Political Participation Rights in the Spanish Constitution
Political Parties
Article 6 of the Spanish Constitution regulates political parties as organizations that express political pluralism, contribute to forming and expressing popular will, and are essential for political participation. While they are not state organs, their legal nature is subject to specific regulations and the general protection of freedom of association (Article 22).
The Parties Law (Act 6/2002)
This law, primarily designed to protect democracy against parties seeking to undermine it through collaboration with terrorist groups, has the following characteristics:
- Party creation is reserved for individuals of legal age in full exercise of their rights without criminal convictions for conspiracy or other unlawful acts.
- Registration grants political parties legal personality and associated rights.
- The law establishes minimum requirements for democratic internal functioning, including a general assembly composed of all members and elections conducted by free and secret ballot.
Banning of Political Parties
Act 6/2002 identifies the following behaviors as grounds for outlawing political parties:
- Systematically violating fundamental rights and freedoms.
- Promoting, encouraging, or legitimizing violence to achieve political objectives.
- Supporting terrorist organizations, including listing convicted terrorists as candidates.
The Special Chamber of the Supreme Court decides on outlawing, and its ruling can only be appealed to the Constitutional Court. Outlawing can be requested by the prosecution or the government (upon request from Congress or the Senate).
Financing of Parties
Party financing is mixed, combining private donations with public subsidies. Public subsidies cover election expenses, operating costs, or security. Private donations are limited by law, must be registered, cannot be anonymous, and cannot exceed one hundred thousand euros.
Political Participation Rights
The Right to Vote (Active Suffrage)
Political participation is formalized through the right of universal suffrage (active and passive) and the right of access to public office and functions. Realization of this right occurs:
- Directly: Through referendums, open councils, local consultations, and popular initiatives.
- Indirectly: Through electing political representatives (active voting rights) and accessing public office (passive suffrage).
Holders of the Right of Participation
Article 23.1 recognizes the right of participation only for Spanish citizens, not foreigners (except for municipal elections under Article 13.2) or legal persons. Article 13.2 allows foreigners to vote in municipal elections based on reciprocity established by treaty or law.
The Right to Stand for Office (Passive Suffrage)
Article 23.2 recognizes the right to be eligible for public office, including the right to remain in office and carry out its tasks. This right is subject to legal regulations and restrictions established by law, while maintaining the principle of equality. Article 70 establishes grounds for ineligibility and incompatibility for Deputies and Senators.
Access to Non-Elective Public Functions and Offices
This is a legal right against discriminatory decisions, ensuring the principle of equality. Access rules should be general and abstract, with merit-based requirements commensurate with the duties. The Constitutional Court has established that requirements must relate to merit and ability, although positive discrimination measures are allowed for marginalized groups.
The Right to an Effective Remedy
This right has two aspects:
- The Right to Jurisdiction: Guaranteeing access to legal proceedings, obtaining a decision based on law, and its enforcement.
- The Right to Due Process Guarantees: Based on the judiciary’s exclusive authority to issue prison sentences, the prohibition of Courts of Honor, and procedural safeguards outlined in Article 24.2.