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 .36-

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