The Rise of Constitutional Complaints: Lessons from Taiwan, Spain, and Germany
The debate surrounding constitutional complaints – allowing challenges to court rulings at the constitutional court level – is intensifying globally. Recent developments in South Korea, coupled with experiences in countries already employing such systems, are sparking heated discussion about potential benefits and drawbacks. A key concern is the potential for overburdening constitutional courts and delaying justice, a scenario already observed in some nations.
Taiwan’s Experience: A Sixfold Increase in Cases
In 2022, Taiwan implemented a system of constitutional complaints, and the impact was immediate. According to data released by Taiwan’s, Germany’s, and Spain’s constitutional courts, the number of cases filed with Taiwan’s constitutional court surged nearly sixfold in the first year, rising from 747 to 4,371. Ninety-seven percent of these new cases were constitutional complaints. While numbers decreased in 2023 (1,359 cases) and 2024 (1,137 cases), they rose again in 2024 to 2,042.
Despite the influx, the rate of successful challenges remains low. As of last year, only 27 out of 8,533 constitutional complaint cases filed in Taiwan resulted in a finding of unconstitutionality (0.3%). Of those, 18 concerned the laws applied in the original case, while a mere 9 (0.1%) found fault with the original ruling itself.
European Models: Low Success Rates and Potential Delays
Similar patterns are evident in Spain and Germany. In 2024, Germany’s constitutional court received 4,012 constitutional complaints, with only 33 (0.8%) deemed unconstitutional. Spain saw a similarly low success rate, with just 65 out of 9,344 complaints (0.7%) being upheld in 2024.
The potential for significant delays is a major worry. One legal expert, a former constitutional court researcher, noted that Spain’s constitutional court is already struggling with a heavy caseload, with some cases taking as long as 13 years to resolve. This raises concerns that a similar surge in cases could overwhelm constitutional courts in other nations.
Concerns About Overburdening Courts and Potential for Abuse
Legal professionals fear that a high rate of appeals through constitutional complaints could significantly delay the judicial process. One potential abuse scenario involves tenants facing eviction using the system to postpone their removal by filing a constitutional complaint and requesting a temporary injunction. The impact could be particularly pronounced in cases with broad economic or social implications, such as wage disputes.
The constitutional court itself acknowledges the potential for increased workload but maintains that focusing on cases with significant constitutional implications can mitigate delays. They suggest a model similar to the U.S. Supreme Court, selectively hearing only a limited number of cases each year.
Constitutional Framework and the Role of the Supreme Court
A fundamental question revolves around the relationship between the constitutional court and the supreme court. Some argue that allowing the constitutional court to review supreme court rulings undermines the established constitutional framework, which designates the supreme court as the highest court of law. However, the constitutional court counters that the introduction of constitutional complaints does not elevate its position above the supreme court.
FAQ
Q: What is a constitutional complaint?
A: A constitutional complaint is a legal challenge to a court ruling, arguing that it violates constitutional rights.
Q: What has been Taiwan’s experience with constitutional complaints?
A: Taiwan saw a sixfold increase in cases filed with its constitutional court after introducing the system in 2022.
Q: What are the success rates of constitutional complaints in Spain and Germany?
A: Success rates are low, with less than 1% of complaints being upheld in both countries.
Q: What are the concerns about introducing constitutional complaints?
A: Concerns include overburdening constitutional courts, delaying justice, and potential for abuse.
