The Court of Auditors as guarantee of the Democratic State, the Social State and the Rule of Law

Abstract

Although the Court of Auditors is an institution which is vital for our Democratic and Social State governed by the rule of Law, a better comprehension of the body from the Constitutional Law perspective is still required. Firstly, this paper analyses the role of the Court of Auditors as a guarantee of the democratic principle. On this issue, it will be advisable to set up a more direct contact with citizens and a more fluid relationship with Parliament. Secondly, this article studies the fundamental activity of the Court of Auditors as a guarantee of the rule of law principle, not only when the institution performs its audit function, but also its judicial function. In spite of the critiques which the last one has received, it is fundamental for completing the cycle of audit. Thirdly, the paper underlines the relevance of the Court of Auditors as a guarantee of the Social Estate, especially when the principle of budgetary balance imposes more efficiency and economy on public spending. Finally, the reforms proposed by the Tribunal de Contas Portuguese and the European Court of Auditors in their peer review of 2015 are analysed. Many of these suggestions can be implemented by changing the Laws which rule on the Spanish Court of Auditors. However, other proposal may make convenient a reform of Art. 136 of our Constitution.