(OPPOSITION AGENDA) Summary of Spanish Constitution

TOPIC - Page of JAVIER ROMERO MUNUERA CIVIL GUARD
TOPIC 1. THE SPANISH CONSTITUTION OF 1978, GENERAL CHARACTERISTICS AND

INSPIRING PRINCIPLES, STRUCTURE. PRELIMINARY TITLE.
1. THE SPANISH CONSTITUTION OF 1978.

FUE:
 APPROVED: by the CORTES in plenary sessions of the CONGRESS of Deputies and the
SENATE held on October 31, 1978.
 RATIFIED: by the SPANISH PEOPLE in a referendum on December 6, 1978.
 PROMULGATED: by H.M. the King before the Cortes on December 27, 1978.
 PUBLISHED: in the B.O.E., coming into force on the same day, in accordance with the provisions
of the Final Provision of December 29, 1978.
Its articles were discussed and approved with the support of the political parties represented in
Parliament by consensus (broad majority) or basic agreement of the political forces on fundamental issues.
Once a common text was agreed upon, it was submitted for approval by the respective plenary sessions
of the Congress and the Senate on October 31, 1978, resulting in:
VOTING CONGRESS SENATE

YES 226 325
NO 5 6
ABSTENTIONS 8 14
In the referendum of the People on December 6, 1978:
YES 87,87 %
NO 07,83 %
BLANK 03,55 %
NULOS 0,75 %
ABSTENTIONS 32,89 %
COMMON NOTES WITH OTHER CONSTITUTIONS:
- Written document (except for exceptions such as English).

- It is situated at the apex of the legal system.
- It contains the systems for its reform, since no other can modify it.
- Two main parts: a dogmatic one, which establishes the rights and duties of citizens, and an organic
one, which refers to the powers and institutions of the State, and its organization.
GENERAL CHARACTERISTICS:
- CONSENSUSED: by reaching an agreement between the political parties.

- It is developed under the principle of consolidating a STATE OF LAW.
- REFRENDADA, ratified by the Spanish people by referendum.
- MONARCHIC, since it establishes Parliamentary Monarchy as its political form.
- AUTONOMIST, recognizes the right to autonomy of the different nationalities and regions, under
the principle of solidarity.
- LIBERAL AND SOCIAL, recognizing the freedom of enterprise within the framework of a
market economy, the right to private property and inheritance, which must fulfill a social function.
INSPIRING PRINCIPLES. (These are set forth in the preamble)
1
"The Spanish nation, desiring to establish justice, liberty and security and to promote the good
of all its members, in use of its sovereignty, proclaims its will to:
- To guarantee democratic coexistence and a just economic and social order.
- Consolidate the rule of law.
- Protect all Spaniards and peoples of Spain.
- To promote the progress of culture and the economy.
- Establish an advanced democratic society.
- To collaborate in the strengthening of peaceful relations and effective cooperation among all the
peoples of the Earth.
STRUCTURE CONTENTS LOCATION

PREAMBLE MOTIVES AND OBJECTIVES PREAMBLE
DOGMATIC PART 169 articles GENERAL PRINCIPLES PRELIMINARY TITLE, TITLE I,
RIGHTS AND DUTIES OF CITIZENS CHAPTER III, TITLE VII, TITLE I,
(between the CHAPTERS I AND II
two)
ORGANIC PART 169 articles HEAD OF STATE, GENERAL TITLE II, TITLE III, TITLE IV, TITLE
COURTS, ETC, ETC. V, TITLE VI, TITLE VIII, TITLE IX
REFORM PROCEDURE TITLE X
4 ADDITIONAL PROVISIONS.
9 TRANSITIONAL PROVISIONS.
1 DEROGATORY PROVISION
1 FINAL PROVISION
Within the organic part there are three powers:

- Legislative branch: Congress of Deputies and the Senate.
- Executive branch: Government.
- Judicial Branch: Justice, Judges and Magistrates.
The articles are divided into 10 titles plus the preliminary title:
- Title I. Fundamental rights and duties.

- Title II. From the Crown.
- Title III. Of the Cortes Generales.
- Title IV. Government and Administration.
- Title V. Relations between the Government and the Administration.
- Title VI. Judiciary.
- Title VII. Economy and Finance.
- Title VIII. The territorial organization of the State.
- Title IX. From the Constitutional Court.
- Title X. Constitutional reform.
THE PRELIMINARY TITLE (ARTS. 1 a 9)
The reform of the Preliminary Title requires the approval by a 2/3 majority of both chambers and
subsequent dissolution of the Cortes, the holding of elections, the ratification of the new Cortes Generales by
a 2/3 majority and the calling of a referendum.
2
- Classes of State and Superior values of the legal system. Spain is constituted as a social and democratic
state under the rule of law, which advocates freedom, justice, equality and political pluralism as the
highest values of its legal system.
- Holder of National Sovereignty. National sovereignty resides in the SPANISH PEOPLE, from whom the
powers of the State emanate.
- Form of State. The political form of the Spanish state is the Parliamentary Monarchy. Sovereignty lies
with the people who are the Constituent Power. The monarch arbitrates and moderates the regular
functioning of the institutions and exercises the functions attributed to him by the laws and the
constitution (art 1.2).
- Autonomous unitary state. Recognition and guarantee of the right to autonomy of Nationalities and
regions, respecting the indissoluble unity of Spain. (art. 2).
- Normative value of the Constitution and principle of legality. Subjection of citizens and public authorities
to the Constitution and the rest of the legal system. (art. 9.1).
- Freedom and equality. To make them real and effective is the task of the public authorities. (9.2)
- Constitutional Guarantee of General Principles. (principle of legality, hierarchy of norms, publicity of

norms ....) (art. 9.3)
- Official State Language. Spanish is the official language of Spain. Other languages also official in their
C.C.A.A.A. and according to the bylaws. (art. 3).
- Flag of Spain. Formed by three horizontal stripes: red, yellow and red. The central yellow one is twice as
wide as each of the red ones. Each C.A. has its own flag. The Spanish flag should be flown in preference
to any other. Preference: central placement, for occupying the right side or for its superior size. (art. 4.1.2)
- Capital of the State: Villa de Madrid. (art. 5)
- Political Parties: express political pluralism and popular manifestation. Its creation and the exercise of its
activity are free within the respect of the constitution and other laws. (art. 6).
- Unions and business associations. They contribute to the defense and promotion of the worker's interests.
Free creation and exercise as long as they respect the constitution and other laws. (art. 7)
- Armed Forces: to guarantee the sovereignty and independence of Spain and to defend its territorial
integrity and constitutional order (art. 8.1)
MOST FREQUENT ERRORS IN THE SUBJECT 1 TEST.
 Guaranteeing the sovereignty of Spain is the mission of the Armed Forces and not of all Spaniards.
 The political form of the Spanish State is the parliamentary monarchy where the monarch:
arbitrates and moderates the regular functioning of the institutions.
 The constituent power means that the National sovereignty resides in the Spanish people.
 Recognizing the state of the Autonomies is not a principle of the preamble of the Constitution.
3
TOPIC 2. FUNDAMENTAL RIGHTS AND DUTIES OF SPANIARDS. (TITLE I) (art. 10 a 55).
Scientific doctrine classifies rights or freedoms into three categories:
- Civil rights or liberties: right to life, physical integrity, self-image, inviolability of the home, secrecy of
correspondence and other means of communication (telephone, telegram, etc.), freedom of residence and
movement within the national territory, protection against illegal detention, etc.
- Economic or socioeconomic rights: the right to work, to a decent salary, social insurance, freedom of
choice of profession; private property and inheritance; freedom of contract; the right to education; the
right to found a family, protection of children, decent housing, etc.
- Political rights: right to vote, right to hold public office, right to petition. Also included are the rights to
strike, assembly, association, etc.; the latter rights are included by some treaties within the so-called
socio-economic rights.
Art. 10 - General declaration that is considered the foundation of political order and social peace,
affirming that the dignity of the person, the inviolable rights inherent to him, the free development of the
personality, respect for the law and the rights of others are the foundation of political order and social
peace.
The rules relating to the fundamental rights and freedoms recognized by the Constitution shall be
interpreted in accordance with the Universal Declaration of Human Rights and the international treaties
and agreements on the same matters ratified by Spain.
SPANISH AND FOREIGNERS (Chapter One) (11 to 13)
It declares that Spanish nationality is acquired, retained and lost as established by law and that no
Spaniard of origin may be deprived of it; it also deals with the possibility for the State to enter into
treaties of dual nationality with other countries and the rights of foreigners in Spain, including the right
to asylum, extradition and the right to vote in municipal elections, provided that this is established by
treaty or law.It also deals with the possibility for the State to enter into dual nationality treaties with
other countries and the rights of foreigners in Spain, including the right to asylum, extradition and the
right to vote in municipal elections, provided that it is established by treaty or law.
The age of majority is set at 18 years, according to art. 12.
RIGHTS AND FREEDOMS
Art. 14 has a special content, and an interpretative criterion for all other articles. Equality before the
law. All Spaniards are equal before the law and there can be no discrimination on the grounds of birth,
race, sex, religion, opinion or any other personal or social circumstance.
FUNDAMENTAL RIGHTS AND PUBLIC LIBERTIES. (15 to 29). They will be subject to special
protection by the constitution, since they can only be developed, respecting their essential content, by
means of organic laws (requiring the absolute majority of the congress) and their violation will be
protected by the Constitutional Court, with certain appeals of unconstitutionality (if it is the law of
development that violates them, or of amparo, if it is any public power or any other person. As well as a
preferential and summary procedure before the Courts of Justice:
1
 (15) Right to life. It is linked to the right to physical integrity of the person. Torture, inhuman
or degrading treatment or punishment are prohibited and the death penalty is abolished.
 (16) The right to ideological, religious and religious freedom of individuals and
communities. No one may be forced to declare his or her ideology, religion or belief. There will be
no official State religion, although the State will cooperate with the Catholic Church and other
denominations and will take into account the religious beliefs of Spanish society.
 (17) Right to liberty and security. Protection of the right to freedom and legal certainty.
Cases of deprivation of liberty are regulated. Governmental detention will last for a maximum of 72
hours, after which the detainee will be released or sent to the judge. He has the right to be informed
immediately and in an understandable manner of his rights and the reasons for his detention, in the
presence of his lawyer. It is regulated by L.O. 6/1984 the Habeas Habeas Habeas procedure for those
illegally detained to be immediately brought before a court.
 (18.1,.2.3) Right to honor, privacy and self-image. It guarantees the right to inviolability of
the home, secrecy of communications (postal, telephone, telegraphic and any other type), which may
only be intercepted by judicial resolution.
 (19) Right to freedom of residence and freedom of movement in Spanish territory and exit
and entry to and from Spain.
 (20) The right to free expression and dissemination of thought, ideas and opinions by word,
in writing or by any means; the right to literary, artistic, scientific and technical creation and
production; the right to academic freedom and the right to freely communicate or receive
information. The seizure of publications will only be made after a court order. There will be no prior
censorship.
 (21) Right of assembly and demonstration. (x L.O.) Peaceful and unarmed assembly does not
require prior authorization. If the meetings are held in places of transit or is a demonstration, it shall
be previously communicated to the authority, which may only prohibit it if there is danger to persons
or property and disturbance of public order.
 (22) Right of association. Associations shall be entered in a register for the purposes of
knowledge and publicity. Paramilitary, secret or criminal associations are prohibited. They may only
be dissolved by the Judges.
 (23) The right to participate in public affairs, directly, by being elected to representative
office or holding public office, and indirectly, by establishing the right of suffrage, or the right to
elect representatives freely in periodic elections by universal suffrage.
 (24) The right to effective access to the courts and to procedural guarantees, without in any
case the right to defenselessness. This carries with it the rights:
- To an ordinary judge determined by law.
- Defense and assistance of counsel.
- To be informed of the accusation.
- To a public process, with guarantees and without delays.
- To use all means of proof in their defense.
- Not to testify against himself, not to plead guilty and to the presumption of innocence. The
law shall establish when, due to kinship or professional secrecy, one shall not be obliged to
testify about allegedly criminal acts.
 (25) It develops the principle of non-retroactivity of punitive rules and the guiding principles
of custodial sentences: re-education and social reintegration of the offender, who will continue to
enjoy his fundamental rights, unless the sentence establishes otherwise, as well as the prohibition for
the civil administration to impose custodial sentences.
 (26) Courts of Honor are prohibited in the field of civil administration and professional
organizations.
 (27) Right to education and freedom of education. The powers have the right to give their
children the religious education that is in accordance with their beliefs. The freedom of educational
2
centers and the autonomy of universities are recognized. Basic education is compulsory and free of
charge.
 (28) The right to organize freely, which implies the freedom to form trade unions, the
freedom to join trade unions (no one may be forced to do so) and the right of trade unions to form
national confederations or join international ones. The law may limit or exempt the exercise of this
right to the Armed Forces and armed institutes, to the bodies subject to military discipline and the
peculiarities of the unionization of civil servants. The right to strike is recognized for workers to
defend their interests.
 (29) Right of petition, individual or collective, for all Spaniards, in writing. Members of
corps subject to military discipline may exercise this right only on an individual basis.
OF THE RIGHTS AND DUTIES OF THE CITIZENS (Section two Chapter II. (30 to 38)
Its violation only entails the appeal of unconstitutionality, but no longer the appeal of amparo or
the preferential and summary procedure before the Courts.
 (30) Right and Duty to defend Spain, establishes conscientious objection.

