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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.

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To all who present it and understand it.

Sabed: That the General Cortes have approved and I come to sanction the following organic law:


One of the main components of the exercise of any jurisdictional function is the existence of sufficient instruments to ensure the effectiveness of the decisions given 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 the Constitutional Court with the function of being its supreme interpreter and guarantor by exercising its judicial function.

While the current regulation of the Constitutional Court contains the general principles for ensuring the effectiveness of its resolutions, the need to adapt to new situations that seek to avoid or circumvent such effectiveness requires the development of the tools necessary to ensure that the effectiveness guarantee is real.

To do this, the reform contained in this Organic Law introduces, in constitutional headquarters, implementing instruments that provide the Tribunal with a bundle of powers to ensure the effective implementation of its resolutions.

Thus the reform develops the functions of judicial relief in such a way that the Court can undertake the execution of its resolutions, either directly or through any public power.

For such purposes, the reform attributes the character of an executive title to the decisions of the Court, and establishes, in the field of enforcement, the application of the Law of the Jurisdiction-Administrative Jurisdiction.

The possibility also opens that the Court may agree that its resolutions are notified to any public authority or employee.

The reform establishes a specific regime for the alleged non-compliance with the resolutions of the Constitutional Court. In such cases, the Court shall request a report from those who must comply with them and, once the report has been received or the deadline given, the Court may impose periodic penalty payments, agree on the suspension of the authorities or public employees. responsible for the failure to comply, or to entrust to the Government of the Nation, still in office, the replacement execution. All this, without prejudice to the possibility of the corresponding criminal liability being required.

It is also permitted that, in situations in which circumstances of particular constitutional importance are present, such as, for example, the alleged non-compliance, and the enforcement of the resolutions that agree to the suspension of the contested provisions, acts or actions the Court may take the necessary implementing measures inaudits. Although, in the same resolution as the agreement, it will give the parties and the Prosecutor's Office a hearing, after which they will decide on the maintenance, modification or revocation of the measures initially adopted.

Single item. Amendment of Organic Law 2/1979 of 3 October of the Constitutional Court.

Organic Law 2/1979 of 3 October of the Constitutional Court is amended as follows:

One. Article 80 is amended as follows:

" The provisions of the Organic Law of the Judiciary and of the Law on Civil Procedure will be applied, in an additional manner, to the Law of the Judicial Branch, in matters of appearance in judgment, recusal and abstention, publicity and form. of the acts, communications and acts of judicial assistance, day and business hours, calculation of deadlines, deliberation and voting, expiration, resignation and withdrawal, official language and police of estrados.

In matters of enforcement of resolutions, the provisions of the Law of the Administrative-Administrative Jurisdiction shall apply, as a matter of fact, to the provisions of this Law. "

Two. Article 87 is amended, which is worded as follows:

" 1. All public authorities are obliged to comply with what the Constitutional Court resolves.

In particular, the Constitutional Court may agree to the personal notification of its resolutions to any public authority or employee deemed necessary.

2. The Courts and Courts shall give the Constitutional Court the right to give preferential and urgent assistance to the Constitutional Court.

To these effects, the judgments and resolutions of the Constitutional Court will have the consideration of executive titles. "

Three. Article 92 is amended, which will be amended as follows:

" 1. The Constitutional Court will ensure the effective implementation of its resolutions. It may provide in the judgment, or in the judgment, or in subsequent acts, who shall implement it, the necessary implementing measures and, where appropriate, resolve the incidents of enforcement.

It may also declare the nullity of any resolutions that contravene those of the exercise of its jurisdiction, on the occasion of the execution of those decisions, after hearing of the Prosecutor's Office and the dictated.

2. The Court may seek the assistance of any of the public authorities and authorities in order to ensure the effectiveness of its decisions which will lend it priority and urgency.

3. The parties may promote the enforcement incident provided for in paragraph 1, in order to propose to the Court the implementing measures necessary to ensure the effective enforcement of their decisions.

4. If it is noted that a judgment given in the exercise of its jurisdiction may be infringed, the Court, either on its own initiative or at the request of one of the parties to the proceedings in which it has fallen, shall require the institutions, authorities, public employees or individuals to whom it is appropriate to carry out their compliance so that within the time limit they are set to inform them.

Received the report or after the deadline, if the Court appreciates the total or partial non-compliance of its resolution, it may take any of the following measures:

(a) Impose a penalty payment of three thousand to thirty thousand euros to the authorities, public employees or individuals who fail to comply with the Court's decisions, and may reiterate the fine up to full compliance with the command.

b) Agree to the suspension in their duties of the authorities or public employees of the Administration responsible for the non-compliance, for the time specified to ensure compliance with the Court's pronouncements.

c) The substitute execution of the resolutions placed on the constitutional processes. In this case, the Court may require the collaboration of the Government of the Nation so that, in the terms set by the Court, it shall take the necessary measures to ensure compliance with the resolutions.

d) Deduct the timely testimony of individuals to demand the criminal liability that may correspond.

5. In the case of enforcement of decisions which agree to the suspension of the provisions, acts or actions contested and circumstances of particular constitutional transcendence, the Court shall, of its own motion or at the request of the Government, take the necessary steps to ensure their due compliance without hearing the parties. In the same judgment, it shall give the parties and the Ministry of Public Prosecutor a common period of three days, after which the Court shall give judgment by lifting, confirming or amending the measures previously adopted. '

Four. The content of the current paragraph 4 of Article 95 is deleted and the content of paragraph 5 is renumbered as 4 with the following wording:

" 4. The limits of the amount of these penalties or of the fines provided for in Article 92 (4) (a) may be revised, at any time, by ordinary law. "

Single end disposition. Entry into force.

This Organic Law will enter into force on the day of its publication in the "Official State Gazette".


I command all Spaniards, individuals and authorities, to keep and keep this organic law.

Madrid, 16 October 2015.


The President of the Government,