Page:Spanish Constitution of 1978 English translation.pdf/75

This page has been proofread, but needs to be validated.

53.2 Cb) Individual appeals for protection (recursos de amparo) against violation of the rights and freedoms contained in section 53(2) of the Constitution, in the circumstances and manner to be laid down by law.

153 a), 161.2 Cc) Conflicts of jurisdiction between the State and the Self-governing Communities or between the Self-governing Communities themselves.

Appeal by Government against Self-governing Communities81, 95, 163 C 157 SOd) Other matters assigned to it by the Constitution or by organic acts.

153 a), 161.1 c) C2. The Government may appeal to the Constitutional Court against provisions and resolutions adopted by the bodies of the Self-governing Communities, which shall bring about the suspension of the contested provisions or resolutions, but the Court must either ratify or lift the suspension, as the case may be, within a period of not more than five months.


Section 162

161.1.a) C1. The following are entitled to:

Authorities entitled to appeala) Lodge an appeal of unconstitutionality: the President of the Government, the Defender of the People, fifty Members of Congress, fifty Senators, the Executive body of a Self-governing Community and, where applicable, its Assembly.

161.b) Cb) Lodge an individual appeal for protection (recurso de amparo): any individual or body corporate with a legitimate interest, as well as the Defender of the People and the Public Prosecutor's Office.

161, 165 C2. In all other cases, the organic act shall determine which persons and bodies shall have right of appeal to the Court.


Section 163

Consultation by ordinary courts on a question of constitutionality161, 165 CIf a judicial body considers, when hearing a case, that a regulation having the force of an act which is applicable thereto and upon the
79