Relations between the Cortes Generales and the Judiciary: Diagnosis on the 40th Anniverary of the Constitution

Abstract

The Spanish Constitution of 1978 inexorably lies on the principle of separation of powers, given that the social and democratic state of the rule of law cannot be conceived or understood without it. However, our fundamental law is not explicit about the relations between the «Cortes Generales» (Parliament), which embodies the legislative power, and the Judiciary, sabe for three concrete points: (i) the election of chairs of the General Council of the Judiciary, (ii) the fact that the opinions produced by the Committees of Inquiry are not binding for the courts of justice, and (iii) the parliamentary approval required for the charge or prosecution of deputies and senators. Besides this, new interrelationship channels have been opened between both powers, which are, at the very least, debatable, such as the appearance of the President of the General Council of the Judiciary and the Supreme Court before the Justice Committees of both legislative Chambers to present the Summary Report of the Council. With this new measure, it has been attempted to wrongfully establish the possibility of demanding some sort of political responsibility from this body and its members.