Constitutional conflictiveness. Constitutional court M

Constitutional conflictiveness. 2017 Constitutional court
2017 1981-2017 (1)
GENERALITAT-STATE (2)
End procedure 33.2 LOTC (3) 0 18
Uncontinued summons (4) 0 201
Cases proposed to CC 4 387
Cases admitted by CC 3 383
Appeals 1 106
Conflicts 2 277
Finalised cases 13 374
By CC sentence 13 296
appeals 10 100
conflicts 3 196
Withdrawal (5) 0 58
appeals 0 3
conflicts 0 55
By settlement (6)
conflicts 0 6
By disappearance of object (7) 0 14
appeals 0 1
conflicts 0 13
Pending cases 3 12
Appeals 1 6
Conflicts 2 6
STATE-GENERALITAT (8)
End procedure 33.2 LOTC (3) 0 30
Uncontinued summons (4) 0 40
Cases admitted by CC 19 173
Appeals 16 97
Conflicts 0 69
Challenged Title V LOTC 3 7
Finalised cases 17 156
By CC sentence 17 114
appeals 12 72
conflicts 3 36
challenged Title V LOTC 2 6
Withdrawal (5) 0 34
appeals 0 9
conflicts 0 25
By settlement (6)
conflicts 0 5
By disappearance of object (7)
conflicts 0 3
Pending cases 12 17
appeals 11 16
conflicts 0 0
Challenged Title V LOTC 1 1
Unconstitutionality appeals by other state entities
Against Generalitat laws (9)
proposed 3 25
sentenced 4 20
desist 0 1
object disappeared 2 2
pending 1 2
Conflicts of competence of Generalitat against other AC
Proposed 0 1
Sentenced 0 1
Desist 0 0
Pending 0 0
Conflicts of local autonomy against Generalitat laws
Proposed 0 1
Sentenced 0 0
Extinct 0 1
Pending 0 0
Unconstitutionality issues proposed by the courts
On Generalitat laws (10)
proposed and admitted 1 59
sentenced 1 51
object disappeared 0 7
pending 1 1
Source: Presidential Department.
(1) This is the evolution over the last five years and the total corresponding to the current constitutional period. The conflictiveness has been accounted for in the following manner: in reference to summonses, appeals and conflicts, in accordance with the date of the disposition or act of challenge; finalised cases, according to the date of the sentence or the act of finalisation as dictated by the Constitutional Court (CC); and cases still pending, according to the year of the disposition or act of challenge.
(2) Refers to actions initiated by the organs of the Generalitat against state regulations or acts.
(3) These are the bilateral Generalitat-State negotiation procedures that are followed in accordance with art. 33.2 of the LOTC to reconcile discrepancies manifested concerning areas of competence in respect of legal regulations that have ended in a bilateral agreement or without an agreement but no appeal is lodged in regard of said discrepancy.
(4) These are controversies that have been responded to by settlement during the preliminary summons phase and that did not come to be proposed as conflicts to the CC.
(5) By petition of the party proposing the controversy.
(6) By petition of the party against which the challenge was formulated.
(7) As a consequence of the doctrine of the CC contained in a sentence dictated on a similar matter and that provides an response that is applicable to the situation of controversy.
(8) Action begun by the State Government against the Generalitat's regulations and acts.
(9) Appeals proposed by the Defender of the People or by more than 50 members of parliament or 50 senators of the General Courts.
(10) Counted by the year of their admission for procedure by the CC.

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