Spanish Parliamentary Procedures: A Comprehensive Guide

Posted on Nov 11, 2024 in Law & Jurisprudence

1. Parliamentary Groups: Concept and Legal Nature

Concept

The Parliament consists of a variable number of members, with some continuity and organization, expressing political pluralism, and serving the public relevance of Parliament.

Legal Nature

Different interpretations exist regarding the legal nature of parliamentary groups:

  • Associations with public or private functions.
  • Parliamentary bodies.
  • Entities with autonomous legal personality, even outside the chamber.

2. Parliamentary Groups: Composition

Congress

(Congress Rules of Procedure, Articles 23 et seq.)

Requirements (two possibilities):

  • 15 deputies.
  • 5 deputies + 15% of votes in constituencies where they ran (e.g., PNV) or 5% nationally (e.g., UTI).

A party can only have one group.

Senate

(Senate Rules of Procedure, Articles 27 et seq.)

Requirement: 10 senators.

Territorial Groups: Three senators elected in the same area of a mixed Autonomous Community.

Joint Group: Several members of various non-affiliated parties.

Non-Affiliated Members: Those not enrolled in any parliamentary group. They may have been expelled from a parliamentary group and have less intervention in the parliamentary processes.

3. Legislative Initiative (Article 87, Spanish Constitution)

Government

(Article 87.1, Spanish Constitution)

Bills, after a pre-legislative procedure.

Parliamentary

(Article 87.1, Spanish Constitution)

Proposed legislation:

  • Congress – 15 members or 1 parliamentary group.
  • Senate – 25 senators or 1 parliamentary group.

The government can oppose the haste in consideration of the bill if it involves credit increases or expense decreases.

Autonomous Communities

(Article 87.2, Spanish Constitution)

Proposition of law, processed by the Autonomous Assembly.

Two ways:

  • Direct: Appointment of a presentation to the Congress committee.
  • Indirect: Request the Government to present a bill.

Popular Legislative Initiative

(Article 87.3, Spanish Constitution, Organic Law 3/1984)

Proposition of law, 500,000 signatures from registered voters.

Material limits: Organic laws, international treaties, tax law, or matters of grace (e.g., amnesty).

Withdrawal of Legislative Initiative

  • Bills: The Government, at any time before the final adoption of the law.
  • Propositions: The proposer, before it is taken into consideration by Parliament.

4. Government Policy: Censure

(Articles 113 and 114, Spanish Constitution)

A checking instrument for maintaining the parliamentary confidence expressed in the investiture.

Constructive character: The motion must present an alternative candidate.

Process (only Congress of Deputies):

  • Initiative: One-tenth of the deputies. If it fails, another motion cannot be submitted in the same session.
  • Debate (similar to investiture), without necessary intervention of the Prime Minister:
  • Defense of the motion by its signatories.
  • Statement of the proposed candidate for the Presidency of the Government, expressing their political program.
  • Debate by the parliamentary groups.
  • The alternative candidate is invested if they obtain an absolute majority of votes.
  • Parliament cannot be dissolved while a motion of censure is being processed.

5. The President of the Government: Election

Regular Election

(Article 99, Spanish Constitution)

  1. Proposal of appointment: The King, after consultation with representatives nominated by the parliamentary groups and the Congress President, proposes a candidate.
  2. Discussion of appointment: The nominee presents their political program to Congress and seeks the confidence of the chamber.
  3. Vote: If there is an absolute majority, the King appoints the candidate by royal decree. If there is no absolute majority, a new vote is held 48 hours later. If there is a simple majority, the King appoints the candidate. If there is no simple majority, the procedure restarts. If two months pass without investiture, Parliament is dissolved.

Motion of Censure

(Article 113, Spanish Constitution)

6. Government Cessation

Assumptions:

  1. General elections: On the day of the elections.
  2. Loss of parliamentary confidence: The day the motion of confidence is approved or rejected.
  3. Death or resignation of the President of the Government.
  4. Resignation of the Government.

Caretaker Government

(Article 21, Government Law)

“Facilitating the development of the normal process of forming the new government and the transfer of powers and limiting itself to the management of the ordinary office of public affairs…”

Prohibited Functions:

  1. Proposing the dissolution of Parliament.
  2. Proposing the convening of a referendum.
  3. Raising the issue of confidence.
  4. Approving the Budget Bill.
  5. Presenting draft laws to the Courts General.
  6. Exercising legislative delegation.