The Constitutional Tribunal comprises twelve members appointed by the King. Four of the twelve are proposed by the Chamber of Deputies with a three-fifths majority of its members; four by the Senate, with an identical majority; two by the Government and two by the General Council of the Judiciary (art. 159.1 of the Spanish Constitution [CE]).
The Tribunal’s Judges, elected by constitutional mandate from among lawyers of renowned ability, are independent and cannot be removed. The duration of their term is nine years without the possibility of immediate re-election unless the post has only been held for a term of not more than three years, and current legislation does not foresee any age limit for exercising the position. In order to ensure continuity of the Tribunal’s actions, one third of its members shall be appointed every three years (art. 159.3 CE).
The Plenary of the Tribunal elects a President from among its members by secret ballot; appointed by the King, the President’s mandate is for three years, with the possibility of being re-elected for one further term (art. 160 CE and art. 9 of the Fundamental Law on the Constitutional Tribunal [LOTC]). The same procedure is used to elect the Tribunal’s Vice-President (art. 9.4 LOTC), also for a three-year term.
The Plenary of the Constitutional Tribunal comprises all twelve Judges and is chaired by the President of the Tribunal. It hears all of the cases within the remit of the Constitutional Tribunal, although it only deals with appeals for constitutional protection by advocation, as these appeals correspond, in principle, to the Divisions.
The two Divisions of the Tribunal comprise six Judges each. The First is chaired by the President of the Tribunal, while the Vice-President chairs the Second. Each of the Divisions is in turn formed by two Sections comprising three Judges each. The Sections basically carry out activities in the early stages of the procedures brought before the Tribunal, deciding on whether or not the appeals may be admitted. The resolutions of the Plenary, Divisions and Sections require the presence of two thirds of their members.
The Tribunal has a General Secretariat, the head of which is also the Chief Counsel and exercises the position of Head of all the Counsels in the service of the Constitutional Tribunal.