Spanish State Authorities: Parliament, Government, Judiciary & Crown
ITEM 2. STATE AUTHORITIES.
2.1. THE LEGISLATURE. GENERAL COURTS.
·
ART. 66 EC.
· The Cortes Generales represent SPANISH PEOPLE AND ARE FORMED BY THE CHAMBER OF DEPUTIES AND THE SENATE.
· The Cortes Generales are inviolable. CAN NEVER BE THE JUDGE.
· Is a constitutional body, composed of two chamber represents, CONGRESS AND SENATE
· ARE DEVELOPING THE ROLE OF LAW (VOTE), PREPARE THE PRESENTING THE GOVERNMENT BUDGET AND CONTROL OF THIS ACTION.
Characterizatio STICAS:
· Constitutional bodies. IMMEDIATE ORIGIN AND BY THE EC.
· STRUCTURE bicameral. MEMBERS OF CONGRESS AND SENATE
· Is a representative body, as the ART. EC 66.1 REPRESENT THE SPANISH PEOPLE, WHO IS IN sovereignty resides.
· ES UN bodies and legislator, BECAUSE STATE LAW requires approval by both chambers, although there is some predominance of the Congress.
· Permanent body. VACATION PERIODS OF SERVICE OF CONDUCTING the permanent deputations.
ART. 68 EC. COMPOSITION OF CONGRESS
· 350 MEMBERS (between 300 and 400)
· They are elected by universal suffrage, free, equal, direct and secret.
· Proportional representation. ELECTORAL LEGISLATION ESTABLISHING THE FORMULA D’Hont SYSTEM WITH A closed and blocked lists.
· The province is the constituency. Each province is attributed at least 2 Deputies.
ART. 69 EC. COMPOSITION OF SENATE
· IS THE chamber of territorial representation. Each province elects four SENATORS by universal, free, equal, direct and secret.
· FURTHER, THE LEGISLATIVE ASSEMBLIES OF A SENATOR NAMED CCAA and another PER MILLION INHABITANTS the respective territory.
STATUS OF MEMBERS OF PARLIAMENT AND SENATORS:
· BOTH SENATORS AS MEMBERS AND IMMUNITY enjoy absolute immunity: A NOT be prosecuted for opinions expressed in the exercise of their parliamentary duties, and not to be detained except in cases of flagrante delicto and Attorney PRIOR AUTHORIZATION OF THE HOUSE (Request – ART. 71 EC).
NON-PERFORMANCE OF THE ORGANIZATION CÁ MARAS:
· REGULATION CONGRESS.
· SENATE RULES.
· CHAMBERS: FULL, COMMISSIONS AND STANDING DIPUTACIÓN.
· Research Committee.
Functions and powers of the Parliament:
· LEGISLATIVE: make laws.
· FINANCIAL BUDGETS APPROVED STATE GENERAL GOVERNMENT referred to them.
· CONTROL.
LEGISLATIVE ROLE:
Enact laws. The initiative may be:
· GOVERNMENT
· Two cameras (CONGRESS / SENATE)
· ASSEMBLIES OF SCAN
· POPULAR INITIATIVE (500,000 SIGNATURES) THAN EVER ON ORGANIC MATTER OF LAW, TAX, I NTERNATIONAL OR RELATING TO RIGHT OF GRACE.
Tramitació N: CONGRESS – SENATE – CONGRESS
·
CONGRESSIONAL COMMITTEE THAT APPLY, amendments are made by the parliamentary groups, and if adopted the text was referred to the Senate.
· Senate, also may amend or veto (the veto requires an absolute majority) TEXT REFERS TO CONGRESS AGAIN.
· CONGRESS APPROVES the final text. CAN OVERCOME THE VETO OR SIMPLE ABSOLUTE MAJORITY (if after two months). ALSO CAN OVERCOME THE SENATE AMENDMENTS BY SIMPLE MAJORITY OF CONGRESS.
ADOPTED THE STANDARD, THE KING ENDORSES (FIRM) and enacted, Published in the BOE.
FINANCIAL FUNCTION:
GOVERNMENT PRESENTS PGE (includes income and expenditure) · the cameras consideration and approval.
Doctors should be approved before the 31-12 (START OF ANNUITY) OR EXTENDING THE YEAR previous amount.
ROLE OF CONTROL:
It monitors · COMPOSITION AND ACTIVITY OF THE GOVERNMENT. Congress has a greater role. CONGRESS NAMES WHO IS THE PRESIDENT OF GOVERNMENT AND DECIDE YOUR STAY IN THE POST. · CONTROLLED CONGRESS GOVERNMENT THROUGH THE MOTION OF CENSORSHIP AND THE QUESTION OF TRUST.
