopt the necessary implementing measures unprecedented part. While, in the same resolution that remember them will give hearing to the parties and to the public prosecutor, pending which will decide the maintenance, modification or revocation of the measures initially adopted.
Single article. Modification of the organic law 2/1979, October 3, the Constitutional Court.
The organic law 2/1979, on 3 October, the Constitutional Court is modified in the following terms: one. Amending article 80, which is drawn up in the following way: 'shall apply, with supplementary character of this law, the provisions of the organic law of the Judicial power and the law of Civil procedure, in terms of appearance at trial, disqualification and abstention, advertising and form of acts, communications and acts of judicial relief, day and business hours , computation of timelines, deliberation and voting, expiry, waiver and withdrawal, official language and police States.
Implementation of resolutions shall apply, with supplementary character of this law, the precepts of the law of the administrative litigation jurisdiction.'
Two. Amending article 87, which is drawn up in the following terms: "1. all public authorities are obliged to comply with the ruling of the Constitutional Court."
In particular, the Constitutional Court may agree to the personal notification of their resolutions to any authority or public servant that is deemed necessary.
2. the courts and tribunals shall provide preferential and urgent nature to the Constitutional Court judicial relief that this request.
For this purpose, the decisions and resolutions of the Constitutional Court shall be regarded as executory titles.»
3. Amending article 92, which will have the following wording: «1. the Constitutional Court shall ensure the effective implementation of its resolutions. " Available in the judgment, resolution, or in later acts, who has run it, the implementing measures necessary, and, where appropriate, resolving incidences of the execution.
You can also declare null and void any resolutions that contravene the dictated in the exercise of its jurisdiction, on the occasion of the execution of these, after hearing the public prosecutor's Office and the authority that issued them.
2. the Court may request the assistance of any of the administrations and public authorities to ensure the effectiveness of its resolutions which will lend it a priority and urgent basis.
3. the parties will promote the incident of execution referred to in paragraph 1, to propose to the Court the implementing measures required to ensure the effective implementation of its resolutions.
4. in the case of warning that a judgment in the exercise of its jurisdiction may be being breached, the Court, ex officio or at the request of any of the parts of the process that would have shouldered, will require institutions, authorities, public employees or individuals to those concerned to carry out its enforcement in the term that is set them to report in this regard.
The report received or after the deadline, if the Court appreciated the total or partial breach of its resolution, may take any of the following measures: to) impose a periodic penalty payment of three thousand to thirty thousand euros to the authorities, public employees or individuals who failed the Court resolutions, and may reiterate the fine until full compliance as instructed.
(b) remember the suspension in its functions the authorities or public service employees responsible for the breach, while the need to ensure observance of the pronouncements of the Court.
(c) the implementation alternative resolutions relapses recovery in the constitutional process. In this case, the Court may require the collaboration of the Government of the nation so that, in the terms set by the Court, take the necessary measures to ensure the implementation of resolutions.
(d) deduct the appropriate testimony of individuals to demand criminal responsibility is relinquished.
5. If it were the implementation of the resolutions agreed by the suspension provisions, acts or contested proceedings and relevant circumstances of special constitutional significance, the Court, ex officio or at the request of the Government, take measures to ensure due compliance without hearing the parties. In the same resolution will give hearing to the parties and to the Department of public prosecutions by common within three days, after which the Court shall issue resolution lifting, confirming or modifying measures previously taken.»
Four. Content of article 95 paragraph 4 current shall be deleted and the content of paragraph 5 is renumbered as 4 with the following wording: «(4. Los límites de la cuantía de estas sanciones o de las multas previstas en la letra a) of paragraph 4 of article 92 may be reviewed at any time, by means of ordinary law.»
Sole final provision. Entry into force.
This law shall enter into force the day of its publication in the «Official Gazette».
Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this organic law.
Madrid, October 16, 2015.
The Prime Minister, MARIANO RAJOY BREY
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