 (31) Duty to contribute to the support of public expenditure, according to their economic
capacity, through a fair tax system established in accordance with the law.
 (32) The right to marry, with full legal equality of men and women. The forms of marriage,
the rights and duties of the spouses and the causes for separation and dissolution shall be established
by law.
 (33) Right to private property and inheritance, which shall fulfill a social function. No one
may be deprived of his property and rights, except for justified reasons of public utility or general
interest, in accordance with the law and with the corresponding compensation.
 (34) Right of foundation for purposes of general interest which, like the right of association,
prohibits those with criminal purposes.
 The right and duty to work, the fundamental nucleus of social rights, contemplated in Article
35, which expands it as follows:
- Right to free choice of profession or trade.
- To promotion through work.
- To sufficient remuneration to meet family needs.
- Collective bargaining between employers and workers' representatives (37) declaring the
binding force of the agreements.
- To adopt collective conflict measures by workers and employers.
 (38) The right to freedom of enterprise, linked to the right to property in the framework of
the market economy, although planning of the economy is permitted.
OF THE GUIDING PRINCIPLES OF SOCIAL AND ECONOMIC POLICY. (39 A 52) (Chapter III)
These are no longer subjective rights of citizens, but principles that inform legislation, judicial
practice and the actions of the public authorities, conceived as a guarantee of other rights of an economic
and social nature. The consequence is that they cannot be enforced directly before the courts, but only
through the laws that develop them. These principles of action are as follows:
 (39) Economic, social and legal protection of the family, without distinction as to the filiation
of the children or the marital status of the mothers. Children and their rights will be protected.
 (40 and 42) Protection of social and economic progress, equitable income distribution and
full employment oriented policy. A policy of professional training and retraining, occupational
health and safety, rest, limitation of working hours and paid vacations will be promoted. The state
will watch over the rights of Spanish workers abroad.
3
 ((41 and 43) The public authorities shall maintain a public Social Security system. The right
to health protection is recognized.
 (44) Protection and protection of access to culture, to which everyone has a right, as well as
to research in the general interest.
 (45 and 46) Protection of the environment and the artistic, historical and cultural heritage of
the peoples of Spain.
 (47) Protection of the right to decent housing; the public authorities shall establish norms to
make this right effective, preventing land speculation.
 (48) Promotion of free and effective youth participation in political, socioeconomic, and
cultural development.
 (49 and 50) Protection for the handicapped and the elderly through periodically updated
pensions and a system of social assistance services.
 (51) Consumer protection. The public authorities shall guarantee the defense of consumers
and users, protecting, by means of effective procedures, their safety, health and legitimate economic
interests. They shall also promote the information and education of consumers and users, encourage
their organizations and hear them on matters that may affect them, under the terms established by
law.
GUARANTEES OF FUNDAMENTAL RIGHTS AND FREEDOMS. (Chapter IV of Title I). It pays

special attention to the guarantees of freedoms and rights.
 Declaring that the freedoms and rights of Spaniards recognized in the second chapter of the
Constitution are binding on all public authorities and that their exercise may only be regulated by a
law that will respect their content, and their compliance with the provisions of the Constitution will
also be controlled by the Constitutional Court, by means of an appeal of unconstitutionality. (53.1)
 The rights and freedoms recognized in Article 14 and in Section 1 of Chapter Two
(fundamental rights and public liberties) are enforceable before the ordinary courts by means of a
special, preferential and summary procedure and before the Constitutional Court by means of an
appeal for protection (recurso de amparo). The latter also applies to the right to conscientious
objection in Art. 30 (art. 53.2)
 The principles recognized in the third chapter (guiding principles of social and economic
policy) inspire legislation and the actions of judges and public authorities and may only be invoked
before the courts in accordance with the provisions of the laws that develop them (53.3).
 It also provides for the existence of the Ombudsman, with the purpose of defending the rights
of Spaniards and with the power to supervise the activities of the administration. (art 54).
SUSPENSION OF RIGHTS AND FREEDOMS (Chapter V, Title I, Art. 55)
Certain rights may be suspended when states of exception or siege are declared, which shall be
regulated by an Official Act. (4/1981). These situations are declared:
- The state of emergency, by the Government by means of a decree agreed upon by the Council of
Ministers, after authorization by the Congress of Deputies.
- The state of siege, by the absolute majority of the Congress of Deputies, at the exclusive proposal of
the government.
In both cases the following rights and freedoms may be temporarily suspended:
- The seventy-two hour time limit for governmental detention and the guarantees of deprivation of
liberty (17).
- Inviolability of the home and secrecy of communications.
- Freedom of residence and movement.
- The right to freely express ideas, the right to freely communicate or receive information, and the
right to sequester communications.
4
- Right of assembly and demonstration

- Workers' right to strike and the right to adopt collective conflict measures on the part of workers and
employers.
In the case of a state of emergency only, the detainee's right to be informed immediately and in a
comprehensible manner of his rights and the reasons for his detention before the police and the judge
shall remain in force and may not be suspended.
It also foresees the possibility that an organic law may establish the cases in which, individually and
with the intervention of a judge and parliamentary control, some rights may be suspended for certain
persons, in relation to actions of armed gangs or terrorism (48 hours + 72 by resolution of a judge), but
as a further guarantee of these rights against a possible abuse of the Administration, the Constitution
states that the abuses of the powers recognized by this law may produce criminal liability, as a violation
of rights and freedoms.However, as a further guarantee of these rights against a possible abuse by the
Administration, the Constitution states that abuses of the powers recognized by this law may lead to
criminal liability, as a violation of rights and freedoms recognized by law.
ENFORCEABILITY OF RIGHTS.
It is not possible to validly equate the classic fundamental rights contained in the core of the
Constitution (fundamentally in section 1 of chapter 2 of Title I) and the so-called second-generation
rights (deduced from the "guiding principles of social and economic policy" of the same title), because
such an equating is misleading.tulo I) and the so-called second-generation rights (deduced from the
"guiding principles of social and economic policy" of the same title), because such equating is
misleading.
Unconditionally enforceable rights (to life, liberty, security, privacy) are differentiated by their legal-
constitutional nature from social and economic rights (to health, housing, employment); while the legal
protection of the former is the responsibility of the courts, the material satisfaction of the latter depends
on the availability of sufficient resources by society and the State.
 The right to housing depends on the rules established by the public authorities.
 The syndication of military personnel is prohibited by the O.L. freedom of association and
the Royal Ordinances.
 The constitution recognizes the right of foundation for purposes of general interest.
 In states of emergency and siege, the right to freedom of association and affiliation may not
be suspended.
 The state of exception shall not exceed 30 days in the Decree proclaiming it.
5
6
TOPIC 3. THE CROWN. (TITLE II) (arts. 56-65)
CONSTITUTIONAL FUNCTIONS OF THE KING
He is the Head of State, symbol of its unity and permanence, arbitrates and moderates the regular
functioning of the institutions, assumes the highest representation of the Spanish State in international
relations. His title is King of Spain. The King does not participate in the exercise of the government's
action, and is not involved in the debate between the different political formations and is neutral with
respect to the content of the different government programs.
FUNCTIONS OF THE KING.

