Vexata quaestio: on parliamentary delays in appointing members of constitutional bodies

Abstract

The recurrent and frequent delays in the Spanish parliament’s appointment of members of state institutions pose serious problems for Spain’s political system, especially with regard to judicial institutions, including the Constitutional Court, the Court of Accounts or the General Council of the Judiciary. Such delays not only impair the work of those institutions, but also pose serious threats to the independence and impartiality of the judiciary. In the present article, after a brief description of the extent of those delays, an analysis of already proposed reforms is provided, such as refusing to extend the mandates of the elected members, having extra-parliamentary entities propose new candidates, or changing the way in which members’ mandates are calculated. After examining several instances of delays, several reforms of the parliamentary designation procedure are proposed, including establishing non-extendible terms when presenting candidates to be elected by the chambers of parliament.