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Conflicts between constitutional bodies

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Conflicts between constitutional organs of the State oppose the government with the Congress of Deputies, the Senate or the General Council of the Judiciary or any of these constitutional organs among them.

When one of these constitutional bodies considers that other body issues decisions assuming powers that he had been conferred by the Constitution or the organic laws, it shall inform the invading organ within one month from it had known the decision that inflicts undue assumption of authority and it will ask to revoke it. If the body to which the request is addressed claims that acts within the exercise of its own powers or, within one month of receipt of the notification, not rectified in the required sense, the body that considers unduly assumed its powers may lodge conflict before the Constitutional Court, specifying the provisions that had been breached and forward the arguments he deems appropriate.

The Constitutional Court must give written transfer of the promoted conflict to the executing authority, as well as to other bodies entitled to promote this constitutional process so they can within a month period appear in the proceedings and make submissions.

The judgment which adjudicates on the conflict will determine which body is competente to exercise the controverted constitutional powers and declare the annullment of those acts issued by the invading body, solving as appropriate on legal situations produced.

© 2016 CONSTITUTIONAL COURT OF SPAIN