Enforcement of Constitutional Court decisions: a shift in the Constitutional Justice paradigm?

Abstract

Abstract:
The Spanish Constitutional Court Organization Act reform of 2015 has had significant legal and political repercussions. From a legal perspective, the reform has called into question both our constitutional justice model and the Court’s role in relation to other State powers. From a political point of view, the unwisely rush in adopting said reform at the end of the parliamentary term, was solely intended to resolve the Catalan sovereignty issue, thus placing political decisions at the hands of a Constitutional Court that should not be deciding on such matters. As pointed out by the Venice Commission itself, in its report of March 2017, and despite the reform´s constitutionality, attributing such enforcement powers to the Constitutional Court is not recommended.