They can be grouped into:
- Symbolic and representative functions.
- Effective functions in relation to other state powers:
 Royal powers affecting the Legislature.
 Royal powers affecting the Executive.
 Royal powers affecting the Judiciary.
- Supreme Command of the Armed Forces.
The person of the King is inviolable and not subject to liability. Its acts shall always be countersigned
(56.3), by the President of the Government, by the competent ministers and, in certain cases, by the
President of Congress, who shall be responsible for such acts (art. 64), lacking validity without such
endorsement, except in the appointment of civilian and military members of his house, which he does
freely.
CORRESPONDS TO THE KING (62)

A. Enacting and promulgating laws
B. To convene and dissolve the Cortes Generales and to call elections under the terms provided in
the Constitution.
C. To call a referendum in the cases provided for in the Constitution.
D. Propose the candidate for President of the Government and, if appropriate, appoint him/her, as
well as terminate his/her functions under the terms set forth in the Constitution.
E. Appoint and remove the members of the Government at the proposal of its president.
F. To issue the decrees agreed upon in the Council of Ministers, to confer civil and military
employments and to grant honors and distinctions in accordance with the laws.
G. To be informed of matters of state and to preside, for these purposes, over the sessions of the
Council of Ministers, when he deems it appropriate, at the request of the President of the
Government.
H. Assume supreme command of the Armed Forces.
I. Exercise the right of pardon in accordance with the law, which may not authorize general
pardons.
J. To perform the high patronage of the Royal Academies.
In addition, the King:

a. Accredits ambassadors and diplomatic representatives.
b. Expresses the consent of the State to international treaties.
c. He signs declarations of war and peace, with the prior authorization of the Cortes
Generales.
d. Appoints the members of the General Council of the Judiciary.
e. Appoints the Attorney General of the State.
f. Appoints the members of the Constitutional Court.
1
g. Appoints the President of the Supreme Court and the Constitutional Court.
SUCCESSION
The Crown of Spain is hereditary in the successors of His Majesty Don Juan Carlos I de Borbón,
legitimate heir of the historic dynasty (57.1). A regular order of primogeniture and representation is
followed, which involves:
- That the earlier line is preferred to the later ones, i.e. children and grandchildren are
preferred to siblings and nephews and nieces.
- The closest degree is preferred to the most remote: children rather than grandchildren.
- The male is preferred to the female.
- In the same sex the older person to the younger one.
In this line the heir would be the oldest male child of the reigning monarch.
The Crown Prince shall have the dignity of Prince of Asturias from the moment of his birth or from
the moment of the event giving rise to the call. (57.2)
Extinguished all the lines, the Cortes Generales will provide for the succession to the Crown in the
form most convenient to the interests of Spain. (57.3)
Those who marry against the express prohibition of the King and the Cortes Generales shall be
excluded from succession to the Crown for themselves and their descendants. (57.4)
Abdications and renunciations and any doubt of fact or law shall be resolved by an Organic Law
(57.5).
THE REGENCY
It is the interim institution that replaces the King in his constitutional functions during minority,
temporary incapacity or the absence of its legitimate holder.
He may exercise the regency, namely:

1. When the King is a minor, the father or mother of the King and, in their absence, the relative of
legal age closest to succeed to the crown, according to the order established in the Constitution, shall
immediately enter to exercise the Regency and shall exercise it during the time of the King's
minority.
2. If the King is unable to exercise his authority and the impossibility is recognized by the Cortes
Generales, the regency shall be exercised immediately by the crown prince, if he is of age. If he is
not, the procedure shall be as provided in the preceding paragraph, until the crown prince reaches the
age of majority.
3. If there is no person to whom the Regency corresponds, the Regency shall be appointed by the
Cortes Generales and shall be composed of one, three or five persons.
To exercise the Regency it is necessary to be Spanish and of legal age (59.4) and it shall be exercised
by constitutional mandate and always in the name of the King (59.5).
THE QUEEN
The Queen consort or the Queen's consort may not assume constitutional functions, except as provided
for the Regency. (58)
THE KING'S GUARDIAN
2
The guardian of the minor King shall be the person named in his will by the deceased King, provided
he is of legal age and a Spaniard by birth; if he has not been named, the father or mother shall be the
guardian, as long as they remain widowed. In his absence, he shall be appointed by the Cortes
Generales, but the offices of Regent and guardian may not be accumulated except in the father, mother
or direct ascendants of the King (Art. 60)
The exercise of guardianship is also incompatible with the exercise of any political office or
representation.
OATH OF ALLEGIANCE TO THE CONSTITUTION BY THE KING AND THE CROWN PRINCE.
(61)
The King, upon being proclaimed before the Cortes Generales, shall take an oath to faithfully perform
his duties, to keep and uphold the Constitution and the laws and to respect the rights of the citizens and
of the Autonomous Communities.
The Crown Prince, upon reaching the age of majority, and the Regent or Regents upon taking office,
shall take the same oath, as well as the oath of allegiance to the King.
THE SUPPORT OF THE KING'S HOUSEHOLD.
The King receives from the State budget a lump sum for the support of his family and Household, and
distributes it freely (65).
 In the crown of Spain the succession to the throne follows the order of primogeniture and
representation, and not primogeniture and hereditary.
3
TOPIC 4. GENERAL COURTS. (TITLE III) (arts. 66-96)
- Chapter I: Of the chambers. (66-80)

- Chapter II: Drafting of laws ( 81-92)
- Chapter III: International Treaties (93-96)
The Cortes Generales represent the Spanish people and are formed by two chambers (66.1): The
Congress of Deputies and the Senate.
Our structure is bicameral, the Congress is called the lower house and the Senate the lower house; this
does not imply a hierarchical preeminence, but among other reasons this bicameral system represents:
1º. Institutional balance, since the Senate is responsible for the second reading and approval of bills.
2º Complementarity of representation. The Congress of Deputies is the direct popular representation,
while the Senate is the territorial representation of the State.
The Cortes Generales: (66.2)

- They exercise legislative power.
- Approve the State Budget.
- They control government action.
- They have other powers recognized by the constitution ( swearing in the King, prior
authorization of the declaration of war, approval of the reform of the constitution, etc.).
The term of office of parliamentarians, senators and deputies is four years, unless the chambers are
dissolved earlier.
COMPOSITION. ATTRIBUTIONS AND OPERATION OF THE CHAMBERS.
THE CONGRESS OF DEPUTIES.
Currently composed of 350 deputies, but the constitution allows up to 400. These deputies are elected:
- By universal suffrage (all voters of legal age), free, equal, direct and secret, in the 52 electoral districts
into which Spain is divided (the 50 provinces plus Ceuta and Melilla). Each province has a minimum
of 2 deputies, except Ceuta and Melilla, which elect one; the rest of the seats are assigned to each
province according to its population; at the time of the elections.
The election is carried out in each constituency by proportional representation, that is to say, the seats
are distributed proportionally to the number of votes obtained by each party in the elections, and all
Spaniards in full use of their political rights are electors.
Attributions or powers of Congress:
a. To grant the investiture to the candidate for President of the Government.
b. Hold the government jointly and severally accountable for its public management.
c. To vote on the so-called question of confidence when it is raised by the President of the
Government, after deliberation by the Council of Ministers. This question may be on the
presidential program or on a general policy statement.
4
d. To propose a motion of censure to the Government.

e. Authorizea state of emergency and declare a state of siege at the proposal of the government.
f. Authorize the holding of a referendum at the proposal of the Government.
THE SENATE
Chamber of territorial representation of the State (provinces and Autonomous Communities and cities
of Ceuta and Melilla) and is composed of:
- Four senators elected by universal, free, equal, direct and secret suffrage by the voters of
each province (Ceuta and Melilla only have two and the Canary Islands eleven and the Balearic
Islands five) .
- Senators are elected by a majority system, i.e., the candidates who obtain the most votes are
elected.
- There shall be senators appointed by the Autonomous Communities, through their legislative
Assemblies or their highest collegiate bodies, at the rate of one senator for each Community, plus
one senator for each million inhabitants of the autonomous territory.
Practically the same legislative functions are attributed to it as to the Congress of Deputies. Through
the second reading, it reconsiders the texts approved in the Congress of Deputies. Its political control
functions are inferior to those of the Congress; it can also question the Government, direct questions to
its members and appoint commissions of inquiry and investigation.
GENERAL RULES COMMON TO BOTH CHAMBERS
It is not possible to be a Senator and a Deputy at the same time, nor a Deputy and a member of an
Assembly of an Autonomous Community. (67)
The Constitution itself establishes the causes of illegibility and incompatibility of parliamentarians
with certain administrative, political, military, etc. positions (70).
Deputies and Senators are inviolable for the opinions they express in the exercise of their office and
enjoy parliamentary immunity; they may not be arrested, except in flagrante delicto, nor accused, nor
tried without prior authorization from their chamber, and in the event that the latter grants it, the
competent Court is the Second Criminal Chamber of the Supreme Court (71).
The Chambers are self-regulating, i.e., they establish their own rules of procedure, approve their
budgets (including the allowances of parliamentarians) and elect their own bureaus (composed of the
president, vice-presidents and secretaries) (72).
The Houses hold two ordinary sessions per year, from September to December and from February to
June, although they may hold extraordinary sessions. (73.1)
The two Chambers operate in plenary and by committees and have the power to appoint special
committees of inquiry on matters of public interest. Citizens are obliged to appear before these
commissions when called to testify and also have the right to address individual or collective petitions in
writing to the Cortes. (75-77)
Deputies and Senators of the same party or related parties form parliamentary groups, which designate
the parliamentarians who are to speak in committees and plenary sessions, in order to expedite
legislative debates.
5
During periods when there are no sessions, or when Parliament is dissolved and while new elections
are being held, a Permanent Deputation operates in each Chamber, which assumes certain powers of the
latter and oversees its powers (78). They are each composed of at least 21 members, with proportional
representation of the Parliamentary Groups.
The sessions of both chambers are open to the public; there may be secret sessions. To adopt valid
resolutions there must be a quorum, a majority of its members must be present (Congress which has 350
at least 176).
THE LEGISLATIVE FUNCTION: DRAFTING OF LAWS.
The Constitution does not speak of "legislative function", but of "legislative power", which is
exercised by the Cortes Generales (66.2) and they do so mainly by means of the elaboration of Laws.
(81 a 92)
The legislative initiative or the possibility of proposing laws corresponds indistinctly:

- To the government (draft laws)
- To Congress (legislative proposals)
- To the Senate (bills)
The C.C.A.A. assemblies. can:
1. Request the government to send a bill to the Cortes,
2. Send a bill to the congressional board.
Citizens may submit to the Cortes Generales bills on certain issues, by means of a popular petition,
collecting more than half a million signatures.
LAWS AND PROPOSITIONS WITH FORCE OF LAW (81)
Organic laws require for their approval, modification and repeal an absolute majority of the Congress
(176 deputies) and are those relating to the development of fundamental rights and public freedoms,
those approving the Statutes of Autonomy, the general electoral system and other matters provided for in
the Constitution.
Ordinary laws, therefore, shall regulate the remaining matters and shall require for their approval a
simple majority of the Houses. Laws, whether organic or ordinary, begin to be drafted by means of the
so-called bills or proposed laws. A bill is called a draft law when it is sent by the government to the
Cortes, and a bill when the initiative has been taken by one of the chambers, by an assembly of an
Autonomous Community or by popular initiative.
Bills are debated and approved first in Congress and then in the Senate. The propositions are first
discussed and voted on in the chamber, and then passed to the other chamber for approval.
Once the law has been approved by both chambers, the King will sanction and promulgate it, ordering
its publication in the BOE ( 91).
Political decisions of special importance may be submitted to a consultative referendum of the citizens
(92).
The Cortes may delegate legislative power to the Government to legislate on certain matters, by means
of a Law that sets the limits of such delegation (82); the normative product resulting from this delegation
6
is called Legislative Decree, and has the force of law. In case of urgent need, the Government may
legislate by Decree-Law, which will then be submitted to Congress to be validated or repealed. (86).
NORMA INITIATIVE
BILL THE GOVERNMENT
DRAFT LAW ONE OF THE CAMERAS
AN AUTONOMOUS COMMUNITY
POPULAR INITIATIVE (+500,000 PEOPLE)
DECREE-LAW THE GOVERNMENT (Urgent Need)
MOST FREQUENT ERRORS IN THE SUBJECT 4 TEST
* A simple majority of any of the chambers may not request a meeting of the chambers in extraordinary
session.
7
TOPIC 5. GOVERNMENT AND ADMINISTRATION. (TITLE IV) RELATIONS BETWEEN THE
GOVERNMENT AND THE COURTS GENERAL. (TITLE V). THE JUDICIARY (TITLE VI).
THE GOVERNMENT (97)

Directs:
- Domestic and foreign policy.
- Civil and military administration and defense of the State.
Exercises:
- The executive function.
- Regulatory power.
It consists of:
- President of the Government.
- Vice presidents of the government, if applicable.
- Ministers.
The members of the government meet, in turn, in the Council of Ministers and in the delegated
commissions of the Government (the former includes all the members of the government of Art. 98 and
of the sengundas the members of the Government plus the Secretaries of State to be established by
Royal Decree). Through the Council of Ministers, the government exercises its most important political
and administrative decisions.
He is politically responsible for his administration before the Cortes and the criminal responsibility of
the ministers will be enforceable before the Second Criminal Chamber of the Supreme Court.
The King appoints the Ministers at the proposal of the President of the Government (100). The
Secretaries of State may attend to inform the Councils of Ministers and the Government Delegate
Commissions (provided that they are not part of the same) when they are convened.
The Council of Ministers is responsible for:
- Approve bills and refer them to Congress or, as the case may be, to the Senate.
- Approve the General State Budget Bill.
- Approve Royal Decree-Laws and Royal Legislative Decrees.
- To agree on the negotiation and signing of international treaties and to submit them, as the
case may be, to the Cortes Generales.
- Declare states of alarm and exception and propose to Congress the Declaration of a state of
siege.
- To adopt the measures required by the economic situation, subject to the previous
authorizing law.
- Approve the regulations for the development and execution of the laws and other appropriate
regulatory provisions.
- To create, modify and suppress the executive bodies of the ministerial departments.
- To adopt binding programs, plans and guidelines for the General State Administration, and
to exercise all other powers conferred by the Constitution, the laws and any other provision.
The President of the Government is appointed by the King, after a candidate has been proposed to
Congress and subsequently elected by majority vote. The main functions of the President of the
Government are:
- To represent the Government of the Nation and especially in its relations with the Head of
State and the Cortes.
- To convene, preside over and set the agenda of the meetings of the Council of Ministers and
direct its deliberations, when not presided over by the Head of State.
- To establish the political program of the Government, and to determine the domestic and
foreign policy guidelines, and to ensure their fulfillment.
- To propose to the King, after deliberation by the Council of Ministers, the dissolution of
Congress, the Senate, or the Cortes, as well as to submit to Congress, after deliberation by the
Council of Ministers, the question of confidence.
- To create, modify and suppress, by Royal Decree, the Ministerial Departments and the State
Secretariats, as well as to approve the organizational structure of the Presidency of the Government.
To propose to the King the appointment and dismissal of the Vice-Presidents and Ministers, and to
resolve conflicts of attributions arising between the Ministries.
- To countersign, as the case may be, the acts of the King, and to submit to him, for his
sanction, the laws and other norms with the rank of law.
- To propose to the King the calling of a consultative referendum, with prior authorization
from Congress, and to file appeals of unconstitutionality.
- To direct the defense policy and to exercise with respect to the Armed Forces the functions
provided for in the legislation regulating national defense and military organization.
The Ministers, who are members of the Government, are at the same time at the head of each of the
branches into which the General Administration of the State is divided, with functions of specialization
and integration of the great variety of organs to which the principle of division of labor leads. They
directly link the Government with the General State Administration.
Appointed by the King at the proposal of the President of the Government, they must be Spaniards of
legal age and, upon taking office, take an oath or promise to faithfully perform the duties of their office,
with loyalty to the King, respect for the Constitution as the Fundamental Rule of the State, respect for
the rights of individuals and strict observance of the laws, as well as to keep secret the deliberations of
the Council of Ministers.
Ministers may be the head of a Department, i.e., have a specific portfolio, or be a Minister without
portfolio, i.e., without being in charge of any Department or branch of the Administration.
Ministers are considered senior officials and are responsible for:
- To develop the action of the Government within the scope of its Department.
- To exercise regulatory powers in matters pertaining to its Department.
- To exercise such powers as are assigned to it by law.
- To countersign, as the case may be, the acts of the King.
- Establish action plans for the organization under its responsibility.
- They have the capacity to make decisions on the definition, execution, control and
evaluation of sectorial policies within their competence (non-delegable functions).
- Management of means (Functions that may be deconcentrated or delegated to other superior
or managerial bodies).
There are currently 15 ministries: Foreign Affairs; Justice; Defense; Economy; Finance; Interior;
Development; Education, Culture and Sports; Labor and Social Affairs; Agriculture, Fisheries and Food;
Presidency; Public Administrations; Health and Consumer Affairs; Environment; Science and
Technology.
The internal organization of the Ministries is as follows:

- Within the Ministries there may be State Secretariats, and exceptionally General Secretariats,
for the management of a sector of administrative activity.
- The Ministries shall in any case have an Undersecretariat and, depending on it, a General
Technical Secretariat.
- The General Directorates are the management bodies of one or more functionally
homogeneous areas.
- The General Directorates are organized into General Sub-Directorates.
THE ADMINISTRATION
(103) Public Administration, as a figure separate from the Government: "objectively serves the
general interest and acts in accordance with the principles of efficiency, hierarchy, decentralization,
deconcentration and coordination, subject to the Law and the Law". The Public Administration can be
defined as the set of bodies responsible for carrying out the administrative public function of the State.
The basic rule that regulates the activity of the Public Administration is Law 30/1992, of November
26, 1992, on the Legal Regime of the Public Administrations and the Common Administrative
Procedure, which distinguishes the following Administrations:
 The General State Administration (regulated by the LOFAGE)

 Administrations of the Autonomous Communities (regulated by their autonomous
community regulations)
 The Entities that make up the Local Administration (Provinces and Municipalities, basically
regulated by Law 7/1985, of April 2, 1985).
 The Institutional Administration (Autonomous Organizations and some Public Companies).
Both the Government and the General State Administration have a supreme advisory body, which is
the Council of State (107).
The Council of State, in the exercise of its advisory function , shall ensure compliance with the
Constitution and the rest of the legal system. Consultation with the Board shall be mandatory (or
obligatory) when this Law or other laws so provide, and optional (or voluntary) in all other cases. The
opinions of the Board shall not be binding, unless otherwise provided by law.
The Council of State acts in Plenary or in Permanent Commission.
They are members of the Plenary:

 The President of the Council of State.
 Permanent Board Members.
 The ex officio Board Members.
 The elected Board Members.
 The Secretary General.
The Standing Committee is composed of the following members:

