Constitution
· <http://www.der.uva.es/constitucional/materiales/ce.html> PREAMBLE
PRELIMINARY TITLE · <http://www.der.uva.es/constitucional/materiales/ce.html> (Articles 1-9)
· PART ONE: THE FUNDAMENTAL RIGHTS AND DUTIES <http://www.der.uva.es/constitucional/materiales/ce.html>
· Article 10. <http://www.der.uva.es/constitucional/materiales/ce.html>
· CHAPTER ONE OF SPANISH AND FOREIGN <http://www.der.uva.es/constitucional/materiales/ce.html> (Articles 11-13)
· CHAPTER TWO: RIGHTS AND FREEDOMS <http://www.der.uva.es/constitucional/materiales/ce.html>
· Article 14. <http://www.der.uva.es/constitucional/materiales/ce.html>
· SECTION ONE: FUNDAMENTAL RIGHTS AND FREEDOMS OF PUBLIC <http://www.der.uva.es/constitucional/materiales/ce.html> (Articles 15-29)
· SECTION TWO: RIGHTS AND DUTIES OF CITIZENS <http://www.der.uva.es/constitucional/materiales/ce.html> (Articles 30-38)
· CHAPTER THREE: THE GUIDING PRINCIPLES OF SOCIAL POLICY AND ECONOMIC <http://www.der.uva.es/constitucional/materiales/ce.html> (Articles 39-52)
· CHAPTER FOUR: THE GUARANTEES OF FUNDAMENTAL RIGHTS AND FREEDOMS <http://www.der.uva.es/constitucional/materiales/ce.html> (Articles 53-54)
· CHAPTER FIVE: STAY OF RIGHTS AND FREEDOMS <http://www.der.uva.es/constitucional/materiales/ce.html> (Article 55)
· PART II: THE CROWN <http://www.der.uva.es/constitucional/materiales/ce.html> (Articles 56-65)
· TITLE III: GENERAL COURTS <http://www.der.uva.es/constitucional/materiales/ce.html>
· CHAPTER ONE OF THE CHAMBERS <http://www.der.uva.es/constitucional/materiales/ce.html> (Articles 66-80)
· CHAPTER TWO: THE DEVELOPMENT OF LAW <http://www.der.uva.es/constitucional/materiales/ce.html> (Articles 81-92)
· CHAPTER THREE: INTERNATIONAL TREATIES <http://www.der.uva.es/constitucional/materiales/ce.html> (Articles 93-96)
· PART IV: GOVERNMENT AND ADMINISTRATION <http://www.der.uva.es/constitucional/materiales/ce.html> (Articles 97-107)
· TITLE V: RELATIONS BETWEEN GOVERNMENT AND GENERAL COURTS <http://www.der.uva.es/constitucional/materiales/ce.html> (Articles 108-116)
·TITLE VI: THE JUDICIARY <http://www.der.uva.es/constitucional/materiales/ce.html> (Articles 117-127)
· TITLE VII: ECONOMICS AND FINANCE <http://www.der.uva.es/constitucional/materiales/ce.html> (Articles 128-136)
· TITLE VIII: THE TERRITORIAL ORGANIZATION OF THE STATE <http://www.der.uva.es/constitucional/materiales/ce.html>
· CHAPTER ONE: GENERAL PRINCIPLES <http://www.der.uva.es/constitucional/materiales/ce.html> (Articles 137-139)
· CHAPTER TWO: <http://www.der.uva.es/constitucional/materiales/ce.html> Local Government (Articles 140-142)
· CHAPTER THREE: <http://www.der.uva.es/constitucional/materiales/ce.html> Autonomous Communities (Articles 143-158)
· TITLE IX: CONSTITUTIONAL COURT <http://www.der.uva.es/constitucional/materiales/ce.html> (Article 159-165)
· TITLE X: CONSTITUTIONAL REFORM <http://www.der.uva.es/constitucional/materiales/ce.html> (Articles 166-169)
· <http://www.der.uva.es/constitucional/materiales/ce.html> ADDITIONAL PROVISIONS (first-fourth)
TRANSITIONAL · <http://www.der.uva.es/constitucional/materiales/ce.html> (first-ninth)
· <http://www.der.uva.es/constitucional/materiales/ce.html> REPEALING PROVISION
· <http://www.der.uva.es/constitucional/materiales/ce.html> FINAL PROVISION 
DON JUAN CARLOS I, KING OF SPAIN,
To all who see and hear, you know:
That the Courts have approved and ratified the Spanish Village the following Constitution:
PREAMBLE
The Spanish Nation, desiring to establish justice, freedom and security and promote the good of all its members, in exercise of its sovereignty, proclaims its will to:
or guarantee democratic coexistence within the Constitution and the laws under a just economic and social order.
or consolidate the rule of law which ensures the rule of law as an expression of popular will.
or Protect all Spanish and peoples of Spain in the exercise of human rights, their cultures and traditions, languages and institutions.
or promote the progress of culture and economy to ensure a dignified quality of life.
o Establish an advanced democratic society, and collaborate in the strengthening of peaceful relations and effective cooperation among all peoples of the earth.
Accordingly, the Parliament approves and the Spanish people ratify the following Constitution
PRELIMINARY TITLE
Article 1.
1. Spain becomes a social and democratic state of law, which holds as superior values of its legal freedom, justice, equality and political pluralism.
2. National sovereignty resides in the Spanish people, from whom emanate the powers of the state.
3. The political form of the Spanish State is a parliamentary monarchy.
Article 2.
The Constitution is based on the indissoluble unity of the Spanish nation, common and indivisible homeland of all Spanish, and recognizes and guarantees the right to autonomy of nationalities and regions which comprise and solidarity among them.
Article 3.
1. The Castilian Spanish is the official state language. All the Spanish people have the duty to know and the right to use it.
2. The other Spanish languages are also official in the Autonomous Communities in accordance with its Statute.
3. The richness of the linguistic modalities of Spain is a cultural heritage that will be object of special respect and protection.
Article 4.
1. The flag of Spain is made up of three horizontal stripes: red, yellow and red, the yellow double the width of each of the red.
2. The Statutes may recognize flags and ensigns of the autonomous communities. These were used together with the flag of Spain on their public buildings and in their official acts.
Article 5.
The state capital is the city of Madrid.
Article 6.
Political parties express political pluralism, assist in the formation and expression of popular will and are an essential instrument for political participation. Their creation and the exercise of their activities are free while respecting the Constitution and the law Their internal structure and operation must be democratic.
Article 7.
Labor unions and business associations contribute to the defense and promotion of economic and social interests of their own. Their creation and the exercise of their activities are free while respecting the Constitution and the law Their internal structure and operation must be democratic.
Article 8.
1. The Armed Forces, consisting of the Army, Navy and Air Force, is to guarantee the sovereignty and independence of Spain, to defend its territorial integrity and constitutional order.
2. An Act regulating the foundations of military organization in conformity with the principles of this Constitution.
Article 9.
1. Citizens and public authorities are subject to the Constitution and other legislation.
2. Applies to public authorities to promote conditions for freedom and equality of individuals and groups to which they belong are real and effective, to remove obstacles which prevent or hinder their full and facilitate the participation of all citizens in the life political, economic, cultural and social.
3. The Constitution guarantees the principle of legality, the hierarchy of norms, advertising standards, the non-retroactivity of punitive provisions unfavorable or restricting individual rights, legal certainty, accountability and prohibition of arbitrariness of public powers.
TITLE
OF FUNDAMENTAL RIGHTS AND DUTIES
Article 10.
1. The dignity, the inviolable rights which are inherent, the free development of personality, respect for the law and the rights of others are fundamental to political order and social peace.
2. The rules relating to fundamental rights and freedoms recognized by the Constitution be interpreted in accordance with the Universal Declaration of Human Rights and international treaties and agreements thereon ratified by Spain.
CHAPTER ONE
OF SPANISH AND ALIENS
Article 11.
1. The Spanish nationality is acquired, retained and lost in accordance with the provisions of the Act
2. No Spanish birth may be deprived of his nationality.
3. The State may negotiate dual nationality treaties with Latin American countries or with those who have had or have special links with Spain.
In these countries, even if they recognize its citizens a reciprocal right, Spanish may become naturalized without losing their original nationality.
Article 12.
The Spanish are over age eighteen.
Article 13.
1. Aliens in Spain shall enjoy the public freedoms guaranteed by the present title in the terms established by treaties and the Law
2. Only Spanish will be holders of the rights recognized in Article 23 <http://www.der.uva.es/constitucional/materiales/ce.html>, except that, according to criteria of reciprocity may be established by treaty or Law for the right to vote and stand in municipal elections.
3. Extradition shall be granted only pursuant to a treaty or the Act, as the principle of reciprocity.
Excluded from extradition for political crimes, not regarded as such acts of terrorism.
4. The law shall establish the terms under which citizens of other countries and stateless persons may enjoy the right to asylum in Spain.
CHAPTER TWO
RIGHTS AND FREEDOMS
Article 14.
Spanish people are equal before the law without any discrimination on grounds of birth, race, sex, religion, opinion or any other condition or personal or social circumstance.
SECTION ONE
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE PUBLIC
Article 15.
Everyone has the right to life and physical and moral integrity, without, in any case, can be subjected to torture or to cruel or degrading treatment iñumanos. Abolishing the death penalty, except as may be available to military criminal law in wartime.
Article 16.
1. It guarantees freedom of ideology, religion and worship for individuals and communities with no more restriction on their expression than may be necessary for the maintenance of public order protected by law
2. No one may be compelled to testify about his ideology, religion or belief.
3. No religion shall have a state character. The public authorities shall take into account the religious beliefs of Spanish society and shall consequently maintain appropriate cooperation relations with the Catholic Church and other confessions.
Article 17.
1. Everyone has the right to liberty and security. Nobody can be deprived of his liberty, but with the observance of the provisions of this Article and in such cases and in the manner provided in the Act
2. Preventive detention may last no longer than strictly necessary for the conduct of investigations aimed at clarifying the facts, and in any event not later than seventy-two hours, the detainee must be released or available to judicial authority.
3. Any person arrested must be informed immediately, and so that he understands, of his rights and the reasons for his arrest, may not be compelled to testify. Is guaranteed assistance of counsel to the detainee in police and judicial proceedings in the terms established by law.
