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Constitutional conflictiveness. Constitutional court Catalonia. 2022
2022 1981-2022 (1)
GENERALITAT-STATE (2)
End procedure 33.2 LOTC (3) 2 25
Uncontinued summons (4) 0 202
Cases proposed to CC 0 390
Cases admitted by CC 0 387
Appeals 0 108
Conflicts 0 279
Finalised cases 0 392
By CC sentence 0 314
Appeals 0 108
Conflicts 0 206
Withdrawal (5) 0 58
Appeals 0 3
Conflicts 0 55
By settlement (6) 0 6
Conflicts 0 6
By disappearance of object (7) 0 14
Appeals 0 1
Conflicts 0 13
Issues pending at the end of 2022 0 .. Confidential data, low reliability or not available
End procedure 33.2 LOTC (3) 0 .. Confidential data, low reliability or not available
Appeals 0 .. Confidential data, low reliability or not available
Conflicts 0 .. Confidential data, low reliability or not available
STATE-GENERALITAT (8)
End procedure 33.2 LOTC (3) 4 49
Uncontinued summons (4) 0 40
Cases admitted by CC 1 181
Appeals 1 104
Conflicts 0 70
Challenges autonomic provisions section V LOTC 0 7
Finalised cases 6 181
By CC sentence 6 138
Appeals 6 95
Conflicts 0 37
Challenges autonomic provisions section V LOTC 0 6
Withdrawal (5) 0 35
Appeals 0 10
Conflicts 0 25
By settlement (6) 0 5
Conflicts 0 5
By disappearance of object (7) 0 4
Conflicts 0 3
Challenges autonomic provisions section V LOTC 0 1
Issues pending at the end of 2022 1 .. Confidential data, low reliability or not available
End procedure 33.2 LOTC (3) 0 .. Confidential data, low reliability or not available
Appeals 1 .. Confidential data, low reliability or not available
Conflicts 0 .. Confidential data, low reliability or not available
Challenges autonomic provisions section V LOTC 0 .. Confidential data, low reliability or not available
Unconstitutionality appeals by other state entities
Against Generalitat laws (9)
Proposed 4 35
Sentenced 2 26
Desist 0 1
Object disappeared 0 2
Pending at the end of 2022 6 0
Against State provisions involving the Catalan Government (10)
Proposed 0 2
Sentenced 0 2
Pending at the end of 2022 0 0
Conflicts of competence of Generalitat against other AC
Proposed 0 1
Sentenced 0 1
Desist 0 0
Pending at the end of 2022 0 0
Conflicts of local autonomy against Generalitat laws
Proposed 0 1
Sentenced 0 0
Extinct 0 1
Pending at the end of 2022 0 0
Unconstitutionality issues proposed by the courts
On Generalitat laws (11)
Proposed and admitted 1 65
Sentenced 1 57
Object disappeared 0 7
Pending at the end of 2022 1 .. Confidential data, low reliability or not available
Source: Presidential Department.
Notes:
(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.They have been counted as follows: for those ended, according to the date of submission of the final agreement to the Constitutional Court; for those pending, according to the year of the provision being challenged.
(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) Resources proposed by third parties legitimised against standards with the status of State laws in which the Catalan Government takes part and intervenes.
(11) Counted by the year of their admission for procedure by the CC.
(..) Confidential data, low reliability or not available.

Last update: October 11, 2023.

Methodological note

Definition of concepts

Constitutional conflict
Set of procedures initiated by an Administration against the dispositions or actions of another.
Failure to reach verdict
Act whereby the party that exercises a judicial action withdraws or expresses a wish not to continue any further with its pretensions.
Judicial appeal
Act expressed before the corresponding judicial instance and that manifests a disagreement with a resolution or sentence.
Requirement
Verbal or written instigation, by a public authority, for a person to execute or abstain from executing a certain act.
Sentence
Declaration of judgement and resolution by the judge.
The Spanish Constitutional Court
The Spanish Constitutional Court consists of twelve members, who act as Constitutional Court Judges.
The King of Spain appoints them by Royal Decree.
Following a proposal made by the upper and lower House, (four members designated by the Congress and four by the Senate), two by the Government and two by the General Council of the Judiciary.
Their appointment is for a period of nine years. All Spanish citizens who are Judges or State Prosecutors, University Professors, Civil Servants or Lawyers, with an acknowledged reputation in the field of law and more than fifteen years' professional experience may qualify for this office.

Methodological aspects

The Constitutional Court is the suprem interpreter of the Constitution. It is unique in its ordre and it has jurisdiction in all Spain, it executes the jurisdictions defined in article 161 of the Constitution. The Constitutional Court is independent with respect to the other constitucional units and it si submited only to the Constitution ant to its organic law.

The jurisdiction system that the Constitutional Court hast at the moment is:

  • Constitutionality check of legislative decrees, from the State or from de autonomous communities.
  • Action for infringement of rights and freedoms included in article 53.2 of the Constitution.
  • Constitutional conflicts between the State and one or more autonomous communities, or between one or more autonomous communities, or between constitutional units of the State.
  • Conflict to protect the local autonomy.
  • Prior constitutionality check of international agreements.
  • Cancellations to protect the jurisdiction of the Court.

Unavailable information is represented using the symbol ":". When the value is lower than that of the minimum unit to be able to estimate the statistical operation or if it effects statistical confidentiality, the symbol used is "..".

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