 The President.
 Permanent Board Members.
 The Secretary General.
The President of the Council of State is freely appointed by Royal Decree agreed upon by the Council
of Ministers from among jurists of recognized prestige and experience in State affairs.
The permanent Councilors, in a number equal to that of the Sections of the Congress, are appointed by
Royal Decree, without time limit.
The Council of State issues opinions on all matters submitted to it for consultation by the Government
or its members, or by the Autonomous Communities through their Presidents.
RELATIONS BETWEEN THE GOVERNMENT AND THE GENERAL COURTS (TITLE V) (108-
106)
It is worth bearing in mind the powers and authorities of the Parliament already enumerated, which
could be summarized as follows:
- The power of delimitation by establishing the framework within which the Government must
act through the approval of laws and budgets.
- The power of control of the Government, by means of interpellations, questions,
commissions of inquiry and the motion of censure which, regulated in art. 113 may lead to the
resignation of the government itself. The motion of censure must be proposed by at least one tenth of
the deputies and include a candidate for the presidency of the Government. It may not be voted on
until five days after its presentation, and alternative motions may be presented during the first two
days. It must be adopted by an absolute majority of the Congress.
- The power of vindication and opposition, making the parliament the center of permanent
debate between the government and the citizens, between the opposition and the majority.
The Government may, through its President, and after deliberation by the Council of Ministers,
submit a question of confidence to Congress, which shall be deemed to have been granted with a simple
majority of the Deputies, pursuant to the provisions of Art. 115 can dissolve the Congress, the Senate or
the Cortes Generales with these particularities:
1 Fr. The Government, after deliberation by the Council of Ministers, and under its exclusive
responsibility, may propose the dissolution of the Congress, the Senate or the Cortes Generales,
which shall be decreed by the King. The decree of dissolution shall fix the date of the elections.
2 The dissolution proposal may not be submitted when a motion of censure is pending.
3 A new dissolution shall not take place before one year has elapsed since the previous one, except
as provided in Art. 99, paragraph 5, which reads as follows: "If after a period of two months
from the first vote of investiture no candidate has obtained the confidence of Congress, the King
shall dissolve both Houses and call new elections with the endorsement of the President of
Congress".
STATES OF ALARM, EXCEPTION AND SIEGE.
In exceptional situations, some rights and freedoms may be temporarily suspended. (116.1) "An
organic law shall regulate the states of alarm, exception and siege, and the corresponding powers and
limitations". L.O. 4/1981 of June 1, 1981, all of them when extraordinary (serious) circumstances or
situations make it impossible to maintain normality by means of the ordinary powers of the Competent
Authorities.
Of the three exceptional circumstances referred to in the Constitution, only the exception and siege
permit the suspension of certain constitutional rights, namely:
1. The maximum duration of pretrial detention.
2. The Secret of Communications.
3. Inviolability of the home.
4. Freedom of residence and free movement within the national territory.
5. Freedom of the press and printing.
6. Prohibition of prior seizure of publications.
7. The right of assembly.
8. The right to strike or collective labor conflict.
The suspension of rights and freedoms must be carried out with the requirements and controls that the
Constitution establishes in accordance with its exceptionality.
The declaration of states of alarm, emergency and siege shall not modify the principle of responsibility
of the Government and its agents. Recognized in the Constitution and in the laws.
Congress may not be dissolved while some of these states are declared, and the houses shall be
automatically convened if they are not in session. Its operation, as well as that of the other constitutional
powers of the State, may not be interrupted during the validity of these states.
Once the Congress has been dissolved or its term of office has expired, if any of the situations that
give rise to any of the aforementioned states should arise, the powers of the Congress shall be assumed
by its Permanent Deputation.
THE STATE OF ALARM
It shall be declared by the Government by means of a Decree agreed upon by the Council of Ministers
for a maximum period of fifteen days, reporting to the Congress of Deputies, meeting immediately for
that purpose, and without whose authorization said period may not be extended. The decree shall
determine the territorial scope to which the effects of the declaration extend.
A State of Alarm may be declared:

1 Catastrophes, calamities or public disasters such as earthquakes, floods, urban and forest fires, or
accidents of great magnitude.
2 Health crises, such as epidemics and serious contamination situations.
3 Stoppage of essential public services for the community, and failure to guarantee the
maintenance of the minimum essential services.
4 Situations of shortage of basic necessities.
THE STATE OF EMERGENCY
It shall be declared by the Government by means of a decree agreed upon by the Council of Ministers,
with the prior authorization of the Congress of Deputies. The authorization and proclamation of the state
of emergency must expressly determine the effects thereof, the territorial scope to which it extends and
its duration, which may not exceed 30 days, extendable for an equal period, subject to the same
requirements.
A state of emergency may be declared when the free exercise of rights and liberties, the normal
functioning of democratic institutions, public services essential to the community, or any other aspect of
public order is so seriously affected that the exercise of ordinary powers would be insufficient to
reestablish and maintain them.
THE STATE OF SIEGE
It shall be declared by the absolute majority of the Congress of Deputies, at the exclusive proposal of
the Government. The Congress shall determine its territorial scope, duration and conditions.
A State of Siege shall be declared when an insurrection or act of force against the sovereignty or
independence of Spain, its territorial integrity or the Constitutional order occurs or threatens to occur,
and cannot be resolved by other means.
The Government, which directs domestic and foreign policy, civil and military administration and the
defense of the State (97), assumes all the extraordinary powers provided for and designates the Military
Authority, and under its direction it shall execute the appropriate measures. It is also called State of War.
THE JUDICIARY
Composed of Judges and Magistrates, it administers justice, which emanates from the people, in the
name of the King.
Basic Principles of Justice:
- The principle of jurisdictional unity (the same justice and the same courts for all) is the basis
for the organization and operation of the Courts, except for military jurisdiction in the strictly
military sphere.
- Courts of exception are prohibited. (117).
- The decisions and sentences of judges and courts must be complied with and everyone must
collaborate when required in the proceedings and in the execution of their decisions. (118)
- Justice shall be free of charge for those who do not have financial resources. (119)
- Judicial errors or the abnormal functioning of Justice that cause damages shall entitle the
injured parties to compensation. (121)
The Judges and Magistrates are:

- Independent.
- Immovable.
- Responsible parties.
- Subject to the rule of law.
THE GENERAL COUNCIL OF THE JUDICIARY
It is the governing body of the Judges and Magistrates. It shall be composed of the President of the
Supreme Court, who shall preside over it, and 20 members appointed by the King for a period of 5
years. Of these, 12 from among Judges and Magistrates of all judicial categories, under the terms
established by the Organic Law; 4 proposed by the Congress; 4 proposed by the Senate, elected in both
cases by a majority of 3/5 of its members, from among lawyers and other jurists, all of them of
recognized competence and with more than 15 years of practice in their profession (122.3).
The L.O. 6/85 of July 1, 1985, of the Judiciary, establishes its statute and the incompatibility regime of
its members and their functions, in particular in matters of appointments, promotions, inspection and
disciplinary regime.
THE SUPREME COURT
Jurisdiction over the entire Spanish territory, it is the highest jurisdictional body in all jurisdictions,
except for the Constitutional Court (123).
The President of the Supreme Court is appointed by the King, on the proposal of the General Council
of the Judiciary(123.2).
THE PUBLIC PROSECUTOR'S OFFICE
It is an auxiliary organ of the Judicial Branch, but it is not part of it, its missions are:
1 Promote the defense of legality.
2 To promote the defense of citizens' rights and the public interest.
3 To ensure the independence of the Courts and to ensure that they serve the general interest (124)
The State Attorney General is appointed by the King, at the proposal of the Government, after hearing
the opinion of the General Council of the Judiciary (124.4).
The Judiciary, like all public authorities, is obliged to respect the rights and freedoms recognized in
the Constitution for citizens. (53)
THE JURY
Citizens may exercise popular action and participate in the Administration of Justice through the
institution of the Jury, in the manner and with respect to those criminal proceedings determined by law.
THE JUDICIAL POLICE
It depends on the Judges, the Courts and the Public Prosecutor's Office, and has the following
functions:
 Crime investigation
 The discovery and securing of the offender. (126)
 Bills are approved by the Council of Ministers.

 At present there are 15 ministries (14 in book)
 The State of Alarm is declared by the Council of Ministers.
 The state of siege is declared by the Congress of Deputies.
 The State Attorney General is appointed by the King on the exclusive proposal of the
Government.
 The King shall propose a candidate for the Presidency of the Government.
SUBJECT 6: TERRITORIAL ORGANIZATION OF THE STATE. (TITLE VIII)
1. THE TERRITORIAL ORGANIZATION OF THE STATE IN THE CONSTITUTION.
A. CHAPTER ONE: General Principles (137-139)

B. CHAPTER TWO: Local Administration. (140-142)
C. CHAPTER THREE: Autonomous Communities (143-158)
The state can be defined as "a human grouping established in a given territory and endowed with
sovereign power". There are three constituent elements:
- Population or human grouping: nation.

- Territory: exactly delimited.
- Power: sovereign.
In art. 2 of the Constitution enshrines three principles of the state:
- Autonomous principle of territorial distribution.

- Principle of solidarity or territorial balance
- Principle of unity or equal treatment.
THE PRINCIPLE OF TERRITORIAL DISTRIBUTION
Art. 137: The state is organized territorially in municipalities and provinces and in the Autonomous
Communities that are constituted.
The main novelty of this article is the configuration of a new territorial entity, endowed with political
and administrative autonomy: the Autonomous Communities.
As far as the territorial legal norm of the State configured by our constitution is concerned, we could
consider it as intermediate between the Regional State and the Federal State: the Unitary State, strongly
decentralized.
THE PRINCIPLE OF SOLIDARITY
Art. 138: two modalities.

1. The establishment of an adequate and fair economic balance for the different parts of the
territory, for which purpose a "compensation fund" is constituted for investment expenses, the
resources of which will be distributed by the Cortes Generales among the Autonomous Regions and
provinces.
2. The second modality consists of establishing the principle of the non-existence of
privileges among the Autonomous Regions by means of statutes.
THE PRINCIPLE OF EQUAL TREATMENT.
Art. 139: All Spaniards have the same rights and obligations in any part of the national territory.
Focusing on the scope of the ACs, it is broken down into two manifestations:
- A general one, which affects all the rights and obligations of Spaniards, trying to avoid
having more rights or having to comply with fewer obligations for reasons of neighborhood.
- Another, more specific, which affects only certain rights, such as the freedom of movement
and establishment of persons, as well as the free movement of goods that could give rise to unequal
treatment.
THE AUTONOMOUS COMMUNITIES
The following territories have the possibility to become ACs and obtain their statutes:
- To bordering provinces with common historical, cultural and economic characteristics.

- To the island territories.
- To the Provinces with historical regional entity.
- Territorieswhose scope does not exceed that of a Province and which lack a historical
regional entity or are not integrated into the provincial organization (Ceuta, Melilla, Gibraltar).
The right to constitute a Community has certain limits:
- The indissoluble unity of the Spanish Nation. (art. 2)

- Prohibition of Federations between Autonomous Communities ( art 145.1)
The Constitution indicates the various ways of access to autonomy. The initiative is taken by the
interested Provincial Councils or the corresponding inter-island body and/or 2/3 of the Municipalities
whose population represents at least the majority of the Electoral Census of each Province or Island.
(143.2) Depending on whether the initiative is taken by a greater or lesser number of municipalities and
ratified by absolute majority or in the case of historical nationalities, there are 3 ways of access to
autonomy in the Constitution:
1. Art. 143.2
2. Art. 15.1
3. The Second Transitory Provision.
The "historical nationalities" Catalonia, Galicia, Basque Country, which follow the path of the Second
Transitory Provision, have the same competences as the autonomies of the path of Art. 151.1
The Autonomous Communities may assume powers in the following matters, pursuant to Article
148.1:
1. Organization of its institutions of self-government.