4. The law shall regulate a writ of habeas corpus for the immediate handing over to justice any person illegally arrested. Also, the Act is determined maximum period of custody.
Article 18.
1. The right to honor, personal and family privacy and image.
2. The home is inviolable. No entry or search may take place without consent of the owner or court decision, except in cases of flagrante delicto.
3. It guarantees the secrecy of communications and, particularly regarding postal, telegraphic and telephonic communications, except judicial decision.
4. The law limits the use of information technology to ensure the honor and personal and family privacy of citizens and the full exercise of their rights.
Article 19.
The Spanish have the right to freely choose their residence and to travel throughout the country.
They also have the right to freely enter and exit from Spain in the terms established by law. This right may not be limited by political or ideological reasons.
Article 20.
1. Are recognized and protected rights:
a) To freely express and disseminate thoughts, ideas and opinions by word, writing or any other means of reproduction.
b) production and literary, artistic, scientific and technical information.
c) academic freedom.
d) To communicate or receive freely truthful information by any media. The law regulates the right to the clause of conscience and professional secrecy in the exercise of these freedoms.
2. The exercise of these rights can not be restricted by any form of censorship.
3. The law regulates the organization and parliamentary control of the media dependent on the state or any public entity and guaranteed access to the means of the significant social and political groups, respecting the pluralism of society and the various languages Spain.
4. These freedoms are limited in respect of the rights recognized in this Part, by the precepts of the Law for its implementation and, especially, the right to honor, privacy, self-image and the protection of youth and children.
5. Can only remember the seizure of publications, recordings and other media under court order.
Article 21.
1. The right to peaceful assembly without arms. The exercise of this right does not need permission.
2. In the case of meetings in public places and demonstrations will be given prior notification to the authority, which may prohibit them only when there are reasonable grounds for disorderly conduct, endangering persons or property.
Article 22
1. The right of association.
2. Associations which pursue ends or use means criminalized illegal.
3. The associations formed under this article shall register with the sole purpose of advertising.
4. Associations may only be dissolved or their activities suspended under court reasoned.
5. Secret associations are prohibited and those of a paramilitary nature.
Article 23.
1. Citizens have the right to participate in public affairs directly or through representatives freely elected in periodic elections by universal suffrage.
2. They also have the right to equal access to public office with the requirements established by Law.
Article 24.
1. All persons are entitled to effective protection of judges and courts in the exercise of their rights and interests, without, in any case not a lack of defense.
2. Also, everyone is entitled to an ordinary judge predetermined by law, the defense and the assistance of counsel, to be informed of the charges against them, to a public trial without undue delay and with all the guarantees, to use the media evidence relevant to his defense, not to incriminate themselves, not to plead guilty and the presumption of innocence.
The law regulates the cases in which by reason of relationship or professional secrecy, shall not be compelled to testify about allegedly criminal offenses.
Article 25.
1. No one may be convicted or sentenced for actions or omissions which when committed did not constitute a crime, misdemeanor or administrative offense under the laws then in force.
2. The custodial and security measures will be geared towards the rehabilitation and social reintegration and may not be to hard labor.
The sentenced to imprisonment that is serving the same basic rights enjoyed by this Chapter, except those expressly restricted by the content of the sentence, the meaning of the sentence and the Prisons Act. In any event, be entitled to paid work and earnings on Social Security, and access to culture and integral development of his personality.
3. The Civil Administration may not impose sanctions which directly or indirectly imply deprivation of freedom.
Article 26.
Courts are prohibited Honor in the field of civil administration and professional organizations.
Article 27.
1. Everyone has the right to education. The freedom of teaching.
2. Education shall be directed to the full development of human personality on respect for democratic principles of coexistence and the rights and freedoms.
3. The public authorities guarantee the right of parents to attend their children receive religious and moral that agrees with their own convictions.
4. Elementary education is compulsory and free.
5. The public authorities guarantee the right of everyone to education, through general planning of education, with effective participation of all affected sectors and educational establishments.
6. It recognizes individuals and legal freedom of educational establishments, in compliance with constitutional principles.
7. Teachers, parents and, where appropriate, students participate in the control and management of all centers supported by the administration of public funds, in the terms established by law.
8. The public authorities shall inspect and standardize the educational system to ensure compliance with Laws.
9. The public authorities shall help to schools that meet the requirements established by law.
10. It recognizes the autonomy of universities in the terms established by law.
Article 28
1. Everyone has the right to organize freely, The law may restrict or except the exercise of this right to the Armed Forces or Institutes or other bodies subject to military discipline and regulate the peculiarities of its exercise by civil servants. Trade union freedom includes the right to form and join unions of their choice and the right of unions to form confederations and to found international union organizations or to join them. No one shall be compelled to join a union.
2. The right to strike of workers to defend their interests. The law governing the exercise of this right shall establish the safeguards necessary to ensure maintenance of essential community services.
Article 29.
1. All Spanish have the right to request written individually and collectively, in the manner and for the purposes prescribed by law
2. Members of the Armed Forces or Institutes or bodies subject to military discipline may only exercise this right individually and in accordance with the provisions of specific legislation.
SECTION TWO
RIGHTS AND DUTIES OF CITIZENS
Article 30.
1. The Spanish have the right and duty to defend Spain.
2. The law shall determine the military obligations of the Spanish and regulate, with due guarantees, conscientious objection, as well as other grounds for exemption from compulsory military service and may impose, where appropriate, an alternative service.
3. Civil service may be set up for accomplishing objectives of general interest.
4. By law may govern the duties of citizens in cases of serious risk, catastrophe or public calamity.
Article 31.
1. All contribute to sustain public expenditure according to their economic capacity, through a fair tax system based on the principles of equality and progressiveness that in no case shall be confiscatory scope.
2. Public expenditure shall make an equitable allocation of public resources and its programming and execution comply with criteria of efficiency and economy.
3. May only be established Personal or property of a public nature under the law
Article 32.
1. Men and women are entitled to marry with full legal equality.
2. The law shall regulate the forms of marriage, the age and capacity to contract, rights and duties of spouses, the grounds for separation and dissolution and its effects.
Article 33.
1. The right to private property and inheritance.
2. The social function of these rights delimit their content in accordance with the Laws.
3. No one shall be deprived of their property and rights, except for cause of public utility or social interest, with a proper compensation in accordance with the provisions of the Laws.
Article 34.
1. The right foundations for purposes of general interest under the Act
2. Foundations shall also be applicable provisions of paragraphs 2 and 4 of Article 22 <http://www.der.uva.es/constitucional/materiales/ce.html>.
Article 35.
1. All the Spanish have a duty to work and the right to work, to free choice of profession or trade, to advancement through work, and an income sufficient to meet their needs and those of his family, but in no case can be discriminated on grounds of sex.
2. The law shall regulate a Workers’ Statute.
Article 36.
The law shall regulate the pecularities of the legal status of Professional Associations and the exercise of degree professions. The internal structure and functioning of Associations must be democratic.
Article 37.
1. The law guarantees the right to collective labor bargaining between representatives of workers and employers as well as the binding force of Conventions.
2. The right of workers and employers to take collective action. The law regulating the exercise of this right, subject to the limitations that may impose, include the guarantees necessary to ensure the functioning of essential public services.
Article 38.
The freedom of enterprise within the market economy. The public authorities guarantee and protect its exercise and protection of productivity in accordance with the requirements of the general economy and, where appropriate, of planning.
CHAPTER THREE
GUIDING PRINCIPLES OF SOCIAL AND ECONOMIC POLICY
Article 39.
1. The public authorities shall ensure the social, economic and legal status of the family.
2. The public authorities likewise ensure full protection of the children, who are equal before the law irrespective of their parentage and mother, irrespective of their marital status. The Act authorized the investigation of paternity.
3. Parents must provide assistance of every kind to children born within or outside marriage during his minority and in other cases in which law is applicable.
4. Children should enjoy protection under international agreements which safeguard their rights.
Article 40.
1. The public authorities shall promote conditions conducive to social and economic progress and for regional income distribution more equitable and staff, as part of a policy of economic stability.
In particular carry out a policy aimed at full employment.
2. Also, governments promote a policy guaranteeing professional training and retraining; ensure the safety and health at work and ensure the necessary rest through the limitation of working hours, periodic holidays with pay and the promotion of suitable facilities.
Article 41.
The public authorities shall maintain a public Social Security for all citizens, guaranteeing adequate social assistance and benefits in situations of need, especially in case of unemployment.
The assistance and benefits shall be optional.
Article 42.
The State shall give special consideration to safeguard the economic and social rights of Spanish workers abroad, and orient its policy towards their return.
Article 43.
1. The right to health protection.
2. Complete public authorities organize and protect public health through preventive measures and the benefits and services. The law shall establish the rights and duties of all respect.
3. The public authorities shall foster health education, physical education and sport. Also facilitate the proper use of leisure.
Article 44.
1. The public authorities shall promote and protect access to culture, to which all are entitled.
2. The public authorities shall promote science and scientific and technical research in the public interest.
Article 45.
1. Everyone has the right to enjoy an adequate environment for the development of the individual and the duty to preserve.
2. The public authorities shall ensure the rational utilization of all natural resources in order to protect and improve the quality of life and preserving and restoring the environment, relying on an indispensable collective solidarity.
3. For those who violate the provisions of the preceding paragraph, in the terms that the law sets criminal penalties shall be provided or, where appropriate, administrative, and the obligation to repair the damage.
Article 46.
The public authorities guarantee the conservation and promote the enrichment of the historical, cultural and artistic heritage of the peoples of Spain and assets comprising it, whatever their legal status and ownership. The Criminal Law punish offenses against this heritage.
Article 47.
All the Spanish people have the right to enjoy decent and adequate housing. The public authorities shall promote the necessary conditions and establish appropriate standards to make this right effective, regulating land use in accordance with the general interest to prevent speculation.
Community participation in the capital gains generated by urban activities of public bodies.
Article 48.
The public authorities shall promote conditions for free and effective participation of youth in the political, social, economic and cultural.
Article 49.
The public authorities carry out a policy of preventive, treatment, rehabilitation and integration of the physically, sensory and mental, to lend the specialized care they require, and affording them special protection for the enjoyment of rights granted by this Part to all citizens .
Article 50.
The public authorities shall ensure, through adequate and periodically updated, a sufficient income for citizens in old age. Also, regardless of family obligations, promote their welfare through a system of social services that provides specific health problems, housing, culture and leisure.
