Constitutional Tribunal
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Constitutional Tribunal
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First Chamber. Decision 44/2009, 12 February 2009
First Chamber. Decision 43/2009, 12 February 2009
Fourth Section. Decision 38/2009, 9 February 2009
Fourth Section. Decision 37/2009, 9 February 2009
Second Chamber. Decision 31/2009, 29 January 2009
Plenary session. Decision 13/2009, 19 January 2009
First Chamber. Decision 176/2008, 22 December 2008.
First Chamber. Decision 44/2009, 12 February 2009
Appeal for protection 1267-2009. Launched by the electoral groups Demokrazia 3 Milioi D3M of Alava, Vizcaya and Guipuzcoa against the decision of the Special Chamber of art. 61 LOPJ of the High Court of Justice, who declared void the proclamation of their candidaturefor the elections to the Basque Parliament.
Alleged violation of the right to an impartial judge, of an effective judicial guardianship, to a procedure with guarantees, to evidence, to personal intimacy and to the access to representative positions: allegation of media harassment; omission to rejection; court-appointed evidence; proper judicial channel; peremptory electoral appeals; police reports and documental evidence; personal data; electoral groupings which are ongoing or come up as a result of the activities of an illegal political party (SSTC 85/2003 y 110/2007).
First Chamber. Decision 43/2009, 12 February 2009
Appeal on the grounds of unconstitutionality 1245-2009. Launched by the political party Askatasuna against the judicial decree of the Special Chamber of art. 61 LOPJ of the High Court of Justice. This was done in the separate execution element of a procedure for the outlaw of the herri Batasuna and other political parties.
Alleged violation of the right to an impartial judge, of an effective judicial guardianship, to a procedure with guarantees, to evidence, to personal intimacy and to the access to representative positions: allegation of media harassment; omission to rejection; court-appointed evidence; proper judicial channel; peremptory electoral appeals; police reports and documental evidence; personal data; electoral groupings which are ongoing or come up as a result of the activities of an illegal political party (SSTC 85/2003 y 110/2007).
Fourth Section. Decision 38/2009, 9 February 2009
Appeal on the grounds of unconstitutionality 10607-2006. Launched by the “Sindicat D’Estudiants de Catalunya” (Students Union of Calalunya) against the Decision of the Administrative Chamber of the High Court of Justice of Catalonia. The Court rejected the appeal of the Union against the “Dirección General de Seguridad Ciudadana de la Generalidad de Catalonia” aiming to reivindicate a quality public education.
Infringement of the right of association: prohibition to call a demonstration for an association during elections, even if it had no intention to gather votes during that period (STC 170/2008).
Fourth Section. Decision 37/2009, 9 February 2009
Appeal on the grounds of unconstitutionality 10483-2006. Launched by SOS Racism Catalunya against the Decision of the Administrative Chamber of the High Court of Justice of Catalonia, who rejected its appeal against the “Dirección General de Seguridad Ciudadana de la Generalidad de Catalonia” on ludic acts in favour of the right to vote of immigrants.
Infringement of the right of association: prohibition of a demonstration, called by an association during elections, which had no intention to gather any votes during that period (STC 170/2008).
Second Chamber. Decision 31/2009, 29 January 2009
Appeal on the grounds of unconstitutionality 8424-2008. Launched by Eusko Abertzale Ekintza/Acción Nacionalista Vasca (EAE/ANV) against a Decision of the Special Chamber of art. 61 LOPJ of the High Court of Justice. The party was declared illegal and was dissolved.
Alleged infringement of the right of association, of freedom of thinking and of expression: dissolution of a political party with legitimate goals, based on evidence of acts showing a link with terrorism (SSTC 48/2003 y 5/2004).
Plenary session. Decision 13/2009, 19 January 2009
Appeal on the grounds of unconstitutionality 4057-2005. Lodged by sixty two members of parliament of the “Partido Popular” group of the Congress, against the Law of the Basque Parliament 4/2005, of 18 February, for equality between women and men.
Alleged infringement of the rights to equality before the law, to the access of public service positions and to the principles of merit and capability, to the participation in public matters and of association to political parties; competence on basic equality: fair and balanced representation of women and men in the administrative organs; electoral competence in the electoral field (STC 154/1988); electoral candidatures by sex (STC 12/2008). Individual votes.
First Chamber. Decision 176/2008, 22 December 2008.
Appeal on the grounds of unconstitutionality 4595-2005. Launched by Mr. Alex P.V against the decisions of the Provincial Court and of a Court of First Instance of Lugo who modified the visit arrangements he had for his son (a minor) during a judgment of matrimonial separation.
Alleged infringement of the right not to be discriminated because of sexual orientation: temporal restrictions imposed to a transsexual father, justified not by his condition but by psychological evidence, revealing manifest risks for the minor son.