2. Alterations of Municipal Terms.
3. Land management, urban planning and housing.
4. Public works of interest to the Autonomous Regions, in their own territory.
5. Railroads and highways.
6. Refugio and marinas.
7. Agriculture and Livestock, in accordance with the general management of the economy.
8. Forestry and forest use.
9. Environmental protection and management.
10. Projects, construction and operation of hydraulic developments.
11. Inland water fishing, shellfishing, aquaculture, hunting, river fishing.
12. Indoor fairs.
13. Promotion of economic development.
14. Craftsmanship.
15. Museums.
16. Monumental heritage of interest to the CAAC
17. Promotion of Culture
18. Promotion and management of tourism in its territorial area.
19. Sports Promotion.
20. Social assistance.
21. Sanitation and hygiene.
22. Surveillance and protection of its buildings and facilities.
Article 148.2 establishes that after five years and by means of the reform of their statutes, the
Autonomous Regions may successively extend their powers within the framework established in Article
149.
Article 149.3 establishes a clause to try to determine which matters not expressly attributed to the State
may correspond to the Autonomous Regions, by virtue of their respective statutes, and which, if they are
not included in them, will fall within the competence of the State.
Matters that are exclusive to the State:
1º The regulation of the basic conditions that guarantee the equality of all Spaniards in the exercise of
their rights and in the fulfillment of their constitutional duties.
2º Nationality, immigration, emigration, foreigners and asylum law.
3rd International Relations.
4º Defense and Armed Forces.
5th Administration of Justice.
6º Commercial, criminal and penitentiary legislation; procedural legislation, without prejudice to the
necessary specialties derived from the peculiarities of the substantive law of the Autonomous
Communities.
7º Labor legislation; without prejudice to its execution by the bodies of the Autonomous Communities.
8º Civil legislation; without prejudice to the preservation, modification and development by the
Autonomous Communities of civil, foral or special rights, wherever they exist.
9º Legislation on intellectual and industrial property.
10º Customs and tariff regime; foreign trade.
11th Monetary system: currency, exchange and convertibility; bases of credit, banking and insurance
management.
12º Legislation on weights and measures, determination of the official time.
13th Bases and coordination of the general planning of economic activity.
14º General Treasury and State Debt.
15º Promotion and general coordination of scientific and technical research.
16º External health. Bases and general coordination of health care. Legislation on pharmaceutical
products.
17º Basic legislation and economic regime of the Social Security, without prejudice to the execution of
its services by the Autonomous Communities.
18º The bases of the legal regime of the public administrations and the statutory regime of their civil
servants.
19º Sea fishing.
20º Merchant marine and flagging of ships, lighting of coasts and maritime signals; ports of general
interest; airports of general interest; airspace control, air traffic and transport, meteorological
service and aircraft registration.
21º Railroads and land transportation passing through the territory of more than one Autonomous
Community; general communications system; motor vehicle traffic; post and telecommunications;
aerial, submarine and radio communication cables.
22º The legislation, management and concession of hydraulic resources and uses when the waters flow
through more than one Autonomous Community, and the authorization of electrical installations
when their use affects another Community or the transport of energy goes beyond its territorial
scope.
23º Basic legislation on environmental protection, without prejudice to the powers of the Autonomous
Communities to establish additional protection regulations. Basic legislation on forests, forest use
and livestock trails.
24º Public works of general interest or whose execution affects more than one Autonomous Community.
25º Bases of the Mining and Energy Regime.
26º Regime of production, trade, possession and use of arms and explosives.
27º Basic rules governing the press, radio and television and, in general, all means of social
communication, without prejudice to the powers corresponding to the Autonomous Communities
in their development and execution.
28º Defense of the Spanish cultural, artistic and monumental heritage against exportation and spoliation;
museums, libraries and archives owned by the State, without prejudice to their management by the
Autonomous Communities.
29º Public security, without prejudice to the possibility of the creation of police forces by the
Autonomous Communities in the manner established in the respective Statutes within the
framework of the provisions of an organic law.
30º Regulation of the conditions for obtaining, issuing and homologation of academic and professional
degrees and basic rules for the development of Article 27 of the Constitution, in order to guarantee
compliance with the obligations of the public authorities in this area.
31º Statistics for government purposes.
32º Authorization for the calling of popular consultations by means of referendum.
The state has competencies that are not transferable such as: Defense and Armed Forces, International
Relations, Customs and Tariffs, etc.
In art. 150 of the Constitution establishes three regulatory procedures to carry out the assumption and
transfer of competences between the State and the Autonomous Communities. They are:
A. FRAMEWORK LAWS: It is a state law by virtue of which the competences that the
Constitution has declared as exclusive to the State may be ceded to the Autonomous
Communities, thus being shared.
B. TRANSFER LAWS. Also known as delegation agreements, they are used for the transfer of
administrative powers.
C. HARMONIZATION LAWS. They are the counterpoint of the Framework-Laws; by means of

them the State, for reasons of general interest, may regulate matters that fall within the
competence of the Autonomous Communities.
THE STATUTES OF AUTONOMY
Within the legal system of each Autonomous Community, the Statute of Autonomy is the basic
institutional rule of the Community; within the general state legal system, it is an Organic Law
hierarchically subordinate only to the Constitution and can only be modified by another special Organic
Law approved by the procedure followed for its approval.Within the general state legal system, it is an
organic law hierarchically subordinate only to the Constitution and can only be modified by another
special organic law approved by the same procedure followed for its approval.
The statutes of autonomy shall contain (147.2):
a. Name of the Community.

b. Delimitation of its territory.
c. Name, organization and location of its own institutions.
d. Powers assumed within the framework established in the Constitution and the bases for the
transfer of the services corresponding thereto.
The Spanish autonomous map is configured as follows:
- BASQUE COUNTRY: Alava, Guipúzcoa and Vizcaya.

- CATALONIA: Lérida, Tarragona, Gerona and Barcelona.
- GALICIA: La Coruña, Lugo, Orense and Pontevedra.
- ANDALUSIA: Almeria, Granada, Malaga, Jaen, Cordoba, Seville, Cadiz and Huelva.
- ASTURIAS: Oviedo.
- CANTABRIA: Santander.
- LA RIOJA: Logroño.
- MURCIA: Murcia.
- VALENCIAN COMMUNITY: Valencia, Castellón and Alicante.
- ARAGON: Zaragoza, Huesca and Teruel.
- CASTILLA-LA MANCHA: Albacete, Toledo, Ciudad Real, Cuenca and Guadalajara.
- CANARY ISLANDS: Las Palmas and Santa Cruz de Tenerife.
- NAVARRA: Navarre.
- EXTREMADURA: Cáceres and Badajoz.
- BALEARIC ISLANDS: Balearic Islands (formed by all the islands of the archipelago).
- MADRID: Madrid.
- CASTILLA-LEÓN: Avila, Burgos, León, Palencia, Salamanca, Segovia, Soria, Valladolid
and Zamora.
- CEUTA: City of Ceuta.
- MELILLA: City of Melilla.
ORGANS OF THE CCAA.
Article 152 provides that the autonomous institutional organization shall be based on:
 A Legislative Assembly; elected by universal suffrage, according to a system of proportional

representation that also ensures the representation of the various areas of the territory. The
Legislative Assembly discusses and approves the laws of the Community and controls the actions of
the Government.
 A Governing Council with executive and administrative functions, which organizes the
political life of the Community; it is formed by the President and the Councilors.
 A President, elected by the Assembly from among its members, and appointed by the King,
who is responsible for the direction of the Governing Council, the supreme representation of the
respective community and the ordinary representation of the State of that community. The chairman
and members of the board are politically accountable to the Assembly.
 A High Court of Justice, without prejudice to the jurisdiction corresponding to the Supreme
Court, completes the judicial organization in the territorial scope of the Autonomous Community.
CONTROLS OVER THE AUTONOMOUS COMMUNITIES.
Autonomy within the State cannot be full, and the Constitution establishes ordinary controls (153): by
the Constitutional Court, the Court of Audit, the Contentious-Administrative Courts and the
Government, following the opinion of the Council of State; and an extraordinary control (155): by the
Government in the event of non-compliance with the Constitution, or in the event of actions that
represent serious attacks against the general interest.
LOCAL ADMINISTRATION.
Art. 137 states that "the State is organized territorially into Municipalities, Provinces and the
Autonomous Communities that may be constituted. All these entities enjoy autonomy for the
management of their respective interests".
The Constitution guarantees the administrative autonomy of the Municipalities. These shall have full
legal personality. Their government and administration corresponds to their respective City Councils,
made up of Mayors and Councilmen. The Councilors shall be elected by the residents of the
Municipality by universal, equal, free, direct and secret suffrage, in the manner established by law. The
Mayors shall be elected by the Councilors or by the neighbors.
Local Entities are governed primarily by the Law Regulating the Bases of the Local Regime, Law
7/1985, of April 2, 1985, and Royal Legislative Decree 781/1986, of April 18, 1986, approving the
Consolidated Text of the Legal Provisions on Local Regime.
The City Council is the governing and administrative body of the Municipality, with the character of a
Public Law Corporation. These are necessary organs of the City Council:
 The Mayor
 The Deputy Mayors
 The Plenary
 The Governing Committee, and consultation and control bodies, in municipalities with a
population of more than 5,000 inhabitants and, in those with fewer than 5,000 inhabitants,
when so provided in their organic regulations or when so agreed by the plenary session of the
Town Council.
THE MAYOR
He is the President of the Corporation and holds, in any case, the following powers as the most
important:
a. To direct the municipal government and administration.

b. Represent the City Council.
c. To call and preside over the meetings of the Plenary, the Governing Committee and any other
municipal bodies and to decide ties with a casting vote.
d. To direct, inspect and promote municipal services and works.
e. To dictate banns.
f. To perform the superior leadership of the personnel and, specifically, of the Municipal Police.
g. To appoint the Deputy Mayors, as substitute and auxiliary bodies.
The election of the Mayor, which according to art. 138 of the Constitution shall be carried out by the
councilors or by the neighbors, follows the following rules:
- All Councilors at the top of their corresponding lists may be candidates.