Article 51.
1. The public authorities shall guarantee the protection of consumers and users, protecting, by means of effective, safety, health and legitimate economic interests them.
2. The public authorities shall promote information and education of consumers and users, foster their organizations and hear them on the issues that may affect those in the terms established by law.
3. Under the provisions of the preceding paragraphs, the law shall regulate domestic trade and the system of licensing commercial products.
Article 52.
The law shall regulate the professional organizations which contribute to the defense of economic interests that belong to them. Their internal structure and operation must be democratic.
CHAPTER FOUR
OF GUARANTEES OF FUNDAMENTAL RIGHTS AND FREEDOMS
Article 53.
1. The rights and freedoms set forth in Chapter II of this Title <http://www.der.uva.es/constitucional/materiales/ce.html> bind all public authorities.
Only by an act which in any case must respect their essential content, could regulate the exercise of such rights and freedoms protected in accordance with the provisions of Article 161.1) <http://www.der.uva. com / constitution / materials / ce.html>.
2. Any citizen may seek the protection of the freedoms and rights recognized in Article 14 and Section I of Chapter II <http://www.der.uva.es/constitucional/materiales/ce.html> before the ordinary courts for a procedure based on the principles of preferential and summary and, where appropriate, through the writ of amparo before the Constitutional Court. This last resort shall be applicable to conscientious objection as recognized in theArticle 30 <http://www.der.uva.es/constitucional/materiales/ce.html>.
3. The recognition, respect and protection of the principles recognized in Chapter III <http://www.der.uva.es/constitucional/materiales/ce.html>, guide legislation, judicial practice and action public authorities. May only be invoked before the ordinary courts in accordance with the laws available to develop them.
Article 54.
An Act regulating the institution of Ombudsman, as high commissioner of the Cortes Generales, appointed by them to the rights contained in this Title, for which purpose he may supervise the activity of the administration, informing the Parliament .
CHAPTER FIVE
STAY OF RIGHTS AND FREEDOMS
Article 55
1. The rights recognized in articles 17 <http://www.der.uva.es/constitucional/materiales/ce.html>, 18, paragraphs 2 and 3 <http://www.der.uva.es/constitucional/ materials / ce.html>; Articles 19 <http://www.der.uva.es/constitucional/materiales/ce.html>, 20, paragraphs 1, a) and d) and 5 <http://www. der.uva.es / constitutional / materials / ce.html>, Articles 21 <http://www.der.uva.es/constitucional/materiales/ce.html>, 28, paragraph 2 <http://www. der.uva.es / constitutional / materials / ce.html>, and Article 37, paragraph 2 <http://www.der.uva.es/constitucional/materiales/ce.html> may be suspended when agreeing the declaring a state of emergency or siege as provided in the Constitution. An exception to the foregoing provisions in paragraph 3 of Article 17 <http://www.der.uva.es/constitucional/materiales/ce.html> in the event of declaration of state of emergency.
2. An organic law may determine the manner and cases in which, individually and with the necessary judicial intervention and adequate parliamentary control, the rights recognized in articles 17, paragraph 2 <http://www.der.uva. com / constitution / materials / ce.html>, and 18, paragraphs 2 and 3 <http://www.der.uva.es/constitucional/materiales/ce.html>, may be suspended for specific persons in connection with investigations of the activities of armed bands or terrorist elements.
Unwarranted or abusive use of the powers conferred by that Act to criminal liability as a violation of the rights and freedoms recognized by the Laws.
TITLE II
CROWN
Article 56.
1. The King 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, especially with the nations of its historical community, and exercises functions expressly conferred on him by the Constitution and Laws.
2. His title is King of Spain and may use the other corresponding to the Crown.
3. The person of the King is inviolable and not subject to liability. His acts shall always be countersigned in the manner prescribed byArticle 64 <http://www.der.uva.es/constitucional/materiales/ce.html>, lack validity without such endorsement, except as provided in Article 65.2 <http://www.der.uva .com / constitutional / materials / ce.html>.
Article 57
1. The Crown of Spain is inherited by the successors of HM Juan Carlos I de Borbón, the legitimate heir of the historic dynasty. Succession to the throne shall follow the regular order of primogeniture and representation, the line always having preference over subsequent lines; on the same line, grade over the more remote, in the same grade, the male to female, and in the same sex, the oldest person to the younger.
2. The Crown Prince, since birth or since this event occurs that results in the call, have the dignity of Prince of Asturias and the other titles traditionally held by the heir to the Crown of Spain.
3. Extinguish all lines designated by law, the Cortes Generales shall provide for succession to the Crown in the manner that best suits the interests of Spain.
4. Those persons with right of succession to the throne who marry against the express prohibition of the King and the Parliament, were excluded from succession to the Crown for himself and his descendants.
5. Abdications and renunciations and any doubt in fact or law which may occur in the order of succession to the Crown shall be settled by an Act.
Article 58.
The Queen consort or the consort of Queen may not assume constitutional functions, subject to the Regency.
Article 59.
1. When the King is a minor, the parent of the King and, failing that, the adult relative nearest in succession to the Crown, in the order established in the Constitution, shall immediately assume the Regency and the exercise during the time of the minority of the King.
2. If the King iñabilitare for the exercise of their authority and the incapacity is recognized by the Cortes Generales shall immediately assume the Regency Crown Prince of the Crown, if he is of age. If he is not, proceed in the manner provided in the preceding paragraph, until the Crown Prince of age.
3. If there is no person to assume the Regency, this will be appointed by the Cortes Generales and shall be composed of one, three or five people.
4. To exercise the Regency, Spanish and must be of legal age.
5. The Regency shall be exercised by constitutional mandate and always on behalf of the King.
Article 60.
1. Guardian of minor King will be the person named in the will of the late King, where adult and Spanish from birth, if not been appointed, will tutor the parent, until remarriage. Failing that, I nominate the Cortes Generales, but charges may be added to Regent and author, but the father, mother or direct ancestors of the King.
2. The exercise of guardianship is also incompatible with the holding of any office or political representation.
Article 61.
1. The King, on being proclaimed before the Cortes Generales, will swear to faithfully carry out his duties, to obey the Constitution and the laws and respect the rights of citizens and the Autonomous Communities.
2. The Crown Prince, on coming of age, and the Regent or Regents, on assuming his duties, take the same oath, as well as loyalty to the King.
62.
Incumbent upon the King:
a) To sanction and promulgate the laws.
b) summon and dissolve the Cortes Generales and to call elections as provided in the Constitution.
c) call for a referendum as provided in the Constitution.
d) propose a candidate for Prime Minister, and if necessary, appoint and terminate its duties as provided in the Constitution.
e) appoint and dismiss members of government, a proposal by the President.
f) To issue the decrees approved in the Council of Ministers, to confer civil and military honors granted under the Law.
g) Be informed of the affairs of State and chair for this purpose, meetings of the Council of Ministers, when deemed appropriate, at the request of the President of the Government.
h) The supreme command of the Armed Forces.
i) To exercise the right of pardon under the Act, which may not authorize general pardons.
j) The High Patronage of the Royal Academies.
63.
1. The King accredits ambassadors and other diplomats. Foreign representatives in Spain are accredited.
2. Incumbent on the King of State expressing consent to international commitments through treaties, in accordance with the Constitution and Laws.
3. Incumbent on the King, following authorization by the Cortes Generales, to declare war and make peace.
Article 64.
1. The King’s acts shall be countersigned by the Prime Minister and, where appropriate, by the competent ministers. The nomination and appointment of the Prime Minister, and the dissolution provided for in Article 99 <http://www.der.uva.es/constitucional/materiales/ce.html>, shall be countersigned by the President of Congress.
2. Of the King’s acts shall be liable for the endorsement.
Article 65.
1. The King receives the state budget a lump sum to the upkeep of his family and house, and distributes it freely.
2. The King freely appoints and dismisses civil and military members of his Household.
TITLE III
COURTS OF GENERAL
CHAPTER ONE
Chambers
Article 66.
1. The Cortes Generales represent the Spanish people and consist of the Congress of Deputies and the Senate.
2. The Cortes Generales exercise the legislative power of the State, approve the budget, supervises the work of government and have the other competences assigned by the Constitution.
3. The Cortes Generales are inviolable.
Article 67.
1. No one shall be a member of both Houses simultaneously, or accumulate the minutes of an Autonomous Community Assembly of Member of the Congress.
2. The members of the Cortes Generales shall not be bound by mandatory instructions.
3. Meetings of Parliament which are held without call regulations not link to the Houses and may not exercise its functions or to flaunt their privileges.
Article 68.
1. Congress consists of a minimum of 300 and a maximum of 400 deputies elected by universal suffrage, free, equal, direct and secret, under the terms established by law
2. The constituency is the province. The cities of Ceuta and Melilla shall be represented each by a deputy. The Act divided the total number of deputies, assigning a minimum initial representation to each district and the remainder being distributed in proportion to population.
3. The election in each constituency according to criteria of proportional representation.
4. The Congress is elected for four years, the mandate of Representatives ends four years after his election or the day of the dissolution of the House.
5. They are voters and all the Spanish who have full use of their political rights.
The Law and the State recognize facilitate the exercise of the right of suffrage to the Spanish who are outside the territory of Spain.
6. The elections will take place between thirty and sixty days from the termination of the mandate. The Congress elected must be convened within twenty-five days after the elections.
Article 69.
1. The Senate is the chamber of territorial representation.
2. In each province, four Senators shall be elected by universal suffrage, free, equal, direct and secret ballot by the voters of each, in the terms established by an Act.
3. In the insular provinces, each island or group of them, Town Council or Island Council, a constituency for the purpose of electing Senators, three corresponding to each of the major islands – Gran Canaria, Majorca and Tenerife – and one for each of the following islands or groups:-Formentara Ibiza, Menorca, Fuerteventura, Gomera, Hierro, Lanzarote and La Palma.
4. The cities of Ceuta and Melilla each elect two senators.
5. The Autonomous Communities also appoint one Senator and one more for every million inhabitants of their territory. The appointment shall be for the Legislative Assembly or, failing that, to the highest corporate body of the Autonomous Community, according to what is established by the Statute, which ensure, in any case, adequate proportional representation.
6. The Senate is elected for four years. The mandate of the Senators end four years after his election or the day of the dissolution of the House.
Article 70.
