EL TRIBUNAL CONSTITUCIONAL ANTE LA PARTICIPACIÓN AUTONÓMICA EN EL NOMBRAMIENTO DE SUS MIEMBROS

Abstract

In the reform of the Organic Law of the Constitutional Court of 2007 a mechanismwas introduced for autonomic participation in the naming of magistratesof the Constitutional Court. In essence, it dealt with the idea thatthe magistrates designated by the Senate have to be those who have beenproposed by the autonomous communities. Both the Law as well as its developmentin Senate regulations were contested before the ConstitutionalCourt, which settled the appeals in SSTC 49/2008 and 101/2008. The judgmentsdissent with the constitutionality of both laws by means of an interpretationof their content that significantly curtails the real possibilities of autonomicparticipation in the naming of judges. It is especially surprising that, althoughthere is dissension with the constitutionality of the law, by considering thatit is an open law that allows a variety of interpretations in its specificities,then, making the most of the occasion of judgment of the ParliamentaryRegulation, it removes the entire determinant nature of the autonomic proposalsof candidates. This article analyzes the context and the argument ofboth decisions.

Keywords

• Constitutional Court
• naming of magistrates
• autonomic participation
• LOTC
• statutory reform