The Constitutional Court highlights the progress made in terms of “agility and transparency” in the first year after the renewal in January 2022. The Guarantee Body, chaired by Cándido Conde-Pumpido, has taken stock of the first year of its current president's term in office, a period in which “the main lines of activity of the Presidency have been to find priority solutions to the emerging issues of particular relevance.” a major delay and the implementation of an ambitious action plan to speed up the process for admitting Amparo complaints. The summary also highlights that the court has sought “greater transparency in its activities”, for which it was agreed that the appointment of the rapporteur for the trials would be communicated to the parties when the first order issued was announced, and that in the recording also contains the name of the speaker, which had not been done before.
The report shows that the court had to deal with 14,869 protection complaints. In January 2023, 6,810 Amparo complaints (due to possible violations of fundamental rights) were processed in various procedural phases, and a further 8,059 were added over the course of the year.
During 2023, the Guarantee Authority decided on the admissibility of 11,503 Amparo complaints, 3,444 more than received, representing a significant decrease in the number of pending cases. The court emphasizes that, in addition to shortening the time for deciding whether to admit this type of appeal, the aim was to increase the commitment of judges “to the creation of a doctrine on novel aspects of fundamental rights that are not currently present in the jurisprudence “, to reach. .
The report also shows that President Conde-Pumpido, through a plenary agreement on March 15, also approved and implemented the “shock plan” to accelerate the processing and resolution of applications for protection, to set the day within a period of six months for the processing of these Complaints were delayed considerably. In this sense, the court has so far issued more than 12,500 orders (sentences, orders and orders).
In addition to applications for protection, the number of decisions issued has increased significantly worldwide. This brings the penalties imposed in 2023 to 190, 25% more than the 151 in the previous year; There were 690 cars issued, compared to 178 last year, almost four times more; and 11,741 provinces compared to 7,277.
Among the verdicts passed, the final resolution of the eight oldest appeals of the plenum stands out, which came 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 review also refers to institutional activity and underlines that the Constitutional Court was unanimously chosen by the World Conference on Constitutional Justice to host its VI. Congress that will take place in Madrid in 2025. Also highlighted is the official visit last October to the Constitutional Court by the President of the European Court of Human Rights, Síofra O'Leary. And that last July a working seminar took place in the court headquarters of the Federal Constitutional Court, where relevant topics such as euthanasia, transsexuality and the influence of EU law were discussed. In addition, President Conde-Pumpido also received an official visit from the President of the Constitutional Court of the Republic of Korea and the President of the Constitutional Court of Peru, and a cooperation agreement was signed with the President of the Constitutional Court of Peru Dominican Republic.
Main clauses
These are some of the Constitutional Court's most notable rulings:
– Citing the unconstitutionality of Organic Law 2/2010, of March 3, on Sexual and Reproductive Health and Voluntary Termination of Pregnancy (STC 44/2023, of May 9).
– Complaint alleging unconstitutionality of 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 article 19.4 of Law 7/2010, of March 31, on audiovisual communications, as amended by Royal Decree-Law 15/2012, of April 20, regarding broadcasting rights for football matches (STC 7/2023). , dated February 21).
– Objection to protect the promise or oath formulas of the Constitution in the first legislative period of 2019 (STC 65/2023 of June 6).
– 2019 protective complaint regarding a commission of inquiry in the General Council of the Principality of Asturias (STC 77/2023 of June 20).
– 2018 protection complaint regarding the publication of a personal photo on the Catalan Regional Police website inviting citizens to cooperate (STC 33/2023 of April 18).
-Ciutatans' request for protection in the Catalan Parliament in 2019 against board decisions on a proposed resolution (STC 46/2023 of May 10).
– Unconstitutionality complaint by the PP against the Royal Decree-Law of March 1 on urgent measures to ensure equal treatment and equal opportunities for women and men in employment and profession (STC 18/2023 of March 21).
Other interesting constitutional complaints were also approved:
– Appeal for unconstitutionality against Organic Law 3/2021, of March 24, regulating euthanasia (STC 19/2023 of March 22 and STC 94/2023 of September 12).
– Complaint of unconstitutionality against Organic Law 3/2020 of December 29th, which amends Organic Law 2/2006 of May 3rd on Education (STC 34/2023 of April 18th and STC 49/2023 of May 10th).
– Complaint of unconstitutionality against Organic Law 4/2021, of March 29, amending Organic Law 6/1985, of July 1, of the Judiciary establishing the legal order applicable to the current General Council of the Judiciary (STC 128). /2023, from October 2nd).
– Complaints of unconstitutionality against the temporary solidarity tax on large assets established by Law 38/2022 of December 27th (STC 149/2023 of November 7th, STC 170/2023 of November 22nd, STC 171, of November 22nd, STC 189) was created. of December 12th and STC 190/2023 of December 12th).
– Complaint of unconstitutionality against Royal Decree-Law 26/2021, of November 8, on the tax on the appreciation of urban land – capital gains – (STC 17/2023 of March 9).
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