HOW IS THE GOVERNMENT?
1.
The motion: IN CHOOSING THE SAME TIME TO ANOTHER PRESIDENT. – IS PRESENTED BY 1 / 10 PART OF CURRENT AND PROPOSED WITH A CANDIDATE FOR PRESIDENT.
– After discussion, the alternative candidate EXPOSES THE PROGRAM, INVOLVING THE PARLIAMENTARY GROUP AND CANDIDATE. – VOTING WITH ABSOLUTE MAJORITY OF MEMBERS OF CONGRESS.
– IF YOU WIN THE GOVERNMENT INTRODUCES THE RESIGNATION TO THE KING AND THE CANDIDATE NAMED PRESIDENT.
– YES NO ENDING, signatories thereto and may not submit another motion in the same session (6 months / 6 months). – The motion OPERA AS A SUBSTITUTE FOR ANOTHER GOVERNMENT.
2. THE QUESTION OF TRUST: THE CONGRESS IS PRESENTED TO THE PRESIDENT OF GOVERNMENT:
– PROGRAM ON A CONCRETE OR ON A GENERAL POLICY ISSUES. PRESIDENT ASKS CONGRESS TRUST to be removed by simple majority of Members in the Congress.
– IF YOU DO NOT GET submitted his resignation to King, and will elect a new chairman.
3. CONTROL MEASURES: THE BUSINESS OF EXECUTIVE.
– QUESTIONS BY THE GOVERNMENT OR A MINISTER FOR A PARLIAMENTARY.
– INTERPOL INITIATIVES THAT ARE MADE BY A MEMBER OF THE EXECUTIVE POLICY ISSUES, BUT ALSO CAN PARTICIPATE IN PARLIAMENTARY different than what was proposed. QUESTION differs from both its breadth and possibility of a debate.
– COMMISSIONS OF INQUIRY. IS A FORMAL ENVIRONMENTAL CONTROL OF PARLIAMENT ON GOVERNMENT POLICY. YOUR MEMBERSHIP IS A REFLECTION OF THE CAMERA AND ITS PURPOSE IS TO REVIEW AND CLARIFY THE FACTS UNIQUE GRAVITY lining.
2.2. THE GOVERNMENT
·
The supreme THE EXECUTIVE IS THE GOVERNMENT OR COUNCIL OF MINISTERS. · ACCORDING TO ART. 98 EC, is a collegiate organ INTEGRATED BY THE PRESIDENT, VICE PRESIDENT / S AND THE MINISTERS. · WHOSE BODY IS A WILL IS THE RESULT OF THE AGREEMENT OF WILLS OF ITS MEMBERS, TIMELY AFTER DISCUSSION, BUT THE POSITION OF CHAIRMAN AND ITS MINISTERS NOT equal.
· CENTER FOR POLICY DECISIONS.
POWERS OF THE GOVERNMENT. ART. 97 EC
–
Boss domestic and foreign policy.
– DIRECTING THE ADMINISTRATION CIVIL DEFENSE AND MILITARY AND STATE.
– It exercises executive and statutory authority under the Constitution and laws.
GOVERNMENT TRAINING DL. ART. 99 and 100 EC
– THE KING MAKES THE CONSULTATIONS WITH REPRESENTATIVES OF THE POLITICAL GROUPS, represented in parliament and through the President of Congress, nominate a candidate. – The nominee MUST EXPOSE YOUR GOVERNMENT POLICY AGENDA AND APPLY THE TRUST OF THE HOUSE, WHICH AFTER VOTE. IF YOU GET IN 1ST ABSOLUTE MAJORITY VOTE, is vested / APPOINTS PRESIDENT. BUT, 48 hours later, SIMPLE MAJORITY NEEDED. MAXIMUM 2 MONTHS TO GET SIMPLE MAJORITY (WINDING UP BY THE KING CHAMBERS and call new elections) – the King appointed him chairman. – THE PRESIDENT INTENDS TO APPOINT KING OF INDIVIDUAL MEMBERS OF GOVERNMENT MINISTERS. – 50/1997 LAW REGULATING THE OPERATION OF THE GOVERNMENT.
– The Government shall resign and call an election, IN CASES OF LOSS OF CONFIDENCE PARLIAMENTARY by resignation or death of the President.
