146. With regard to the backlog
of cases, member6 of the Committee wished to
know whether
the efforts
being made to overcome the backlog were producing
results;
what was the average length of time taken for civilian
and criminal
cases to come to court:
whether
the courts
had experienced
any difficulties
in
the accelerated
training
of judges and the establishment
of court6
during the
period
under reviawr
how long proceedings
took if judicial
means had to be
exhausted
before an application
for am~ar~ could be made; whether
there was a
code of ethics
for public officials;
and whether
only naturalieed
citizens
could be deprived
of their
nationality.
3.41. In reply,
the representative
stated
that the provisions
of the Coveaent
had been incorporated
into domestic
law and that they could therefore
be
directly
invoked before the courts,
Abundant case law invoking
international
human rights
instruments
had been developed by both the ordinary
courts
and
the Constitutional
Court.
The Covenant had been elevated
to the rank of
constitutional
law, although
it did not take precedence
over the
Constitution.
The interpretation
provision
ou article
10 (2) of the
COnStitUtiOU
provided
that if there was any discrepancy
between a particular
rule of law and the corresponding
provision
in the Covenant,
the
interpretation
must be in conformity
with the Covenant,
If a law adopted
after
Spain's
accession
to the Covenant was found to infringe
its provisions,
the Constitutional
Court might be asked to decide whether
the norm was
unconstitutional
in itself,
without
reference
to a particular
case, or whether
it wee unlawful
prior
to its application
in a particular
case.
With regard to
the apparent
discrepancy
between article
14 of the Constitution
and
article
2 (1) of the Covenant,
he explained
that the ground6 of colour
and
national
origin
could be considered
as covered under the ground of race1 the
Spirit
of the law was that there was absolute
prohibition
of discrimination
on
any ground.
The holding
of public
office
was, however,
reserved
for Spanish
natiOnd6r
although
aliens
were entitled
to vote in municipal elections,
in
accordance with the principle
of reciprocity.
Under the Constitution,
the
right6 enshrined in the Covenant were binding on all public authorities.
'The
statutes of the Autonomou6 COmmUnitie6 recognieed the fundamental right6
enshrined in the Covenant and expressly established the specific
duties
incumbent on the public authorities
of those Communities to ensure respect for
the Covenant's provisions.
Article
53 (1) of the Constitution
provided that
the Covenant should be directly
applicable
in the Autonomous Communities.
148. In reply to gueetions on the remedy of m,
the representative
said
that s
could be applied for in respect of a violation
of fundamental
right6 and freedom6 and that it continued to be available
during states of
emergency . The remedy of amgarp could not be employed in cases of private
property and inheritance
rights,
but it was directly
applicable
to the right6
provided for in article
14 of the Constitution
concerning equality
before the
law. m
wa6 one of the remedies available
to contest laws on the ground6
of unconstitutionality.
Laws could also be challenged on the ground6 of
unconstitutionality,
a6 provided for in the Constitutional
Court Organfzation
The Constitutional
Court had the power to reverse decisions of lower
Act.
Parliamentary
committee6 were purely investigative
bodies which
courts.
considered complaints and transmitted
their finding6 to the appropriate
The State had exclusive
jurisdiction
in areas such a6 nationality,
authority.
immigration,
defence, international
relations
and the administration
of
while the Autonomous Communities had complete or partial
jurisdiction
justice,
in certain other areas.
In resolving conflict6
between the laws of the State
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