1. The electoral law will determine the causes of ineligibility and incompatibility of Deputies and Senators which shall in any case:
a) A component of the Constitutional Court.
b) A senior State Administration determined by law, with the exception of members of the Government.
c) The Ombudsman.
d) Magistrates, Judges and prosecutors.
e) Professional soldiers and members of the Security Forces and Police on active duty.
f) To members of the Electoral Commissions.
2. The validity of records and credentials of members of both Houses shall be subject to judicial review in the terms established by the Electoral Act.
Article 71.
1. The Representatives and Senators enjoy inviolability for the opinions expressed in the exercise of their functions.
2. During his term of office of Deputies and senators enjoy immunity and can only be arrested in flagrante delicto. They may be indicted or tried without prior authorization of the respective House.
3. In lawsuits against deputies and senators will be responsible the Division of Criminal Justice.
4. Deputies and Senators shall receive a salary to be determined by the respective Houses.
Article 72.
1. The Chambers establish their own regulations, adopt their budgets autonomously and, by common agreement, regulate the Staff of the Parliament. Regulations and their reform shall be subject to a final vote on a whole, which require an absolute majority.
2. The houses elect their respective Presidents and other members of their committees. Joint sessions will be chaired by the President of Congress and governed by a regulation of the Parliament approved by an absolute majority of each chamber.
3. The Presidents of the chambers exert on their behalf all administrative powers and police powers within their respective headquarters.
Article 73.
1. The Houses shall meet annually for two regular sessions: the first from September to December and the second from February to June.
2. The Houses may meet in special session at the request of the Government, the Permanent Deputation or of the absolute majority of the members of either House. Extraordinary sessions must be convened with a specific agenda and shall be adjourned once this has been covered.
74.
1. The Houses shall meet in joint session to exercise legislative powers not <http://www.der.uva.es/constitucional/materiales/ce.html> Title III expressly attributed to Parliament.
2. The decisions of the Parliament under articles 94.1 <http://www.der.uva.es/constitucional/materiales/ce.html>, 145, 2 <http://www.der.uva.es / constitutional / materials / ce.html>, and 158, 2 <http://www.der.uva.es/constitucional/materiales/ce.html>, were adopted by a majority of each of the chambers. In the first case, a proceeding commenced by Congress, and the remaining two by the Senate. In both cases, if no agreement between Senate and Congress are trying to get by a Mixed Commission composed of equal numbers of representatives and senators. The Commission shall submit a text to be voted by both Houses. If not approved in the manner prescribed, the Congress shall decide by absolute majority.
Article 75.
1. The chambers operate in plenary and committees.
2. The Houses may delegate to Standing Legislative Committees approval of projects or proposals of law The House may, however, seek at any time the debate and vote on any Bill or proposed law that has been the subject of this delegation.
3. Excluded from the provisions of the foregoing paragraph are constitutional reform, international affairs, organic and basic laws and the General State Budget.
Article 76.
1. The House and Senate, and where appropriate, both Houses jointly, may appoint committees of inquiry into any matter of public interest. Its conclusions are not binding on the courts, nor affect the judgments, without prejudice to the outcome of the investigation be reported to the State Prosecutor to exercise, when appropriate, timely actions.
2. It is compulsory to appear when summoned by the Houses. The law regulates the sanctions imposed for breach of this obligation.
Article 77.
1. The Houses may receive individual and collective petitions, always in writing, is prohibited direct submission by citizens’ demonstrations.
2. The Houses may refer to the Government the requests they receive. The Government is obligated to explain its contents, provided that the cameras require.
Article 78.
1. In each house there will be a Permanent Deputation composed of a minimum of twenty members to represent the parliamentary groups in proportion to their numbers.
2. The Permanent Deputation shall be presided by the President of the respective House and their functions shall be provided for in Article 73 <http://www.der.uva.es/constitucional/materiales/ce.html>, that of assuming the powers correspond to the Houses in accordance with Articles86 <http://www.der.uva.es/constitucional/materiales/ce.html> and 116 <http://www.der.uva.es/constitucional/materiales/ce.html>, if these may have been dissolved or their terms have expired, and to safeguard the powers of the chambers, where they are not in session.
3. Upon expiration of the term or in case of dissolution, the Permanent Deputations shall continue in office until the constitution of new Parliament.
79.
1. In reaching agreements Houses must meet the regulations and with the assistance of the majority of its members.
2. Such agreements to be valid must be approved by a majority of members present, notwithstanding the special majorities established by the Constitution and Organic Laws and election of persons that the implementing regulations of the Chambers.
3. The vote of Senators and Deputies is personal and can not be delegated.
Article 80.
The plenary sessions of the Houses shall be public, unless otherwise agreed by each House, adopted by an absolute majority or under the Regulation.
CHAPTER TWO
OF THE PREPARATION OF LAW
Article 81.
1. Organic laws are those relating to development of fundamental rights and public freedoms, those approving the Statutes of Autonomy and the general electoral system and the other under the Constitution.
2. The approval, amendment or repeal of the Organic Laws require an absolute majority of Congress in a final vote on the entire project.
Article 82.
1. The Parliament may delegate to the Government the power to make rules with force of law on specific matters not included in the previous article.
2. Legislative delegation must be granted by a basic law when its purpose is to draw up texts in sections, or by an ordinary law in the case of consolidating several legal texts into one.
3. The legislative delegation will be granted to the Government explicitly to specific matter, and fixed time limit for its exercise. The delegation shall expire when the use that it makes the government by publishing the relevant rule. There may be interpreted granted implicitly or for an indefinite period. Nor shall sub-delegation to authorities other than the Government itself.
4. Framework laws demarcate precisely the purpose and scope of legislative delegation and the principles and criteria to be followed in its exercise.
5. Authorization for consolidating legal texts shall determine the regulatory domain referred to the contents of the delegation, specifying if it is confined to the mere formulation of a single text or whether it includes regulating, clarifying and harmonizing the legal texts have to be consolidated.
6. Without prejudice to the jurisdiction of the Courts, Laws of delegation in each case may provide additional control formulas.
Article 83.
Framework laws may in no case:
a) Authorize the modification of one’s own basic law.
b) power to enact retroactive.
Article 84.
When a bill or an amendment is contrary to a valid legislative delegation, the Government may oppose its processing. In that case, they can present a bill for the total or partial repeal of the law of delegation.
Article 85.
Government provisions containing the title delegated legislation legislative decrees.
Article 86.
1. In case of extraordinary and urgent necessity, the Government may issue temporary legislative provisions which take the form of decree-laws and shall not affect the regulation of basic state institutions, rights, duties and freedoms of citizens contained in Title I, the system of Autonomous Communities, or the general electoral law.
2. Decree-Laws must be immediately submitted for debate and voting by the entire House of Representatives, called for that purpose if not in session, within thirty days of its promulgation. Congress must make a specific declaration within that period on their ratification or repeal, for which the Regulation will establish a special summary procedure.
3. During the period specified in the paragraph above the Cortes may process them as draft legislation by the emergency procedure.
Article 87.
1. The legislative initiative lies with the Government, Congress and the Senate, in accordance with the Constitution and Regulations of the Chambers.
2. The Assemblies of the Autonomous Communities may request the Government to adopt a bill or send to the Bureau of the Congress a bill delegating to the House a maximum of three Assembly members responsible for their defense.
3. An Act regulating the manner and the requirements of the popular initiative for submission of proposed law shall be required in any event no less than 500,000 certified signatures. There shall be no such initiative in matters within Act, tax or international, or in relation to the prerogative of mercy.
88.
The draft legislation will be approved by the Council of Ministers, which shall submit to Congress, accompanied by an explanatory memorandum and the background needed to rule on them.
89.
1. The processing of bills being governed by the rules of the chambers, without the priority attached to Government bills shall not prevent the exercise of legislative initiative under the terms laid down in Article 87 <http://www.der. uva.es / constitutional / materials / ce.html>.
2. The propositions of law that, in accordance with Article 87 <http://www.der.uva.es/constitucional/materiales/ce.html> take into consideration the Senate, shall be submitted to Congress for its passage this as such proposition.
90.
1. Approved a draft law ordinary or organic by the Congress of Deputies, the President shall immediately report the same to the senate president, who shall submit to the deliberation of this.
2. The Senate, within two months from the date of receiving the text, may, by reasoned message, to veto or approve amendments thereto. The veto must be adopted by absolute majority. The project may not be submitted to the King for punishment without Congress ratified by an absolute majority in the event of veto, the original text, or by simple majority, after two months from the filing thereof, or decide on amendments or may not accept a simple majority.
3. The period of two months to the Senate to veto or amend the project was reduced to twenty calendar days for projects declared urgent by the Government or by the Congress of Deputies.
Article 91.
The King shall, within fifteen days of Laws passed by the Parliament, and promulgate and order the immediate publication.
Article 92.
1. Policy decisions of particular importance may be submitted to a referendum of all citizens.
2. The referendum shall be called by the King at the proposal of the Prime Minister, previously authorized by the Congress of Deputies.
3. An Act regulating the conditions and procedures for the different kinds of referendum provided in this Constitution.
CHAPTER THREE
INTERNATIONAL TREATIES
Article 93.
By Act may authorize the signing of treaties that is attributed to an international organization or institution the exercise of powers under the Constitution. It is up to Parliament or the Government, as the case may be, to ensure compliance with these treaties and resolutions issued by international agencies or supranational holders of the assignment.
Article 94.
1. The provision of State consent to be bound by treaties or agreements require the prior authorization of the Cortes Generales in the following cases:
a) Treaties of a political nature.
b) Treaties or agreements of a military nature.
c) Treaties or agreements affecting the territorial integrity of the state or the fundamental rights and duties established in Title I <http://www.der.uva.es/constitucional/materiales/ce.html>.
d) Treaties or agreements which imply financial liabilities for the Treasury.
e) Treaties or agreements which involve amendment or repeal of any law or require legislative measures for implementation.
2. The House and Senate will be immediately informed of the conclusion of other treaties or agreements.
95.
1. The conclusion of an international treaty containing stipulations contrary to the Constitution shall require prior constitutional amendment.
2. The Government or either House may request the Constitutional Court to declare whether or not such a contradiction.
Article 96.
1. Validly concluded international treaties once officially published in Spain, were part of domestic law. Their provisions may only be repealed, amended or suspended in the manner provided in the treaties themselves or in accordance with the general rules of international law.
