Onder 4.11. Parket bij de Hoge Raad 8 november 2016

The Commission considers that because of the principle according to which the Spanish Constitution overrides every ordinary law, and because of the role of the Constitutional Court, which is to act as the supreme interpreter of the Constitution (Article 1 of Institutional Act No 2/1979), there is no possibility that the impugned provision could form the basis in law, as the applicants allege, for infringements of lawyers’ rights to freedom of association. It notes in this connection that at no time have the applicants alleged that disciplinary sanctions have been imposed on them for forming or joining a professional association Moreover, there is nothing in the application as submitted by the applicants to support their contention that the provision at issue actually infringes or might in future infringe their right to set up professional associations or trade unions or to join those which already exist. That being the case, it follows that in this respect the application is also manifestly ill-founded and must be rejected pursuant to Article 27 para. 2 of the Convention.”

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