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Constitutional conflictiveness. 2018 Constitutional court
2018 1981-2018 (1)
GENERALITAT-STATE (2)
End procedure 33.2 LOTC (3) 1 19
Uncontinued summons (4) 1 202
Cases proposed to CC 0 387
Cases admitted by CC 0 383
Appeals 0 106
Conflicts 0 277
Finalised cases 12 386
By CC sentence 12 308
appeals 6 106
conflicts 6 202
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
Issues pending at the end of 2018 3 -
Appeals 1 -
Conflicts 2 -
STATE-GENERALITAT (8)
End procedure 33.2 LOTC (3) 0 30
Uncontinued summons (4) 0 40
Cases admitted by CC 1 174
Appeals 1 98
Conflicts 0 69
Challenges autonomic provisions section V LOTC 0 7
Finalised cases 8 164
By CC sentence 6 120
appeals 6 78
conflicts 0 36
challenges autonomic provisions section V LOTC 0 6
Withdrawal (5) 1 35
appeals 1 10
conflicts 0 25
By settlement (6)
conflicts 0 5
By disappearance of object (7)
conflicts 0 3
challenges autonomic provisions section V LOTC 1 1
Issues pending at the end of 2018 12 -
appeals 12 -
conflicts 0 -
Challenges autonomic provisions section V LOTC 0 -
Unconstitutionality appeals by other state entities
Against Generalitat laws (9)
proposed 0 25
sentenced 2 21
desist 0 1
object disappeared 0 2
pending at the end of 2018 1 -
Against State provisions involving the Catalan Government (10)
proposed 2 2
sentenced 0 0
pending at the end of 2018 2 -
Conflicts of competence of Generalitat against other AC
Proposed 0 1
Sentenced 0 1
Desist 0 0
Pending at the end of 2018 0 -
Conflicts of local autonomy against Generalitat laws
Proposed 0 1
Sentenced 0 0
Extinct 0 1
Pending at the end of 2018 0 -
Unconstitutionality issues proposed by the courts
On Generalitat laws (11)
proposed and admitted 1 60
sentenced 2 53
object disappeared 0 7
pending at the end of 2018 0 -
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) 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.
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