Territorial participation in the appointment of constitutional judges: the case of the Spanish constitutional court

Tirapu Sanuy, Josep Maria

Territorial participation in the appointment of constitutional judges: the case of the Spanish constitutional court

Citation

Tirapu Sanuy, J. Territorial participation in the appointment of constitutional judges: the case of the Spanish constitutional court. 2021. handle: http://hdl.handle.net/10230/48419

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Abstract

In federal and politically decentralized systems, one of the main functions of Constitutional Courts is to solve conflicts of competence between the federated States and the central State. In this thesis, I defend that the legitimacy of Constitutional Courts will be strengthened to the extent that their composition reflects this territorial dimension. Because of that, mechanisms of territorial participation, that is, participation of the federated States, in the appointment of constitutional judges should be instituted. This participation may be direct, by the direct appointment of judges by the States, or indirect, by the appointment of judges through an Upper Chamber of territorial representation. The Spanish Constitution has opted for a system of indirect participation through the Senate. However, because of the inability of the Spanish Senate to act as an actual Chamber of territorial representation, the Comunidades Autónomas do not participate in practice in the appointment process of judges. The reform of the LOTC in 2007, aimed at tackling this issue, has not really represented an improvement.