Decision of the Constitutional Tribunal 105/2000, of
Response to the appeal for unconstitutionality (431/95) brought by Members
of Congress with respect to articles 8 (sections 3 and 5) and 10 (section 4)
and 16 and 25 of the 16/1994 Basic Law, 8th November.
The Deputies responsible for the appeal consider that the wording of the
1994 Basic Law makes possible, as long as both procedural parts agree to use
the official language of the Autonomous Community, the Judge's obligation to
know this language or else to make use at his/her own expense of a translation
service, as long as the law does not contemplate the ex-officio possibility for
the judge himself to order its translation, as it could be done in the
preceding wording of the provision. According to the appelants,
the challenged provision compels the Judges and Magistrates to know the
official languages of the Autonomous Communities if they want to occupy any
post of the judicial bodies sited in them, which infringes, on the one hand,
article 3 of the Spanish Constitution by converting into an obligation what is
merely a right; and, on the other hand, article 117.1 of the Constitution,
since it goes against the judicial independence by favouring
the Judiciary process for becoming autonomous, being it a state power; and,
finally, article 149.1.5 of the Constitution, since it restricts the State's
exclusive competence on Justice Administration.
The Tribunal's ruling rejects the appeal for unconstituonality.
It nonetheless sets out that, in linguistic matters,
a) Article 8.3 of the Basic Law 16/1994 is not unconstitutional following its
interpretation as "if the holder of the jurisdictional body does not
understand a written document in a co-official language other than Spanish in
the Autonomous Community in which the body is sited, its holder not only has
the faculty to order its translation, but he/she must also be obliged to do it
in order to fulfil its own function. Being this
enforced by the direct effectiveness of the fundamantal
rights, established in the Constitution, there is no
need for any law to explicitly authorize this.
b) The other appealed articles are neither unconstitutional since they do not
affect the Judiciary independence, nor they allow the Autonomies to exceed
their powers in Justice Administration related matters.