Page:Spanish Constitution of 1978 English translation.pdf/74

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2. Members of the Constitutional Court shall be appointed among magistrates and prosecutors, university professors, public officials and lawyers, all of whom must have a recognised standing with at least fifteen years' practice in their profession.

Term of officeTrans. Prov. 9 C3. Members of the Constitutional Court shall be appointed for a period of nine years and shall be renewed by thirds every three years.

Membership disqualifies for the holding of other office or function4. Membership of the Constitutional Court is incompatible with any position of a representative nature, any political or administrative office, a management position in a political party or a trade union as well as any employment in their service, active service as a judge or prosecutor and any professional or business activity whatsoever.

70 a), 127 CIncompatibilities for members of the Judicial Power shall also apply to members of the Constitutional Court.

Fixity of tenure165 C5. Members of the Constitutional Court shall be independent and enjoy fixity of tenure during their term of office.


Section 160

Chairman of the Constitutional Court159, 165 CThe President of the Constitutional Court shall be appointed by the King among its members, on the proposal of the full Court itself, for a term of three years.


Section 161

Jurisdiction1. The Constitutional Court has jurisdiction over the whole Spanish territory and is entitled to hear:

153 a), 164 Ca) against the alleged unconstitutionality of acts and statutes having the force of an act. A declaration of unconstitutionality of a legal provision having the force of an act and that has already been applied by the Courts, shall also affect the case-law doctrine built up by the latter, but the decisions handed down shall not lose their status of res judicata.

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