2. For the denunciation of international treaties and conventions follow the same procedure for approval in Article 94 <http://www.der.uva.es/constitucional/materiales/ce.html>.
TITLE IV
GOVERNMENT AND PUBLIC ADMINISTRATION
Article 97.
The Government directs domestic and foreign policy, civil administration and military and defense of the state. It exercises executive and statutory authority under the Constitution and Laws.
Article 98.
1. The Government consists of the President, the Vice-where appropriate, Ministers and other members established by law
2. The President directs the Government and coordinates the functions of the other members thereof, without prejudice to the competence and direct responsibility in managing these.
3. Members of the Government may not perform representative functions other than those of the parliamentary mandate, nor any other public function not deriving from their office, or professional or commercial activity whatsoever.
4. The law regulating the status and incompatibilities of the members of the Government.
Article 99.
1. After each renewal of the Congress of Deputies, and other constitutional cases in which appropriate the King, after consultation with representatives designated by the political groups represented in parliament, and through the President of the Congress, nominate a candidate for Presidency of the Government.
2. The proposed candidate as provided in the preceding paragraph shall submit to the Congress of Deputies the Government’s political program that seeks to educate and seek the confidence of the House.
3. If Congress of Deputies by the vote of an absolute majority of its members, grants its confidence to the candidate, the king made him President. That majority is not reached, the same proposal was submitted to new vote forty-eight hours after the previous one, and trust is understood to be granted if it obtained a simple majority.
4. If, after this vote has not been obtained confidence for the investiture, successive proposals be processed in the manner provided in the preceding paragraphs.
5. If within two months after the first investiture vote, no candidate has obtained the confidence of Congress, the King shall dissolve Congress and call new elections with the endorsement of the President of Congress.
Article 100.
The other members of Government shall be appointed and dismissed by the King at the proposal of its President.
Article 101.
1. The Government shall resign after the general elections, in cases of loss of parliamentary confidence under the Constitution, or by resignation or death of its President.
2. The outgoing Government shall continue in office until the inauguration of the new government.
Article 102.
1. Criminal responsibility of the President and other members of the Government shall be payable, if any, before the Criminal Chamber of the Supreme Court.
2. If the charge were treason or any crime against state security in the exercise of their functions can only be raised by the initiative of a quarter of the members of Congress and with the approval of an absolute majority of it.
3. The royal prerogative of pardon shall not apply to any of the assumptions of this article.
Article 103.
1. Public Administration objectively serves the general interest and is in accordance with the principles of efficiency, hierarchy, decentralization, deconcentration and coordination, being fully subject to the law and the law.
2. The bodies of the State Administration are set up, directed and coordinated in accordance with the Law
3. The law regulating the status of public officials, access to public service in accordance with the principles of merit and ability, the peculiarities of the exercise of their right to organize, the system of incompatibilities and the guarantees regarding impartiality in the exercise of their functions.
Article 104.
1. The Security Forces, under the jurisdiction of the Government shall have the duty to protect the free exercise of rights and freedoms and guarantee public security.
2. An organic law shall determine the functions, basic principles of action and status of Security Forces.
105.
The law regulates:
a) The hearing of citizens, directly or through organizations and associations recognized by the law in the process of drafting administrative rules affecting them.
b) the access of citizens to administrative files and records, except as affecting the security and defense of the state, investigating crimes and the privacy of individuals.
c) The process through which administrative acts must occur, ensuring, where appropriate, heard.
Article 106.
1. The Courts control the regulatory powers and the legality of administrative action and subjecting this to the ends which justify it.
2. Individuals, on the terms established by law, shall be entitled to compensation for any harm they suffer in any of their property and rights, except in cases of force majeure, whenever such harm is the result of the operation of public services.
Article 107.
The State Council is the supreme advisory body to Government. An Act regulating the composition and competence.
TITLE V
RELATIONS BETWEEN THE GOVERNMENT
GENERAL AND COURTS
Article 108.
The Government is jointly in their management policy in the Congress of Deputies.
Article 109.
The Houses and their Committees may, through the Chairmen of those, the information and help they need from the Government and its departments and any authorities of the State and the Autonomous Communities.
Article 110.
1. The Houses and their Committees may summon members of the Government.
2. Government members have access to the sessions of Parliament and its committees and the power to be heard in them, and may request to report to them officials from their Departments.
Article 111.
1. The Government and each of its members are subject to the challenges and questions put to him in Parliament, for this kind of debate the regulations establish a minimum weekly time.
2. Any interpellation may give rise to a motion that the House express its position.
Article 112
The Prime Minister, after deliberation by the Council of Ministers, may ask the Congress of Deputies the issue of confidence on his program or a statement of general policy. Confidence shall be deemed given when voting in favor of the single majority of the Deputies.
Article 113
1. The House of Representatives may require political responsibility of the Government by adopting an absolute majority of the censure motion.
2. The motion of censure shall be proposed by at least a tenth of Deputies, and shall include a candidate for President of the Government.
3. The censure motion shall not be voted until five days after its submission. In the first two days of this period may be filed alternative motions.
4. If the motion of censure is not approved by Congress, its signatories may not submit another during the same session.
Article 114.
1. If Congress withholds its confidence from the government, the submit his resignation to the King, will be followed by the appointment of Prime Minister, as provided in Article 99.
2. If Congress adopts a motion of censure, the Government submitted its resignation to the King and the candidate shall be included in that of the confidence of the House for the purposes specified in Article 99. The king made him prime minister.
115.
1. The Prime Minister, after deliberation by the Council of Ministers, and under its sole responsibility, may propose the dissolution of Congress, the Senate or the Parliament, which shall be proclaimed by the King. The dissolution decree fixing the date of the election.
2. The proposed solution may not be filed is pending when a motion of censure.
3. There shall be no further dissolution until one year has passed since the previous, except as provided in Article 99, paragraph 5.
Article 116.
1. An Act regulating the states of alarm, emergency and siege and the powers and limitations involved.
2. The state of emergency is declared by the Government by decree agreed in Council of Ministers for a maximum period of fifteen days and reported to the Congress of Deputies, which met immediately and without its authorization can not be extended that deadline. The decree determines the territorial scope to extend the effects of the declaration.
3. The state of emergency is declared by the Government by decree agreed in Council of Ministers, prior authorization by Congress of Deputies. The authorization and proclamation of the state of emergency must specifically state the effects thereof, the territory to which it is extended and its duration, not exceeding thirty days, renewable for another similar period, with the same requirements.
4. The state of siege is declared by the absolute majority of the House of Representatives a proposal solely on the Government. Congress shall determine its territorial scope, duration and terms.
5. This shall not apply to the dissolution of Congress while any of the states covered by this article, the Chambers being automatically convoked if they are not in session. His performance, like that of other constitutional powers of the state, not to be interrupted for the duration of these states.
Dissolved the Congress or the expiry of their mandate, if you develop any of the situations that give rise to any such state, the powers of Congress shall be assumed by its Permanent Deputation.
6. The declaration of states of alarm, emergency and siege shall not modify the principle of accountability of government and its agents as recognized in the Constitution and Laws.
TITLE VI
THE JUDICIARY
Article 117.
1. Justice emanates from the people and is administered on behalf of the King by Judges and Magistrates of the Judiciary are independent, irremovable, responsible and subject only to the rule of law
2. Judges and magistrates may be dismissed, suspended, transferred or retired for one of the causes and safeguards under the Act
3. The exercise of judicial authority in any kind of action, judging, and having judgments executed belongs exclusively to the Courts established by the Laws, according to competition rules and procedure established therein.
4. The Courts shall exercise only the functions indicated in the previous paragraph and those expressly entrusted to them by law to guarantee any rights.
5. The principle of jurisdictional unity is the basis of the organization and functioning of the Tribunals. The law shall regulate the exercise of military jurisdiction strictly within military limits and in cases of siege, according to the principles of the Constitution.
6. Courts are prohibited exception.
118.
It must comply with the rulings and other decisions of the Courts and give the necessary assistance for these in the course of the trial and execution of judgments.
Article 119.
Justice shall be free when so provided by law, and in any case, for those who have insufficient means to litigate.
Article 120.
1. Judicial proceedings shall be public, except as provided under the laws of procedure.
2. Proceedings shall be predominantly oral, especially in criminal cases.
3. Judgments shall always reasoned and pronounced in open court.
Article 121.
Damages caused by judicial error as well as those arising from irregularities in the administration of justice, shall be entitled to compensation from the state, according to law
Article 122.
1. The Organic Law of the judiciary determines the constitution, operation and administration of courts and tribunals as well as the legal status of judges and magistrates, to form a single body, and the staff serving the administration of justice.
2. The General Council of the Judiciary is the governing body thereof. The Act will establish its status and the system of incompatibilities applicable to its members and their functions, particularly in matters of appointment, promotion, inspection and disciplinary system.
3. The General Council of the Judiciary shall consist of the Chief Justice, who shall preside, and of twenty members appointed by the King for a period of five years. Of these, twelve judges and magistrates of all judicial categories, under the terms established by the Act, four by the House of Representatives and four by the Senate, elected in both cases by three-fifths of its members amongst lawyers and other jurists of acknowledged competence and with over fifteen years of professional practice.
123.
1. The Supreme Court, with jurisdiction throughout Spain, is the highest judicial body in all aspects, except the provisions concerning constitutional guarantees.
2. The Chief Justice is appointed by the King at the proposal of the Supreme Judicial Council in the manner prescribed by law
Article 124.
1. The Public Prosecutor, without prejudice to the functions of other organs, is charged with promoting the action of justice in defense of legality, the rights of citizens and the public interest protected by the Act, ex officio or upon request by the stakeholders as well as ensuring the independence of the courts and securing before them the satisfaction of social interest.
2. The Public Prosecutor exercises its functions through its own organs in accordance with the principles of unity of action and hierarchical subordination, subject in all cases, the legality and impartiality.
3. The Organic Law regulating the status of the prosecution.
4. The Attorney General shall be appointed by the King at the proposal of the Government, after hearing the General Council of Judicial Power.
Article 125.
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 trials as determined by law and in customary and traditional courts.
Article 126.
The judicial police of the judges, the courts and prosecutors in their duties of crime investigation and discovery and arrest of offenders, under the terms established by law.
Article 127.
1. The Judges and Magistrates and Prosecutors, as they are active, may not hold other public office nor belong to political parties or unions. The law shall establish the system and methods of professional association of judges, magistrates and prosecutors.
