Abstract

MOREY, Jaime Suau. THE CONSTITUTIONALITY OF THE TREATIES. Revista Internacional CONSINTER de Direito [online]. 2022, n.14, pp.471-490.  Epub Sep 13, 2022. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00014.22.

When faced with the signing of International Treaties or Conventions, most of the compared legal systems have armonically set forth preventive control models for International Treaties. In Spain (under Article 95.2 of the Spanish Constitution) the Government and one or the other of both Chambers may request the Constitutional Court to make a DECLARATION relating to the existence or inexistence of contradiction between the Treaty and the Constitution. This DECLARATION a) is made following a procedure regulated by the Constitutional Court Organic Law, articles 78 and following and b) said DECLARATION in some cases can act as an advancement for a reform of the Constitution and in other cases to avoid the signing of the Treaty. Apart from this preliminary control we study the possible existence of a later control which will be exercised through unconstitutional procedures and therefore the scope of res judicata should be investigated.

Keywords : Treaties; DECLARATION; Judged Thing.

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