CCSE questions on Oversight bodies and the courts

✓ El Tribunal Constitucional

The Tribunal Constitucional (the Constitutional Court) is the highest interpreter of the Constitution. It decides whether or not a law respects the Constitution and protects fundamental rights when a person appeals. It is not part of the ordinary judicial power, and that is why it is not confused with the Tribunal Supremo (the Supreme Court), which is the highest court in all other matters. Trick: the name says it, "constitucional" equals the Constitution. Its rulings cannot be appealed before any other Spanish court.

✓ Al Defensor del Pueblo

The Defensor del Pueblo (the ombudsman) is the high commissioner of the Cortes Generales (the Spanish parliament) for protecting the rights of citizens. It deals with complaints about the poor working of the public administrations, and any person can use it, Spanish or foreign, free of charge. It is not a judge and does not decide, but it investigates and recommends changes. For consumer complaints, such as about a purchase, the consumer office is a different service.

✓ De las Cortes Generales

The Tribunal de Cuentas (the Court of Audit) depends on the Cortes Generales (the Spanish parliament). It is the body that controls the accounts and the economic management of the State and of the public sector. Although it is called a court, it is not part of the judicial power. It is not under the Ministerio de Hacienda (the Ministry of Finance), because it would be less independent: it controls the Government, and that is why it depends on Parliament. Remember: Defensor del Pueblo and Tribunal de Cuentas both depend on the Cortes.