THE PRESIDENT OF GOVERNMENT
POWERS:
1. APPOINTMENT AND DISMISSAL OF MEMBERS OF THE GOVERNMENT AND THAT THE PRESIDENT INTENDS TO HIS GOVERNMENT.
2. REPRESENT THE GOVERNMENT AND THE GOVERNMENT POLICY. WORKS BY AND ON BEHALF OF THE GOVERNMENT IN ITS RELATIONS WITH THE REMAINING STATE CONSTITUTIONAL BODIES. YOUR ACTIONS COMMITTED BY THE GOVERNMENT ACCOUNTABILITY.
3. HEADS OF GOVERNMENT ACTION AND COORDINATION FUNCTIONS OF ITS MEMBERS. ACTION PROGRAM PREPARES THE GOVERNMENT. Convene meetings, sets the AGENDA. FOR IT IS RESPONSIBLE FOR ITS IMPLEMENTATION, AND YOU SET GUIDELINES FOR ACTION TO EACH MINISTER, RHYTHM AND PRIORITIES, TO MONITOR THE IMPLEMENTATION OF THE OBJECTIVES, PERFORMANCE ENSURE CONSISTENT all government departments.
MINISTERS
–
Undetermined. DECISION OF THE PRESIDENT. – DEVELOP GOVERNMENT ACTION IN THE FIELD OF YOUR DEPARTMENT, THE RESOLUTIONS PASSED BY THE COUNCIL OF MINISTERS OR THE GUIDELINES THAT GIVES THE PRESIDENT. – Exercises regulatory power in the powers of his department and prepare draft legislation.
– OTHER powers conferred upon RULES FOR THE FUNCTIONING OF YOUR DEPARTMENT: CONTRACTUALISATION AND PROVISION OF EXPENDITURE, APPOINTMENT AND REMOVAL OF SENIOR OFFICERS, STATE REPRESENTATION IN THE AREA WHICH WILL FOLLOW.
2.3. THE JUDICIARY
– ART. 24 EC. Fundamental right to effective judicial protection. EVERYONE IS ENTITLED TO OBTAIN THE ENFORCEMENT OF JUDGES AND COURTS IN THE EXERCISE OF THEIR rights and legitimate interests without, in any case not a lack of defense. – ALSO ALL HAVE THE RIGHT TO:
:: Ordinary judge predetermined by law.
:: A defense and legal assistance.
:: To be informed of any charges against them.
:: In a public trial without undue delay and with full guarantees.
:: A TESTING USING MEDIA relevant to their defense.
:: Not to testify against himself.
:: Not to confess guilt.
:: THE PRESUMPTION OF INNOCENCE.
– The law regulates the cases where for reasons of family relationship or professional secrecy, you are not compelled to testify regarding allegedly criminal offenses. – NOTE FEATURE: INDEPENDENCE.
To guarantee their independence ARTICLES HAVE SOME MEANS:
– OPPOSITION RECRUITING to ensure their competence and independence. – TENURE OF THE POST (ONLY UNDER EXCEPTIONAL CAUSES LAW). – Seniority APPOINTMENT AND NOT BY THE GOVERNMENT. – Conflict. NO OTHER PUBLIC OR PRIVATE ACTIVITY. EXCEPTION: TEACHING. – SUBMISSION TO THE LAW. NOT OBEY none but LAW. – SELF-GOVERNMENT. GENERAL COUNCIL OF THE JUDICIARY.
– Civil, criminal and disciplinary aspects. RESPONSIBILITY OF.
2.4. The Constitutional Court
BODY NOT FORM PART OF THE JUDICIARY AND DEALING MAINLY FROM:
– Controls the constitutionality of laws. – PROTECTION OF FUNDAMENTAL RIGHTS OF THE PERSON.
It also has other functions assigned LAW AND OLCC (Organic Law on Constitutional Court).
The parliamentary monarchy
– SPANISH STATE POLICY FORM.
– THE KING IS THE HEAD OF STATE AND IS LOCATED OUTSIDE AND ABOVE THE OTHER POWERS OF THE STATE.
– REFLECTS THE STATE AND COORDINATION UNIT AND MAKES MOVING STATE AUTHORITIES.
– ART. 62 EC incumbent upon the King.
* ART. 63 EC:
Accredits ambassadors and other diplomatic representatives.
– Applicable State expressing consent to international commitments through treaties, PURSUANT TO THE EC AND LAWS. – To declare war and make peace.
* ART. 65 EC:
RECEIVES STATE BUDGETS a lump sum to the upkeep of his family and household.
– Freely appoints and dismisses A CIVIL AND MILITARY MEMBERS OF YOUR HOME.