Parliamentary Prerogatives and Control Mechanisms in a Parliamentary Monarchy
1. Parliament’s Prerogatives
Collective Prerogatives
Parliamentary chambers possess rights essential for their function. These are not privileges, but rather guarantees of independence:
- Self-regulation: Chambers establish their internal rules and organization.
- Administration: Chambers elect governing bodies and manage internal affairs.
- Budgetary Autonomy: Chambers approve their own budgets.
- Inviolability: Parliamentary premises are inviolable, protected from external interference.
Individual Prerogatives (Art. 70 Spanish Constitution)
- Inviolability: Members cannot be sanctioned for opinions expressed in their parliamentary duties. This protection is lifelong and absolute, covering all forms of sanction.
- Immunity: Members enjoy immunity from criminal prosecution while in office, except in cases of flagrant offenses. Authorization from the chamber is required for prosecution.
- Privilege: Members are tried by the Supreme Court, ensuring impartiality.
Permanent Deputation
This body manages parliamentary affairs during recess or dissolution. Composed of at least 21 members representing parliamentary groups proportionally, it safeguards the powers of the chamber and can convene plenary sessions.
2. Parliamentary Control Instruments (Art. 66.2 Spanish Constitution)
Parliament exercises control over government action through various mechanisms:
Information Gathering
- Individual: Each member has the right to request information (Congressional Regulation, Art. 7).
- Collective: Chambers can demand the presence of government officials and public authorities (Art. 109 Spanish Constitution).
Control Procedures
- Questions: Individual inquiries on specific issues addressed to government members. Types include:
- Oral questions with full answer and debate.
- Oral questions in committee, with the option of written response within 20 days.
- Written questions.
- Interpellations: Similar to questions but address matters of general application. They involve oral responses and debate, potentially leading to a motion.
- Motions: Resolutions adopted by the chamber regarding government activity.
- Propositions (not law): Motions criticizing government inaction.
- Government Communications and Information: Government reports to the chamber or committees, followed by debate and motions.
- Government Information Requests: Chamber or committee requests for information from the government, leading to debate.
- Commissions of Inquiry: Non-permanent committees investigating matters of public interest. Findings are non-binding but can be referred to courts if criminal activity is discovered.