- If any of them obtains an absolute majority of the votes of the Councilors, he/she is
proclaimed elected.
- If none of them obtains such majority, the Councilman heading the list that has obtained the
highest number of popular votes in the corresponding Municipality shall be proclaimed Mayor. In
the event of a tie, the decision will be resolved by drawing lots.
- Before commencing the exercise of his or her functions, the Mayor shall take an oath or
promise of office before the full City Council.
However, as a legislative novelty, there is the possibility of a motion of censure that can be adopted by
the absolute majority of the legal number of Councilors. This motion must be proposed by at least an
absolute majority of the Councilors, including the name of the candidate proposed for Mayor, who shall
be proclaimed as such if the motion is successful. No Councilor may sign more than one motion of
censure during his or her term of office.
THE PLENARY SESSION
Composed of all the Councilors, it is chaired by the Mayor and has the powers regulated by law. It
may meet in ordinary sessions with a pre-established periodicity and in extraordinary sessions, which
may also be urgent.
The Plenary shall hold an ordinary meeting at least every three months and an extraordinary meeting
when so decided by the President or when requested by at least one quarter of the legal number of the
members of the Corporation. In the latter case, the Chairman shall be obliged to convene the meeting
within four days following the date of the request.
The Plenary (ordinary and extraordinary) shall be convened at least two days in advance, except in
cases of duly motivated urgency.
The Plenary shall be validly constituted with the attendance of one third of the legal number of its
members, which shall never be less than three. This quorum must be maintained throughout the session.
In any case, the attendance of the Chairman and the Secretary of the Corporation or their legal
substitutes is required.
The resolutions of the corporations are adopted, as a general rule, by a simple majority of the members
present. A simple majority exists when there are more affirmative votes than negative votes. The matters
of greater legal and economic transcendence expressly provided for require the favorable vote of two
thirds of the de facto number and, in any case, of the absolute majority of the legal number of members
of the Corporation.
THE GOVERNMENT COMMISSION
It is a necessary body in those municipalities with more than 5,000 inhabitants and in those with less,
when so agreed by the Plenary of the City Council.
It is made up of the Mayor and a number of Councilors not exceeding one third of the legal number of
Councilors, freely appointed and separated by the Mayor, reporting to the Plenary.
ELEMENTS OF THE MUNICIPALITY
- The Territory
- The Population
- And the Organization.
1 THE TERRITORY
The municipal area is the territory in which the City Council exercises its powers. The creation or
suppression of municipalities, as well as the alteration of municipal boundaries, will be regulated by the
legislation of the Autonomous Communities on local government. In any case, they will require a
hearing of the municipalities concerned and the opinion of the Council of State or of the highest
advisory body of the Councils of Government of the Autonomous Communities, if any. Simultaneously
with the request for this opinion, the State Administration will be informed.
2 THE POPULATION
The municipal census is the administrative registry where the residents and transients of a municipality
are recorded. Their data constitute proof of residence in the municipality and of habitual residence in the
municipality. The certifications of such data issued shall be considered public and reliable documents
for all administrative purposes.
Municipal census data will be transferred to other public administrations that request it without prior
consent of the affected party only when they are necessary for the exercise of their respective
competences, and exclusively for matters in which residence or domicile are relevant data. They may
also be used to compile official statistics subject to statistical secrecy, under the terms provided for in
Law 12/1989, of May 9, 1989, on the Public Statistical Function.
Apart from these cases, the census data are confidential and access to them shall be governed by the
provisions of Organic Law 5/1992, of October 29, 1992, regulating the Automated Processing of
Personal Data and Law 30/1992, of November 26, 1992, on the Legal Regime of the Public
Administrations and Common Administrative Procedure.
The municipal census is subject to the exercise by residents of the rights of access, rectification and
cancellation regulated in articles 14 and 15 of Organic Law 5/1992, of October 29.
Obligation to register.
All persons living in Spain are required to register in the census of the municipality in which they
habitually reside. If you live in several municipalities, you must register only in the municipality where
you live for the longest period of the year.
Unemancipated minors and incapacitated adults will have the same neighborhood as the parents who
have custody or guardianship of them or, failing that, of their legal representatives, unless authorized in
writing by the latter to reside in another municipality. In any case, with respect to incapacitated adults,
the provisions of civil legislation shall apply.
The registration in the municipal census of persons residing in the municipality who do not have an
address in the municipality can only be carried out after having informed the competent social services
in the geographical area where the person resides.
Neighbors of the Municipality.
The residents of a municipality are classified as neighbors and domiciliaries. Residents of the
municipality are those persons who habitually reside in the municipality and are registered as such in the
municipal census. Those who are circumstantially living in a municipality other than that of their usual
residence may register as transients. Spanish minors and foreigners habitually residing in the
municipality, who are registered as such in the municipal census, are domiciled in the municipality.
The acquisition of the status of neighbor occurs from the moment of registration in the census. One
can only be a resident of a municipality and all residents constitute the population of the municipality.
The status of neighbor confers the following rights and duties:
a. To be a voter and eligible to vote in accordance with the terms established in the electoral
legislation.
b. Participate in municipal management in accordance with the provisions of the law.
c. To use the municipal public services in accordance with their nature and to have access to the
communal benefits in accordance with the applicable norms.
d. To contribute by means of the economic and personal services legally foreseen to the realization of
the municipal competences.
e. To be informed, with prior reasoned authorization, and to address requests to the municipal
administration in relation to municipal files and documentation, in accordance with the provisions
of Article 105 of the Constitution.
f. To request a referendum as provided by law.
g. To request the provision and, as the case may be, the establishment of the corresponding public
service, as well as to demand them in the event of constituting a municipal competence of a
mandatory nature.
h. Those other rights and freedoms established by law.
Variations in the census.
All residents must notify their City Council of any changes in their personal circumstances to the
extent that they imply a modification of the data that must be included in the municipal census on a
mandatory basis.
When the variation affects minors or disabled persons, this obligation corresponds to their parents or
guardians. The formation, maintenance, revision and custody of the Municipal Register corresponds to
the City Council, in accordance with the provisions of State legislation.
The management of the municipal census will be carried out by the Town Councils with computerized
means, which, with the information received from the other public administrations, with the variations
reported by the residents, and with the results of the work carried out by the Town Councils themselves,
will update the data of the municipal census.
Whenever updates are made, the Town Hall must inform each affected resident of the data contained
in his or her registration, for his or her information and so that he or she may inform the Town Hall of
any rectifications or variations that may be necessary.
Notifications to residents of the contents of their registration data will be made by the City Council in
such a way that all residents will have the opportunity to know the information that concerns them at
least once every five years.
When a person changes residence, he/she must request in writing his/her registration in the census of
the municipality of destination, which, within the first ten days of the following month, will send it to
the municipality of origin, where the transferred resident will be removed from the census without any
further procedure. In the event that the person was not previously registered or does not know the
municipality of his or her previous registration, he or she shall so state.
Ex officio registrations.
The City Councils will declare ex officio the inscription in their census as neighbors to the persons
who habitually live in their municipal district and do not appear registered in the same.
In order to decree this type of discharge, it will be necessary to conduct an investigation in which the
interested party will be heard. If the interested party expressly accepts the ex officio registration, his or
her written declaration shall imply automatic deregistration from the register in which he or she had
been registered until then. Otherwise, the ex officio registration can only be carried out with the
favorable report of the Registration Council.
From the register of Spaniards residing abroad.
The register of Spaniards residing abroad, which will be compiled by the General State
Administration, in collaboration with the City Councils and the Administrations of the Autonomous
Communities, is the administrative register of persons who, while enjoying Spanish nationality,
habitually live outside Spain, whether or not this is their only nationality.nomas, is the administrative
registry of persons who, having Spanish nationality, habitually live outside Spain, whether or not this is
their only nationality.
The registry of Spaniards residing abroad will be constituted with the existing data in the Registry of
Registration of each Consular Office or Consular Section of the diplomatic missions.
For this purpose, the content of the Registration Records shall be adapted to include the data listed in
Article 94 of these Regulations.
Spaniards residing abroad registered in this census will be considered neighbors of the Spanish
municipality that appears in their registration data only for the purpose of voting, and in no case will
they constitute the population of the municipality.
The determination of the municipality of registration in Spain for electoral purposes will be carried out
in accordance with the criteria contained in the current regulations for the monthly update of the
electoral roll.
Spaniards residing abroad must notify the corresponding Consular Office or Section of any changes in
their personal circumstances to the extent that they imply a variation in the data that must be included in
the census on a mandatory basis.
When the variation affects minors or incapacitated persons, this obligation corresponds to their legal
representatives.
All Spaniards residing abroad who move their residence to Spanish territory must apply for
registration in the municipal registry of the municipality where they are going to establish their
residence.
Foreigners domiciled in Spain.

The domiciled foreigners who are of legal age have the rights and duties of neighbors, except those of
a political nature. However, they shall have the right to vote and to stand for election under the terms
provided for in the general electoral legislation applicable to local elections.
The registration of foreigners in the municipal registry shall not constitute proof of their legal
residence in Spain nor shall it confer on them any rights that are not conferred on them by the legislation
in force, especially with regard to the rights and freedoms of foreigners in Spain.
 The elements of the state are: population, territory and power.

 The establishment of an orderly and fair balance for the various parts of the territory is the
principle of solidarity.
 Residents of a Municipality are: the residents registered in the census.
 Shellfishing and aquaculture are not matters of exclusive state competence.
 Some parts of the Spanish territory could have remained without being part of an
autonomous region, since the constitution of pre-autonomous entities was voluntary.
 Art. 137 of the E.C. establishes that the State is territorially organized into municipalities,
provinces and Autonomous Communities.
 The general treasury and public debt is a transferable competence of the State.
 All residents constitute the population of the municipality, classified as neighbors and
residents.
SUBJECT 7: CONSTITUTIONAL COURT (TITLE IX). CONSTITUTIONAL REFORM (TITLE X).
THE OMBUDSMAN.
THE CONSTITUTIONAL COURT.
The Constitution is at the apex of the legal system, holding the highest rank in the hierarchy of norms,
and therefore requires a body that oversees the control of constitutionality.
It is composed of 12 members appointed by the King; 4 of them at the proposal of Congress by a

three-fifths majority of its members; 4 at the proposal of the Senate, with the same majority; 2 at the
proposal of the Government, and 2 at the proposal of the General Council of the Judiciary.
They shall be appointed from among Magistrates and Prosecutors, University Professors, Public
Officials and Lawyers, all of them jurists of recognized competence with more than 15 years of
professional practice.
The members of the Constitutional Court shall be appointed for a term of nine years and shall be
renewed by thirds every three years. The condition of member of the Constitutional Court is
incompatible: with any representative mandate; with political and administrative positions; with the
performance of executive functions in a political party or in a trade union and with employment in their
service; with the exercise of judicial and prosecutorial careers and with any professional or commercial
activity. The members of the Constitutional Court shall have the incompatibilities inherent to members
of the judiciary.
The President of the Constitutional Court shall be appointed from among its members by the King, at
the proposal of the full Court and for a period of three years. The C.C. hears the following cases:
a) On the appeal of unconstitutionality

b) Questions of unconstitutionality
c) Constitutional remedy of amparo
d) Conflicts of competence between the State and the Autonomous Communities and
between the Autonomous Communities and the Autonomous Communities themselves.
e) Conflicts between constitutional organs of the State.
f) Challenging provisions of the Autonomous Communities
g) On the declaration of constitutionality of international treaties.
THE APPEAL OF UNCONSTITUTIONALITY.
An appeal of unconstitutionality may be filed when it is understood that a provision with the rank of a
law violates a constitutional precept. Not everyone can file this appeal, but only those who are entitled to
do so:
- The President of the Government.