2. The law shall establish the system of incompatibilities for members of the judiciary, which must ensure the complete independence of them.
TITLE VII
ECONOMICS AND FINANCE
128.
1. All the wealth of the country in different forms and whatever its ownership is subordinated to the general interest.
2. It recognizes both the public in economic activity. By Act may be reserved to the public sector resources or essential services, especially in cases of monopoly and also agree to the intervention of companies where the public interest so requires.
Article 129.
1. The law shall establish the forms of stakeholder participation in Social Security and the activity of public agencies whose function directly affects the quality of life or general welfare.
2. The public authorities shall efficiently promote the various forms of participation in the company and foster, through appropriate legislation, cooperative societies. Also provide means to facilitate access by workers to ownership of the means of production.
Article 130
1. Public authorities should make to the modernization and development of all economic sectors, particularly agriculture, livestock, fisheries and handicrafts, in order to bring the living standards of all Spanish.
2. For the same purpose, special treatment shall be given to mountain areas.
Article 131.
1. The state, by law, be able to plan general economic activity to meet the collective needs, balance and harmonize regional and sectorial development and stimulate growth of income and wealth and more equitable distribution.
2. The Government shall draft planning projects in accordance with expectations that are supplied by the Autonomous Communities and the advice and cooperation of unions and other professional organizations, business and economics. To this end, shall constitute a Council, whose composition and functions are developed by Law
Article 132.
1. The law regulating the legal status of public property and the community, drawing on the principles of inalienable, and indefeasible applicability and its reversal.
2. Public domain goods be determined by state law and in any case, the maritime-terrestrial zone, beaches, territorial waters and natural resources of the economic zone and continental shelf.
3. For Law, the assets of the State and National Heritage, administration, protection and preservation.
Article 133.
1. The primary power to raise taxes is vested exclusively in the State by Law
2. The Autonomous Communities and local Corporations may establish and levy taxes, in accordance with the Constitution and Laws.
3. Any fiscal benefit affecting State taxes must be established by Law
4. Public Administrations may only contract financial obligations and make expenditures in accordance with the Laws.
Article 134.
1. It is for the Government to draft the General State Budget and the Cortes Generales to examine, amend and approval.
2. The General State Budget shall annually, shall include all costs and state public sector revenues and shall put the amount of tax benefits affecting State taxes.
3. The Government must submit to the Congress of Deputies on the State Budget at least three months before the expiry of the previous year.
4. If the Budget Bill is not passed before the first day of the relevant financial year, shall automatically be extended prior year budgets to the approval of the new.
5. Approved the General State Budget, the Government may only submit bills involving increases in public spending or decrease revenue for the budget year.
6. Every proposition or amendment which involves an increase in funding or decrease in budget revenue shall require approval by the Government for processing.
7. The Budget Act may not impose taxes. You can modify them when a substantive tax law so provides.
Article 135.
1. The Government must be authorized by law to issue public debt or getting credit.
2. Loans to meet interest payments and capital of the State Public Debt is understood to be included in the state budget expenditure and may not be subject to amendment or modification, while complying with the terms of the Broadcasting Act.
Article 136.
1. The Court of Auditors is the supreme body for auditing the accounts and economic management of State and the public sector.
She will report to the Cortes Generales and shall discharge their duties as delegated by them in reviewing and verifying the General State Accounts.
2. The accounts of the State public sector and state they will surrender to the Court of Auditors and shall be audited by this.
The Court of Auditors, subject to its jurisdiction, submit to Parliament an annual report in which, where appropriate, to report violations or liabilities that, in his opinion, he incurred.
3. Members of the Auditing Court shall enjoy the same independence and tenure and subject to the same incompatibilities as judges.
4. An Act regulating the composition, organization and functions of the Court of Auditors.
TITLE VIII
TERRITORIAL ORGANIZATION OF THE STATE
CHAPTER ONE
GENERAL PRINCIPLES
Article 137.
The State is organized territorially into municipalities, provinces and autonomous regions to be formed.
All these entities enjoy autonomy in managing their respective interests.
Article 138.
1. The State guarantees the effective implementation of the principle of solidarity embodied in Article 2 of the Constitution <http://www.der.uva.es/constitucional/materiales/ce.html>, ensuring the establishment of an adequate economic balance and fair balance between the various parts of Spanish territory, and with particular regard to the circumstances of the island.
2. The differences between the Statutes of the Autonomous Communities may not involve in any case, economic or social privileges.
139.
1. All the Spanish have the same rights and obligations in any part of this State.
2. No authority may adopt measures which directly or indirectly hinder freedom of movement and establishment of persons and free movement of goods throughout the Spanish territory.
CHAPTER TWO
LOCAL ADMINISTRATION
Article 140.
The Constitution guarantees the autonomy of municipalities.
These shall enjoy full legal personality. Their government and administration corresponds to their respective Town Councils, consisting of Mayors and Councilors. The Councilors shall be elected by the residents of the municipality by universal and equal suffrage, free, direct and secret ballot in the manner prescribed by law Mayors are elected by the councilors or by the neighbors. The law regulates the conditions under which the regime applicable open council.
Article 141.
1. The province is a local entity with legal personality, determined by the grouping of municipalities and territorial division for the performance of government activities. Any change of provincial boundaries must be approved by the Parliament through Act.
2. The government and autonomous administration of the provinces shall be entrusted to Provincial corporations or other representative bodies.
3. It can create different groups of municipalities of the province.
4. In the archipelagos, the islands will also have its own administration in the form of Cabildo or Insular Council.
Article 142.
Local treasuries must have sufficient means to carry out the duties which the law accords to the respective Corporations and replenished primarily from own taxes and participation in the State and the Autonomous Communities.
CHAPTER THREE
Autonomous Communities
Article 143.
1. In exercising the right to autonomy recognized in Article 2 of the Constitution <http://www.der.uva.es/constitucional/materiales/ce.html>, bordering provinces with common historical, cultural and economic characteristics, island territories and provinces with historic regional status may accede to self and become autonomous under the provisions of this Part and in the respective statutes.
2. The initiative for the autonomy process corresponds to all the Member concerned or the corresponding inter-organ and two thirds of the municipalities whose population represents at least a majority of the electorate of each province or island. These requirements must be met within six months of the first resolution adopted thereon by any of the local authorities concerned.
3. The initiative, if not prosper, but may be renewed after five years.
Article 144.
The Parliament, by Act, may, on grounds of national interest:
a) authorize the establishment of an Autonomous Community when its territorial area does not exceed that of a province and not fulfilling the conditions of paragraph 1 of Article 143 <http://www.der.uva.es/constitucional/materiales/ce.html >.
b) Authorize or grant, as appropriate, a Statute of Autonomy to territories which are not integrated into the provincial organization.
c) Replace the initiative of the local Corporations referred to in paragraph 2 of Article 143 <http://www.der.uva.es/constitucional/materiales/ce.html>.
Article 145.
1. Under no circumstances will admit the federation of Autonomous Communities.
2. The Statutes may provide for the circumstances, conditions and terms under which the Autonomous Communities may reach agreements among themselves to manage and provide services pertaining to them, and the nature and purposes of the relevant communication to Parliament. In other cases, cooperation agreements between the Autonomous Communities need the approval of Parliament.
Article 146.
The draft regulations are prepared by an assembly composed of members of the Provincial Council or inter-island body of the affected provinces and for the Deputies and Senators elected in them and will be elevated to Parliament for its enactment into law
Article 147.
1. Under the terms of this Constitution, the Statute shall be the basic institutional norm of each Autonomous Community and the State shall recognize and protect them as part of its legal system.
2. The Statute of Autonomy must contain:
a) The name of the Community which best corresponds to its historical identity.
b) The demarcation of their territory.
c) The name, organization and host its own autonomous institutions.
d) The powers assumed within the framework established in the Constitution and the basis for the transfer of services related to them.
3. The reform of the statutes into conformity with the procedure laid down therein and require in any case, approval by the Parliament, by Act.
Article 148.
1. Autonomous Communities may assume competences in the following areas:
o Organization of their institutions of self government.
or alterations of municipal boundaries within their territory and, in general, the functions appertaining to the State Administration of local corporations and whose transfer authorized by legislation on Local Government.
or Planning, urbanism and housing.
or public works of interest to the Autonomous Community in its own territory.
or Railways and roads whose routes lie exclusively within the territory of the Autonomous Community and in the same terms, the transport by the above means or by cable.
or ports of refuge, ports and airports and, in general, not engaged in commercial activities.
o agriculture, according to the overall management of the economy.
or woodlands and forest.
or management in protecting the environment.
or projects, construction and operation of the use of water, canals and irrigation of interest to the Autonomous Community; mineral and thermal waters.
or inland water fishing, shellfish and aquaculture, hunting and river fishing.
or domestic fairs.
o The promotion of economic development in the Autonomous Community within the objectives set by national economic policy.
or crafts.
or museums, libraries and music conservatories of interest to the Autonomous Community.
or monuments of interest to the Autonomous Community.
o The promotion of research culture and, where appropriate, teaching of the language of the Autonomous Community.
o Promotion and management of tourism within its territorial area.
o Promotion of sport and the proper use of leisure.
or social assistance.
or Health and hygiene.
o The monitoring and protection of its buildings and facilities. Coordination and other powers relating to local police forces in the terms established by an organic law.
2. After five years, and through reform of its statutes, the Autonomous Communities may in turn expand their skills within the framework established in Article 149 <http://www.der.uva.es/constitucional/materiales/ce.html>.
Article 149.
