Law Organic 12 / 2015, Of 22 Of September, Of Modification Of The Law Organic 2 / 1979, Of 3 Of October, Of The Court Constitutional, For The Establishment Of The Resource Prior Of Unconstitutionality For The Projects Of Law Organic Of Statute D...
Original Language Title: Ley Orgánica 12/2015, de 22 de septiembre, de modificación de la Ley Orgánica 2/1979, de 3 de octubre, del Tribunal Constitucional, para el establecimiento del recurso previo de inconstitucionalidad para los Proyectos de Ley Orgánica de Estatuto d...
Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10196
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 the autonomous State agreed in the transition and designed by the Spanish Constitution of 1978 has worked reasonably well during the more than thirty-five years the fundamental rule in force. Has allowed the creation and consolidation of a State of the autonomies strong and is has erected in factor decisive in the construction of our State social and democratic of right.
The Spanish Constitution of 1978, in its article 147, configures the statutes of autonomy as the basic institutional norm of each autonomous community, that the State will recognize and support as an integral part of the legal system. In such a way that the statutes of autonomy with the Constitution, in the respective field of your autonomous community, share its conceptualization as inspiring principle and its status as Foundation of social order and political and civic coexistence.
By all this, is evident that the statutes of autonomy should be subject to the Constitution as warranty of stability and not friction in the architecture institutional and legal of the State. If to this add its character of standard with range of law, has of being the Court constitutional who holds the monopoly of its control of constitutionality.
In this sense, the seem of the Council of State, in its report on them reforms of it Constitution Spanish issued in 2006, is diaphanous when says that «this control subsequently perhaps not is the more suitable for sources policy that, as them statutes, subordinate to the Constitution, occupy low she the more high place in the hierarchy ordinamental.» To rid them of the suspicion of unconstitutionality and, a fortiori, of the explicit accusation of incurring it, could be considered the desirability of reintroducing the previous appeal of unconstitutionality".
Certainly, the existence of a resource prior of unconstitutionality for them projects of statutes of autonomy and its proposals of reform not constitutes a novelty from a point of view changing. In fact, the existence of the prior appeal of unconstitutionality was instituted by law 2/1979, October 3, the Constitutional Court, and was not suppressed until the enactment of the organic law 4/1985, of June 7, when all - or nearly all - were in force statutes of autonomy.
All this allows infer that, to avoid the questioning constitutional e institutional and backbone with rigor legal and cohesion social the State, is becomes necessary and suitable reset, adapting it to the current configuration of the State, the resource prior of unconstitutionality, that Yes, only for them projects of statutes of autonomy and their proposed of reform. Thus avoiding the main reproach which won this legal institution in the past when it could be used by minority groups to halt the entry into force of legal standards, organic, approved by the Cortes Generales.
In short, it is necessary to ensure the, not always easy, balance between the special legitimacy that the statutes of autonomy as institutional basic norm of the autonomous communities, which involves both the State and the autonomous communities and, occasionally, the electorate by referendum, and respect for the text to the constitutional framework, built around the Constitution as fundamental to our legal system and the State regulation.
The scope of the reform affects three precepts of the law of the Constitutional Court.
Is modifies the article 2, for the purposes of include between them functions of the Court constitutional the control prior of constitutionality in them cases expected in the article 79 of the present law (projects of statutes of autonomy and its proposals of reform).
Article 10, is modified to include among the matters of which corresponds to inform the plenary Court, previous resource of unconstitutionality against projects of statutes of autonomy and its proposals for reform.
Is adds a new title VI bis and a new article 79 (that had left without content the law organic 4 / 1985, of 7 of June), that is which regulates the new control prior of unconstitutionality of them projects of statutes of autonomy and their proposed of reform, pointing that the resource will have by object it challenge of the text final of the project of statute or of the proposed of reform of Statute after its processing in both cameras of the courts General. Moreover, the procedure is governed by provisions for resources of unconstitutionality, even though, by the very nature of this resource, the time limit for its filing is extremely brief (three days). And to prevent delay undesirable in your resolution, is establishes a term extended of six months for the Court resolved with character preferential. He new article 79 accurate also them effects of the interposition of the resource-that suspends automatically the processing of the project-, and of the sentence positive of the same, that will have as consequence the impossibility of follow the procedure insofar as them projects declared unconstitutional not have been suppressed or modified by them cuts General.
Single article. Modification of the organic law 2/1979, October 3, the Constitutional Court.
One. Added a new heading e) bis in the paragraph one of the second article, with the following wording: «e) bis. Prior control of unconstitutionality in the case provided for in article seventy-nine of this law.»
Two. Added a new heading d) bis in the paragraph one of article ten, with the following wording: «d) bis.» Previous resources of unconstitutionality against projects of statutes of autonomy and proposals for reform of the statutes of autonomy."
3. Added a new title VI bis and a new article seventy-nine, who will have the following wording: «TITLE VI BIS of the prior appeal of unconstitutionality against projects of statutes of autonomy and proposals for reform of statutes of autonomy article seventy-nine.
One. They are susceptible of appeal of unconstitutionality, with previous character, projects of statutes of autonomy and the proposals for reform of the same.
Two. The resource will aim the challenge of the final text of the draft statute or of the reform proposal for a statute, once approved by the Cortes Generales.
3. They are entitled to the previous appeal of unconstitutionality who, in accordance with the Constitution and with this law, are entitled for remedies for unconstitutionality against statutes of autonomy.
Four. The deadline for the filing of the appeal shall be three days since the publication of the text adopted in the «Official Gazette of the courts General». The filing of the appeal will automatically suspend all subsequent procedures.
5. When approval of the draft statute or the proposed reform has to be submitted to a referendum in the territory of the respective autonomous community, the same not may convene until you have resolved the Constitutional Court and, if necessary, have been abolished or amended by the Cortes Generales declared unconstitutional precepts.
6. The prior appeal of unconstitutionality shall be dealt with in the manner provided in chapter II of title II of this Act and shall be resolved by the Constitutional Court in the non-extendable period of six months from its filing. The Court shall ensure to give effective compliance with this provision, reducing ordinary deadlines and giving preference anyway to the resolution of these issues in processing other resources.
Seven. When the pronouncement of the Court declare it lack of the unconstitutionality alleged, will continue to its course them procedures leading to its entry in force, included, in its case, the corresponding procedure of call and celebration of referendum.
8. If, by the contrary, declares the unconstitutionality of the text contested, must realize those precepts to which reaches, those that by connection or consequence are affected by such statement and the precept or precepts constitutional infringed. In this course, the processing not can continue without such precepts have been suppressed or modified by them cuts General.
9. «He pronouncement in the resource prior not prejudice the decision of the Court in them resources or issues of unconstitutionality that may bring is after the entry in force with force of law of the text contested in the via prior.»
The present law organic will enter in force to the day following of its publication in the «Bulletin official of the State».
Therefore, command to all them Spanish, particular and authorities, that observe and do save this law organic.
Madrid, 22 of September of 2015.
The President of the Government, MARIANO RAJOY BREY
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