- The Ombudsman.
- Fifty Deputies.
- Fifty Senators.
An appeal of unconstitutionality must be filed within three months of the publication of the Law, by
means of a complaint filed before the Constitutional Court.
THE QUESTION OF UNCONSTITUTIONALITY.
The question of unconstitutionality may be presented, ex officio or at the request of a party, by the
Judges or Courts when they consider that a rule with the rank of law applicable to the case they are
judging and on whose validity the ruling depends, may be contrary to the Constitution.
The rulings handed down in any of the above unconstitutionality proceedings have the value of res
judicata, binding on all public authorities and producing general effects from the date of their
publication in the Official State Gazette. If the judgment declares the unconstitutionality of a provision,
it shall also declare the nullity of the challenged precepts, as well as those related thereto.
THE WRIT OF AMPARO.
In the event of any violation by the political powers of the rights and freedoms recognized in articles
14 to 29 of the Constitution, as well as conscientious objection, the interested parties may file an appeal
for constitutional protection, although, in order to do so, it is necessary to previously exhaust the
appropriate judicial remedy.
Likewise, a constitutional appeal for protection may be filed when the violation of rights or freedoms
comes from a judicial body itself, provided that:
- All judicial remedies have been exhausted.

- The violation of the right is not attributable to the judicial body.
- The violated constitutional right has been formally invoked in the process.
The judgment issued in the amparo appeal may grant or deny amparo. In the first case, it
shall contain one of the following pronouncements:
a) Declaration of nullity of the decision.

b) Recognition of the right or public freedom.
c) Reestablishment of the appellant in the integrity of his right or freedom.
CONSTITUTIONAL CONFLICTS.
The Constitutional Court shall hear conflicts of competence between:
- The State and one or more Autonomous Communities.

- Two or more Autonomous Communities among themselves.
- The Government with the Congress of Deputies, the Senate or the General Council of the
Judiciary, or any of these bodies with each other.
Conflicts can be of two types:
1. Positive: When the Government or an Autonomous Community considers that another provision
or resolution of an Autonomous Community does not respect the order of competence
established in the Constitution.
2. Negative: These may be filed by the interested parties when, in the face of a specific request,
both the State Administration and the corresponding Autonomous Community declare
themselves to be incompetent.
CONSTITUTIONAL REFORM.
Since the Constitution is at the apex of the legal system and no provision can mediate it, the text itself
must contain the provisions for its reform, and that is what our Constitution does in Title X.
The initiative for constitutional reform corresponds to the Government, the Congress and the Senate in
accordance with the Constitution and the Regulations of the Chambers.
Constitutional reform projects must be approved by a 3/5 majority of the chambers. If there is no
agreement between the two, an attempt will be made to obtain it through the creation of a Commission
of equal composition of Deputies and Senators, which will submit a text to be voted on by the Congress
and the Senate.
If approval is not obtained through the procedure described in the preceding paragraph, and provided
that the text has obtained the favorable vote of the absolute majority of the Senate, the Congress, by a
two-thirds majority, may approve the amendment.
Once the reform has been approved by the Cortes Generales, it shall be submitted to a referendum for
ratification when so requested, within fifteen days following its approval, by one tenth of the members
of either of the Houses.
When a total revision of the Constitution or a partial revision affecting the Preliminary Title, Chapter
II, Section I of Title I or Title II is thus proposed, a two-thirds majority of each House shall approve the
principle, and the Cortes shall be dissolved immediately.Title I or Title II, there shall be approval in
principle by a two-thirds majority of each House, and the Cortes shall be dissolved immediately.
The elected Chambers must ratify the decision and proceed to the study of the new constitutional text,
which must be approved by a two-thirds majority of both Chambers.
Once the reform has been approved by the Cortes Generales, it will be submitted to a referendum for
ratification.
Constitutional reform may not be initiated in time of war or during a state of alarm, emergency or
siege.
To date, there have only been two reforms of the constitutional text: one direct, by adding the term
"and passive" in Article 13.2 to the recognized right of foreigners to vote in municipal elections; and the
other, indirect, by eliminating the possibility of military criminal laws providing for the death penalty in
time of war, according to Article 15.
THE OMBUDSMAN
It is a body or institution incorporated for the first time into Spanish public life by the 1978
Constitution. Article 54 of Title I (Fundamental Rights and Duties) states:
"An organic law shall regulate the institution of the Ombudsman, as High Commissioner of the
Cortes Generales, appointed by the latter for the defense of the rights included in this Title, for
which purpose he may supervise the activity of the Administration, reporting to the Cortes
Generales."
The Ombudsman (who may be any Spaniard of legal age who is in full enjoyment of his civil and
political rights), shall be elected by the Cortes Generales, by a majority of 3/5ths of the members of
Congress and ratified by an equal majority of the Senate, and his term of office shall be five years. He
enjoys inviolability and exercises his functions independently, since he is a commissioner of Parliament
and not of the Government, and is therefore a delegate of the legislative power, with the power to
propose proposals, although without the capacity to make resolutions.
The Ombudsman is authorized to file appeals of unconstitutionality and amparo in accordance with the
provisions of the Constitution and the Organic Law of the Constitutional Court and thus protect citizens
against violations of their rights and freedoms recognized in the Constitution. It is also responsible for
examining administrative irregularities and proposing appropriate solutions.
Complaints may be addressed to the Ombudsman by any natural or legal person(Spanish or foreign),
in a reasoned written document indicating their name, surname and address, and signed by the interested
party. All actions of the Ombudsman are free of charge.
Organic Law 2/92 created a Joint Congressional-Senate Commission to handle relations between
Parliament and the Ombudsman.
MOST COMMON ERRORS IN TOPIC 7.
 In the event of any violation of the rights and freedoms recognized in arts. 14 to 29 of the
E.C. the amparo remedy is applicable.
 The initiative for constitutional reform corresponds to: The government, the Congress and
the Senate.

(OPPOSITION AGENDA) Summary of Spanish Constitution

Cargado por

Información del documento

Descripción original:

Título original

Derechos de autor

Formatos disponibles

Compartir este documento

Compartir o incrustar documentos

Opciones para compartir

¿Le pareció útil este documento?

¿Este contenido es inapropiado?

Copyright:

Formatos disponibles

(OPPOSITION AGENDA) Summary of Spanish Constitution

Cargado por

Copyright:

Formatos disponibles

TOPIC - Page of JAVIER ROMERO MUNUERA CIVIL GUARD

TOPIC 1. THE SPANISH CONSTITUTION OF 1978, GENERAL CHARACTERISTICS AND

1. THE SPANISH CONSTITUTION OF 1978.

VOTING CONGRESS SENATE

In the referendum of the People on December 6, 1978:

COMMON NOTES WITH OTHER CONSTITUTIONS:

- Written document (except for exceptions such as English).

- CONSENSUSED: by reaching an agreement between the political parties.

STRUCTURE CONTENTS LOCATION

Within the organic part there are three powers:

- Title I. Fundamental rights and duties.

THE PRELIMINARY TITLE (ARTS. 1 a 9)

- Constitutional Guarantee of General Principles. (principle of legality, hierarchy of norms, publicity of

- Capital of the State: Villa de Madrid. (art. 5)

MOST FREQUENT ERRORS IN THE SUBJECT 1 TEST.

TOPIC 2. FUNDAMENTAL RIGHTS AND DUTIES OF SPANIARDS. (TITLE I) (art. 10 a 55).

Scientific doctrine classifies rights or freedoms into three categories:

SPANISH AND FOREIGNERS (Chapter One) (11 to 13)

RIGHTS AND FREEDOMS

 (30) Right and Duty to defend Spain, establishes conscientious objection.

GUARANTEES OF FUNDAMENTAL RIGHTS AND FREEDOMS. (Chapter IV of Title I). It pays

SUSPENSION OF RIGHTS AND FREEDOMS (Chapter V, Title I, Art. 55)

- Right of assembly and demonstration

MOST FREQUENT ERRORS IN THE SUBJECT 2 TEST.

TOPIC 3. THE CROWN. (TITLE II) (arts. 56-65)

CONSTITUTIONAL FUNCTIONS OF THE KING

FUNCTIONS OF THE KING.

CORRESPONDS TO THE KING (62)

In addition, the King:

He may exercise the regency, namely:

THE KING'S GUARDIAN

THE SUPPORT OF THE KING'S HOUSEHOLD.

MOST FREQUENT ERRORS IN THE SUBJECT 3 TEST.

TOPIC 4. GENERAL COURTS. (TITLE III) (arts. 66-96)

- Chapter I: Of the chambers. (66-80)

The Cortes Generales: (66.2)

COMPOSITION. ATTRIBUTIONS AND OPERATION OF THE CHAMBERS.

THE CONGRESS OF DEPUTIES.

d. To propose a motion of censure to the Government.

GENERAL RULES COMMON TO BOTH CHAMBERS

THE LEGISLATIVE FUNCTION: DRAFTING OF LAWS.

The legislative initiative or the possibility of proposing laws corresponds indistinctly:

LAWS AND PROPOSITIONS WITH FORCE OF LAW (81)

MOST FREQUENT ERRORS IN THE SUBJECT 4 TEST

THE GOVERNMENT (97)

The Council of Ministers is responsible for:

Ministers are considered senior officials and are responsible for:

The internal organization of the Ministries is as follows:

 The General State Administration (regulated by the LOFAGE)

The Council of State acts in Plenary or in Permanent Commission.

They are members of the Plenary:

The Standing Committee is composed of the following members:

STATES OF ALARM, EXCEPTION AND SIEGE.

THE STATE OF ALARM

A State of Alarm may be declared:

THE STATE OF EMERGENCY

THE STATE OF SIEGE

The Judges and Magistrates are:

THE GENERAL COUNCIL OF THE JUDICIARY

THE SUPREME COURT

THE PUBLIC PROSECUTOR'S OFFICE

THE JUDICIAL POLICE