1. The State has exclusive jurisdiction over the following matters.
o The regulation of basic conditions guaranteeing the equality of all the Spanish in the exercise of rights and in fulfilling their constitutional duties.
or nationality, immigration, emigration, immigration and asylum.
or international relations.
or Defense and Armed Forces.
or Administration of Justice.
or commercial law, criminal and penitentiary; procedural legislation, without prejudice to the necessary specialties in these fields arising from the particularities of the substantive law of the Autonomous Communities.
or labor law, without prejudice to its execution by bodies of the Autonomous Communities.
or Civil legislation, without prejudice to the preservation, modification and development by the Autonomous Communities of civil rights or special foral, where they exist. In any case, the rules concerning the implementation and effectiveness of legal norms, civil legal relations concerning the forms of marriage, keeping of records and public instruments, bases of contractual obligations, rules for resolving conflicts of laws and identification of sources of law, with respect, in the latter case, the rules of law or special foral.
or legislation on intellectual property.
customs and tariff regime or, external trade.
or Monetary system: foreign currency, exchange and convertibility; bases for the regulation of credit, banking and insurance.
or legislation on weights and measures, determining the official time.
or bases and coordinating the overall planning of economic activity.
or general finances and the State Debt.
o Promotion and general coordination of scientific and technical research.
or the Health Pool. Bases and general coordination of health. Legislation on pharmaceutical products.
or Basic Law and financial system of Social Security, without prejudice to the performance of their services by the Autonomous Communities.
o The basis of the legal regime of public administrations and the statutory scheme of its officials in any case, to ensure a common treatment administered to them, the common administrative procedure, without prejudice to the special features of the proper organization of the Autonomous Communities, legislation on eminent domain, basic legislation on contracts and administrative concessions and the accountability system for all public administrations.
or Sea fishing, without prejudice to the powers in the management of the sector assigned to the Autonomous Communities.
or merchant marine vessels and flag, lighting of coasts and maritime signals, ports of general interest, airports of general interest, control of airspace and air traffic, weather and aircraft registration.
or railways and land transport crossing through the territory of more than one Autonomous Community, comprehensive communications system, traffic and motor vehicle traffic, post and telecommunications, air and underwater cables and radiocommunications.
or Legislation, regulation and provision of resources and use of water when the water runs for more than one Autonomous Community, and authorization of electrical installations when their use affects another community or the transport of energy out of its territory.
or Basic legislation on environmental protection, without prejudice to the powers of the Autonomous Communities to establish additional standards of protection. The basic legislation on woodlands, forestry and cattle trails.
or public works of general benefit or whose execution affects more than one Autonomous Community.
or Bases of mining and energy.
or mode of production, sale, possession and use of weapons and explosives.
Basic rules or press, radio and television and, in general, all media, without prejudice to the powers it is developed and implemented by the Autonomous Communities.
or defense of cultural, artistic and monumental Spanish against exportation and spoliation; museums, libraries and archives to the State, without prejudice to their management by the Autonomous Communities.
or public security, without prejudice to the possible creation of police forces by the Autonomous Communities in the manner established in the respective statutes under which an organic act.
or Regulation of the conditions for obtaining, issuing and recognition of academic and professional qualifications and basic rules for the implementation of Article 27 of the Constitution to <http://www.der.uva.es/constitucional/materiales/ce.html> ensure compliance with the obligations of public authorities in this matter.
or statistics for state purposes.
or Authorization for the convocation of popular consultations via referendum.
2. Without prejudice to the powers that be take the Autonomous Communities, the State consider the service of culture a duty and an essential function and facilitate cultural communication among the Autonomous Communities, in accordance with them.
3. Matters not expressly assigned to the State by this Constitution may fall to the Autonomous Communities, under their respective statutes. The jurisdiction over the matters that have not been assumed by the Statutes of Autonomy for the State whose laws shall prevail in case of conflict, the Autonomous Communities in everything that is not attributed to the exclusive jurisdiction of these. State law shall in any case, the residual right of the Autonomous Communities.
Article 150.
1. The Cortes Generales, in matters of state jurisdiction, may allocate all or any of the Autonomous Communities the power to make for themselves, legislation within the framework of the principles, bases and guidelines set by state law. Without prejudice to the jurisdiction of the Courts, each Act will be established under the modality of control of the Parliament on such legislation in the Autonomous Communities.
2. The State may transfer or delegate to the Autonomous Communities, by Act, powers for state-owned material that by its very nature susceptible of transfer or delegation. The law shall, in each case the corresponding transfer of financial means and forms of control to be retained by the State.
3. The State may enact laws establishing the principles necessary to harmonize the regulations of the autonomous regions, even in the case of matters attributed to competition from these, when so required by the general interest. It is up to Parliament by an absolute majority of each House, the appreciation of this need.
Article 151.
1. It will be necessary to wait a period of five years referred to in paragraph 2 of Article 148 <http://www.der.uva.es/constitucional/materiales/ce.html> the initiative for the autonomy process is agreed upon within the term<http://www.der.uva.es/constitucional/materiales/ce.html> article 143.2, in addition to the Provincial Councils or corresponding inter bodies by three-quarters of the Municipalities of each of the affected provinces representing at least a majority of the electorate of each and said initiative is ratified by referendum by the affirmative vote of an absolute majority of voters in each province, in the terms established by an organic law (Ley Orgánica 2 / 1989 of 18 January, regulating the various forms of Referendum – BOE. 23 January 1980).
2. In the case referred to in the preceding paragraph, the procedure for drafting the statute is as follows:
o The Government shall summon all the Deputies and Senators elected in the districts within the territorial area seeking access to self-government to be established in Assembly for the sole purpose of drawing up the relevant draft Statute of Autonomy, by agreement absolute majority of its members.
or Once the draft Statute by the Parliamentary Assembly shall be forwarded to the Constitutional Committee of Congress which, within two months, discuss with the cooperation and assistance of a delegation from the Assembly proposing to establish by agreement its final form.
o If agreement is reached, the resulting text will be submitted to a referendum of the electorate of the provinces within the territorial scope of the proposed Statute.
o If the draft Statute is approved in each province by the majority of the votes validly cast, will be elevated to Parliament. The Plena of both houses decide upon the text by a vote of ratification. Adopted the Statute, the King shall sanction and promulgate it as law
or not reached the agreement referred to in paragraph 2. of this number, the draft regulations are dealt with as a bill before the Parliament. The text adopted by these will be submitted to a referendum of the electorate of the provinces within the territorial scope of the proposed Statute. If approved by a majority of votes validly cast in each province, shall be promulgated in the foregoing paragraph.
3. In the case of paragraphs 4. and 5. the previous section, the failure to approve the draft statute for one or more provinces do not prevent the Constitution from the rest of the Autonomous projected in the form prescribed by the Act referred to in paragraph 1 of this article.
Article 152.
1. In the Statutes approved by the procedure referred to in the preceding article, the institutional organization was based on an autonomous legislature elected by universal suffrage under a system of proportional representation which shall also assure the representation of different parts of the territory , a Governing Council with executive and administrative functions, and a President elected by the Assembly from among its members and appointed by the King, which has the direction of the Governing Council, the supreme representation of the respective communities and the ordinary in that state. The President and Council members shall be politically accountable to the Assembly.
A Superior Court of Justice, subject to the jurisdiction for the Supreme Court, head of Judicial Power in the territory of the Autonomous Community. The Statutes of the Autonomous Communities may establish assumptions and forms of participation by those in the organization of the judicial districts of the territory. All in accordance with the provisions of this Act independence.
Without prejudice to Article 123 <http://www.der.uva.es/constitucional/materiales/ce.html>, successive procedural instances, if any, be exhausted before judicial bodies located in the same territory of the Autonomous Region in that the competent body in the first instance.
2. Once sanctioned and promulgated the respective statutes, but may be amended by the procedures laid down therein and a referendum of the electors registered in the corresponding electoral rolls.
3. By grouping bordering municipalities, the statutes may establish their own territorial constituencies which shall enjoy full legal personality.
Article 153.
Control of the activity of the organs of the Autonomous Communities shall be exercised:
a) by the Constitutional Court, concerning the constitutionality of its statutes having the force of law
b) For the Government, after consulting the State Council, the exercise of delegated functions referred to in paragraph 2 of Article 150 <http://www.der.uva.es/constitucional/materiales/ce.html> .
c) the administrative court, the autonomous administration and its regulations.
d) the Court of Auditors, the economic and budget.
Article 154.
A delegate appointed by the Government direct the administration of the State in the territory of the Autonomous Community and coordinate, where appropriate, with the Community’s own administration.
Article 155.
1. If an Autonomous Community does not fulfill the obligations that the Constitution or other laws impose, or acts in a way that is seriously prejudicial to the interest of Spain, the Government, upon request to the President of the Autonomous Community and, if not treated with the approval of the Senate by an absolute majority, adopt the measures necessary to force that forced compliance with those obligations or for the protection of that interest.
2. For the implementation of the measures provided in the preceding paragraph, the Government may issue instructions to all authorities of the Autonomous Communities.
Article 156.
1. The Autonomous Communities shall enjoy financial autonomy for the development and implementation of their powers under the principles of coordination with the State Treasury and solidarity among all Spanish.
2. The Autonomous Communities may act as delegates or agents of the State for the collection, management and settlement of tax revenues from that, according to the Laws and Statutes.
Article 157.
1. The resources of the Autonomous Communities shall consist of:
a) Taxes wholly or partly by the State, surcharges on State taxes and other shares in State revenue.
b) their own taxes, fees and special levies.
c) Transfers from an inter-territorial compensation fund and other allocations from the general State budget.
d) Revenues accruing from their property and private law income.
e) The proceeds of the credit operations.
2. The Autonomous Communities may under no circumstances introduce measures taxes on property located outside its territory or hinder the free movement of goods or services.
3. Act may be regulated through the exercise of financial powers set out in paragraph 1 above, the rules for resolving conflicts that may arise and possible forms of financial cooperation between the Autonomous Communities and the State.
Article 158.
1. In the State Budget may grant a temporary assignment to the Autonomous Communities depending on the amount of State services and activities they have undertaken and the guarantee of a minimum level in the provision of basic public services throughout Spanish territory.
2. In order to correct economic imbalances between areas and realize the principle of solidarity, constitute a compensation fund intended for capital expenditure, whose resources will be distributed by the Parliament among the autonomous regions and provinces, where appropriate.
TITLE IX
THE CONSTITUTIONAL COURT
Article 159.
1. The Constitutional Court consists of 12 members appointed by the King, of whom four by the Congress for three-fifths majority of its members, four nominated by the Senate with the same majority, two by the Government and two by the General Council of Judicial Power.
2. The members of the Constitutional Court shall be appointed among magistrates and prosecutors, university professors, civil servants and lawyers, all lawyers of recognized standing with more than fifteen years of professional experience.
3. Members of the Constitutional Court shall be appointed for a period of nine years and is renewed by thirds every three years.
4. Membership of the Constitutional Court is incompatible: with all representative mandate, with political or administrative positions, with the performance of duties in a political party or trade union and employment in the service of the same, with the exercise of judicial and prosecutorial career, and with any professional or commercial activity.
