The Tribunal Costitutional

Title VIII THE TRIBUNAL CONSTITUTIONAL

Article 95

1. The Tribunal Constitutional is the supreme interpreter of the Constitution, functions jurisdiction ally, and its decisions bind public authorities and individuals alike.

2. The Tribunal Constitutional decides on its own rules of procedure and carries out its functions subject only to the Constitution and the corresponding Llei Qualificada regulating it.

Article 96

1. The Tribunal Constitutional is composed of four Constitutional magistrates, appointed among persons of known juridical or institutional experience, one by each of the Copriceps and two by the Consell General. They may not hold office for more than two consecutive eight-year terms. The renewal of the Tribunal Constitutional will be partial. The system of incompatibility shall be regulated by the Llei Qualificada mentioned in the preceding article.

2. The Tribunal Constitutional is presided over by the Magistrate to whom the post corresponds, on the basis of a two-year rotation system.

Article 97

1. The Tribunal Constitutional takes its decisions by a majority vote. Its votes and its debates are secret. The chairman, always chosen by drawing lots, has the deciding vote in case of a tie.

2. The judgments which partially or wholly uphold the appeal have to determine the scope and extension of its consequences.

Article 98
  1. Appeals of unconstitutionality against laws, executive regulations and the Rules of Procedure of the Consell General.
  2. Requests of preliminary opinion of unconstitutionality about international laws and treaties.
  3. Processes of constitutional appeal. d. Conflicts of jurisdiction between constitutional organs. To this effect the Coprinceps, the Consell General, the Govern, the Consell Superior de la Justice and the Communism are considered as constitutional organs.

Article 99

1. Appeals of unconstitutionality against laws or statutory rules may be lodged by one fifth of the Consell General, the Cap de Govern and three Comuns. One fifth of the Consell General may lodge and appeal of unconstitutionality against the Rules of Procedure of the Chamber. The appeal shall be lodged within the thirty days following the publication of the rule.

2. The lodging of the appeal does not suspend the enforcement of the rule under appeal. The Court shall pass judgment within the maximum period of two months.

Article 100

1. If, in the course of litigation, a court has reasoned and founded doubts about the constitutionality of a law or a legislative decree, the application of which is relevant to its decision, it shall request in writing the decision of the Tribunal Constitutional about the validity of the rule affected.

2. The Tribunal Constitutional may not admit the transaction of the request without further appeal. If the request is admitted judgment shall be passed within the maximum period of two months.

Article 101

1. The Coprinceps, under the provisions of article 46.1.f), the Cap de Govern or a fifth of the Consell General, may request an opinion about the constitutionality of international treaties prior to their ratification. The proceedings with that intent shall take priority.

2. The judgment admitting the unconstitutionality of the treaty shall prevent its ratification. In all cases the conclusion of an international treaty including stipulations contrary to the Constitution shall require the previous revision of the latter.

Article 102
A constitutional appeal against the acts of public authorities impairing fundamental rights may be lodged by:
  1. Those having been part or accessory to the previous legal proceedings referred to in article 41.2 of this Constitution.
  2. There is non-enforceable provisions or acts of the Consell General.
  3. The Public Prosecution in case of violation of the fundamental right to jurisdiction.

Article 103

1. Conflicts between the constitutional organs shall arise when one of them alleges that another is illegitimately carrying out the tasks which are constitutionally under the jurisdiction of the first.

2. The Tribunal Constitutional may provisionally stay the enforcement of the rules or acts under appeal, and when appropriate, give orders for the acts which originated the conflict to be stopped.

3. The judgment shall determine and confer jurisdiction to one of the disputing parties.

4. The lodging of a conflict of jurisdiction prevents the matter from coming before the Administration of Justice.

5. The law shall regulate the cases in which a conflict of jurisdiction may arise on grounds of the non-exercise by constitutional organs of the jurisdiction to which they are entitled.

Article 104
A Llei Qualificada shall regulate the legal status of the members of the Tribunal constitutional, the constitutional proceedings and the functioning of the institution.