142. The Committee considered
the third
periodic
(CCPR/C/58/Add.l
and 3) at its 1018th to 1021st
and 30 October 1990 (see CCPR/C/SR.lOlS-1021).
report
of Spain
meetings,
held on 29
The report
was introduced
by the representative
of the State party,
who
recalled
that the Spanish Constitution
guaranteed
the full exercise
of human
right6
and noted that substantial
progress
had been made in that respect
through reform6
in the administration
of justice.
The courts, especially
the
Constitutional
Court, had handed down numerous decisions based on the
provisions of the Covenant.
143.
frm
.
.
the COVERT& is iJluL-
144. With regard to that issue , member6
of the Committee asked whether a
provision
of the Covenant could be directly
invoked before the courts; whether
any court decisions or rulings had been directly
based on provisions
of the
Covenant: whether the authorities
of the Autonomous Communities, including
the
legielative
authorities,
had been made aware of the provisions
of the
Covenant: and whether such provisions had been reflected
in their statutes.
They asked al60 whether the civil
and political
rights enumerated in title
Zr
section 1 of the Constitution
were automatically
applicabbls within the
Autonomous Communities or had to be enacted separately.
145. In addition,
member6
of the Committee wished to know whether, in case of
a conflict
between a law and the Covenant, the courts would apply the Covenant
over and above the law, and in that case, whether the law in question would be
repealed: whether it was possible for a law enacted subsequent to the Covenant
but which ran counter to its provisions to be declared unconstitutional8
whether there had been any proceeding6 before the ordinary courts
which had
been taken on appeal to the Constitutional
Court
by an individual:
whether all
of the rights enshrined in the Covenant were provided for in the Constitution
and relevant
legislationr
and what was the position of the Covenant in the
hierarchy of norms. They also wished to know why the grounds on which
discrimination
was prohibited
under article
53 (2) of the Constitution
differed
from
those
mentioned in the Covenant} what were the reasons for
establishing
exception6 to the right of aliens to enjoy civil
and political
rights* whether the remedy of nmpar9 might be used in trio event of violation
of rights guaranteed under the Covenant , and whether that remedy and the
remedy of meas co.rpu6 remained under a state of emergency or siege.
Members
of the Committee also wishea to receive further
information
on the powers of
the
courts
and parliament6 of the Autonomous
Communities; on how the
Constitutional
Court had resolved conflicts
between those courts and the
courts of the State; on the precise competence of the Constitutional
Court
with regard to individual
cases and decision6 renderer. by a lower courti on
the competence of the Parliamentary
Committee) on the number of complaints
concerning rights specifically
covered by the Covenant dealt with by the
People’s Advocate) and on the agreements and sharing of competence between the
People’s Advocate and his opposite numbers in the various Autonomous:
Communities under Act No. 3611985.
-35-
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