In addition, members of the Constitutional Court will have the incompatibilities of the members of the judiciary.
5. The members of the Constitutional Court shall be independent and irremovable during their term.
Article 160.
The President of the Constitutional Court shall be appointed among its members by the King at the proposal of the Court and for a period of three years.
Article 161.
1. The Constitutional Court has jurisdiction throughout the Spanish territory and jurisdiction.
a) appeals of unconstitutionality of laws and statutes having the force of law the declaration of unconstitutionality of a legal rule with force of law, as interpreted by case law, affect this, although the sentence or sentences will not lose the value of res judicata.
b) The amparo appeal for violation of the rights and freedoms contained in Article 53.2 of this Constitution <http://www.der.uva.es/constitucional/materiales/ce.html>, where and forms established by law.
c) Conflicts of jurisdiction between the State and the Autonomous Communities or between those organizations.
d) other matters assigned by the Constitution or the Organic Laws.
2. The Government may appeal to the Constitutional Court against provisions and resolutions adopted by organs of the Autonomous Communities. The challenge will result in the suspension of the contested provisions or resolutions, but the Court, if necessary, should ratify or lift within a period not exceeding five months.
Article 162.
1. Are entitled to:
a) lodge the constitutional complaint, the Prime Minister, the Ombudsman, fifty Deputies, fifty Senators, the Executive body of the Autonomous Communities and, where appropriate, the Assemblies of the same.
b) lodge an amparo, any natural or legal person claiming a legitimate interest and the Ombudsman and the Prosecutor.
2. In other cases, the Act shall determine the persons and bodies entitled.
Article 163.
When a court considers, in some action, that a regulation having the force of law applicable to the case, whose validity depends on the fault, may be contrary to the Constitution, raise the matter before the Constitutional Court in the cases, as and for the purposes established by law, in no case shall be suspensive.
Article 164.
1. The Constitutional Court rulings are published in the Gazette with opinions, if any. They have the force of res judicata from the day following its publication and no appeal against them. Those declaring the unconstitutionality of a law or a rule having the force of law and all that are not limited to the subjective estimation of a law, be fully binding on all.
2. Unless the ruling otherwise, shall remain in force of the Law in the part not affected by unconstitutionality.
Article 165.
An Act regulating the functioning of the Constitutional Court, the status of its members, the procedure before it and the conditions for the exercise of stock.
TITLE X
CONSTITUTIONAL REFORM
Article 166
The constitutional reform initiative is exercised as provided in paragraphs 1 and 2 of Article 87 <http://www.der.uva.es/constitucional/materiales/ce.html>.
Article 167.
1. The draft constitutional amendments must be approved by a three fifths majority of each of the chambers. If no agreement between them, are trying to get through the creation of a committee of equal representation of representatives and senators, to submit a text to be voted by Congress and the Senate.
2. Failing approval by the procedure in paragraph above, provided that the text has been the vote of an absolute majority in the Senate, the Congress for two-thirds majority may pass the amendment.
3. Reform approved by Parliament, will be submitted to referendum for ratification at their request, within fifteen days of its approval, a tenth of the members of either House.
Article 168.
1. When proposing the complete revision of the Constitution or a partial <http://www.der.uva.es/constitucional/materiales/ce.html> affect the Preliminary Title, Chapter II, Section I of Title One <http : / / www.der.uva.es / constitutional / materials / ce.html>, or Part II <http://www.der.uva.es/constitucional/materiales/ce.html>, proceed to the principle approval by two-thirds majority of each chamber, and the immediate dissolution of the Cortes.
2. The Chambers elected must ratify the decision and proceed to examine the new constitution, which must be approved by a majority of two thirds of both Houses.
3. Reform approved by Parliament, will be submitted to referendum for ratification.
169.
May not be initiated constitutional reform in time of war or under any of the statements provided in theArticle 116 <http://www.der.uva.es/constitucional/materiales/ce.html>.
ADDITIONAL PROVISIONS
First.
The Constitution protects and respects the historical rights of the territories foral.
The general updating of the Foral regime was carried out, where appropriate, under the Constitution and the Statute of Autonomy.
II.
The declaration regarding coming of age contained in Article 12 of this Constitution <http://www.der.uva.es/constitucional/materiales/ce.html> not harm the situations covered by the Foral rights in the field of Private Law .
Third
The amendment of financial and tax system of the Canary archipelago require previous report from the Autonomous Community or, where appropriate, the interim body Autonomy.
Fourth
In the Autonomous Communities which they are situated more than one Territorial Court, the Statute of Autonomy may maintain the existing distributing jurisdiction among them, always in accordance with the Organic Law of the judiciary and within the unity and independence this.
TRANSITIONAL PROVISIONS
First.
In territories with a provisional regime of autonomy, their higher corporate bodies, by resolution adopted by an absolute majority of its members, the initiative may replace paragraph 2 of Article 143 <http://www.der.uva.es / constitutional / materials / ce.html> attributed to the Provincial Councils or corresponding inter bodies.
II.
The territories which in the past have, by plebiscite, approved draft Statutes of Autonomy and which at the time of promulgation of this Constitution, interim autonomy regimes, may proceed immediately in the manner contemplated in paragraph 2 of Article 148 <http:/ / www.der.uva.es / constitutional / materials / ce.html>, when so decides by an absolute majority, higher corporate pre-autonomous bodies, informing the Government. The draft regulations are prepared in accordance with Article 151, number 2 <http://www.der.uva.es/constitucional/materiales/ce.html> be convened by the autonomic collegial body.
Third.
The Autonomy Process Initiative by the local authorities or their members, provided in paragraph 2 of Article 143 <http://www.der.uva.es/constitucional/materiales/ce.html>, shall be postponed with all its effects until the conclusion of the first local elections after the Constitution in force.
Fourth.
1. In the case of Navarra, and purpose of its incorporation to the General Basque Council or to the autonomous Basque institutions which may replace, rather than laid down in Article 143 of the Constitution <http://www.der.uva.es/constitucional / materials / ce.html>, the initiative for the national competent Foral, which took its decision by a majority of its component members. For the validity of this initiative will further require that the decision of the competent “Foral” organ is ratified by a referendum expressly held for this purpose and approved by a majority of valid votes cast.
2. If the initiative does not succeed, can only be repeated during a different period of office of the competent “Foral” organ, and in any event when the time period that sets the minimumArticle 143 <http://www.der.uva.es/constitucional/materiales/ce.html>.
Fifth.
The cities of Ceuta and Melilla may become autonomous if they choose their respective Town Councils, a resolution adopted by an absolute majority of its members and this is allowed by the Parliament, by Act, as provided in Article 144 <http://www.der.uva.es/constitucional/materiales/ce.html>.
Sixth.
When referred to the Constitutional Committee of Congress several draft statute was ruled by the order of entry into that, and within two months referred to in Article 151 <http://www.der.uva.es / constitutional / materials / ce.html> should run from the Committee to complete the study for such project that has successively examined.
Seventh.
Provisional self-government bodies shall be deemed dissolved in the following cases:
a) Once constituted bodies established by the Statutes of Autonomy passed in conformity with this Constitution.
b) In the event that the initiative for the autonomy process not be successful for not meeting the requirements of section 143 <http://www.der.uva.es/constitucional/materiales/ce.html>.
c) If the agency has not exercised the right recognized <http://www.der.uva.es/constitucional/materiales/ce.html> the first transitory provision within three years.
Eighth.
1. The chambers have approved this Constitution shall assume, following the entry into force of the same, functions and powers which it brought, respectively, for the House and Senate, but shall in no case extend its mandate beyond the June 15, 1981.
2. For the purposes defined in Article 99 <http://www.der.uva.es/constitucional/materiales/ce.html>, the promulgation of the Constitution be regarded as constitutional course where appropriate its implementation. To this end, from the above passage will open a period of thirty days to implement the provisions thereof.
During this period, the current President of the Government assuming the functions and powers to that office establishes the Constitution, may choose to use the authority conferred by Article 115 <http://www.der.uva.es/constitucional / materials / ce.html> or pass through the resignation, the application of the provisions in Article 99 <http://www.der.uva.es/constitucional/materiales/ce.html>, remaining in this last case in the situation envisaged in paragraph 2 of Article 101 <http://www.der.uva.es/constitucional/materiales/ce.html>.
3. In case of dissolution, as stipulated in Article 115 <http://www.der.uva.es/constitucional/materiales/ce.html> and if he had not developed as legally provided for in Articles 68 <http : / / www.der.uva.es / constitutional / materials / ce.html> and 69 <http://www.der.uva.es/constitucional/materiales/ce.html>, shall apply in the elections rules previously, with the sole exceptions of that in terms of ineligibility and incompatibilities directly applied as provided in Section Two of theb) of paragraph 1 of Article 70 of the Constitution <http://www.der.uva.es/constitucional/materiales/ce.html> and the same provisions regarding the voting age and laid down in Article 69, 3 <http://www.der.uva.es/constitucional/materiales/ce.html>.
Ninth.
Three years after the first election of members of the Constitutional Court shall be by lot for the appointment of a panel of four members of the same electoral origin who are to resign and be replaced. For this sole purpose shall be grouped as members of the same source to both appointed on the proposal of the Government and the two that come from that made by the Supreme Judicial Council. Similarly proceed further three years elapsed between the two groups not affected by the previous draw. Thereafter it shall be as provided in item 3 of Article 159 <http://www.der.uva.es/constitucional/materiales/ce.html>.
REPEALING PROVISION
1. Is repealed Act 1 / 1977 of January 4, for political reform and, in so far as not already repealed by the aforementioned Law, the Fundamental Principles of the Movement of 17 May 1958, the Privilege of the Spanish of 17 July 1945, the Labor of 9 March 1938, the Constitutive Act of the Parliament of 17 July 1942, the Law of Succession to the Head of State of 26 July 1947, all they modified by Organic Law of the State of 10 January 1967 and under the same terms and the latter the National Referendum of 22 October 1945.
2. As long as he could retain some validity, it is considered definitively repealed the Royal Decree of 25 October 1839 in what could affect the provinces of Alava, Guipuzcoa and Vizcaya.
In the same terms are considered definitively repealed the Act of 21 July 1876.
3. Also repealed any provisions contrary to the provisions of this Constitution.
FINAL PROVISION
This Constitution shall enter into force on the date of the publication of its official text in the Official Gazette. It also published in other languages of Spain.