Article 81 – Powers of the Chamber of Constitutional Guarantees

1. The Chamber is responsible for resolving appeals of unconstitutionality and writs of protection.

2. The Chamber’s rulings are final, notwithstanding the resources that international law provides before the European Court of Human Rights and the European Union Court.

3. Judgments shall be published in the State’s Official Gazette and no ordinary or extraordinary appeal shall be lodged against them.

4. An appeal may be filed by any citizen or legal person who invokes a fundamental right in the defence of a legitimate interest.

Article 80 – The Chamber of Constitutional Guarantees

1. The Chamber shall consist of five judges with sole jurisdiction over last resort disputes relating to fundamental rights.

2. The Chamber’s composition shall be regulated by a specific law in accordance with the following criteria: one of the members shall be elected by universal suffrage, one by the whole Judicial and Fiscal careers, one by a Parliament majority of 3/5 of the MPs, one by the Bar Associations Council of Catalonia and one by Local Ombudsmen.

Article 79 – The Supreme Court

1. The Court has jurisdiction over the entire territory of Catalonia, is the highest judicial body in all areas, and will be composed of five Chambers with exclusive separate jurisdiction: criminal Law, Civil Law, Social Law, Contentious-Administrative Law and Constitutional Law.

2. Each of the Supreme Court chambers consists of five members elected by the General Council of the Judiciary. Candidates must be judges or prestigious jurists.

3. The Supreme Court’s role shall consist in unifying doctrine and developing jurisprudence.

Article 78 – Catalonia’s General Council of the Judiciary

1. The General Council is the governing body of judges, magistrates and prosecutors and will consist of ten members and a Chairperson.

2. The organic statute and the incompatibility of its members as well as their functions will be determined by the relevant law.

3. Appointment, inspection, promotion and the disciplinary system will be governed by strict criteria of ability, merit and seniority.

4. The annual budget shall be approved by Parliament, and shall remain subject to transparency and efficiency criteria.

5. A complete renovation will take place every five years.

Article 77 – State Financial Liability

1. The State is liable for damages incurred in judicial errors and/or irregularities in the administration of justice.

2. The State will provide specific budgetary funds to the Supreme Court of the Republic on a yearly basis in order to compensate victims of violent crime, if the culprit has been declared insolvent, without prejudice to the right of recourse in case the situation of the latter should improve.

Article 76 – Funding of justice

1. Court fees will be determined according to the economic capacity of the litigant.

2. The State shall ensure that the necesssary financial, human and technological resources for justice to be administered, are guaranteed under the principle of sufficiency and optimization.

Article 75 – Cooperation from the Executive

1. Sentences and other final resolutions of judges and courts are binding. In case of intentional failure on the part of the person or legal entity, they will be implemented by way of forced constraint.

2. Justice is free for all those individuals without adequate financial resources, in accordance with the parameters established by law.

Article 74 – Judicial proceedings

1. The proceedings will be public, unless in exceptional cases previously provided for by law in order to guarantee victims’ indemnity.

2. All matters will be preferably submitted orally, notwithstanding computerization of proceedings.

3. Sentences and interlocutory procedures will be public and reasons must be stated in accordance with constitutional principles. They must be in writing and notice be given to all parties who have taken part in the proceedings.

Article 73 – Incompatibilities

1. Members of the judiciary cannot belong to political parties or unions, except for relevant professional associations.

2. The law shall determine the regime of incompatibilities taxed affecting members of the judiciary during their mandate. Under no circumstances their right to freedom of expression, opinion and intellectual creation may be forbidden.

Article 72 – The Judiciary

1. Judges shall hold office by means of public tender in the form established by law.

2. They cannot be suspended, transferred or removed from the exercise of their personal jurisdiction unless this is due to a cause expressly set out in the relevant Organic Law.