The Functions of the Spanish Courts: A Comprehensive Guide
Unit 19: The Functions of the Spanish Courts
I. Parliament’s Role in the System
The Spanish Constitution establishes Parliament as the representative body of the Spanish people (Art. 66.1). It holds key functions, including legislative, budgetary, and government control (Art. 66.2). These powers—creating laws, authorizing expenditures, and overseeing the government—position Parliament as a cornerstone of the constitutional system. Beyond these core functions, Parliament serves as a vital democratic forum where the government explains its actions, faces scrutiny, and debates alternatives. Public discourse within Parliament, amplified by media coverage, shapes public opinion on government performance.
However, Parliament’s authority is not absolute. Popular sovereignty dictates that the people, not Parliament, are the ultimate source of power (Art. 1.2). This limits Parliament’s freedom in matters like constitutional reform and requires popular endorsement. Additionally, Parliament is subject to the Constitution (Art. 9.1), with the Constitutional Court ensuring its legislative actions align with constitutional principles. The influence of political parties further shapes Parliament’s operations, with parliamentary groups driving much of the work. Finally, the complexities of modern governance often favor executive action, transforming Parliament’s role into one of developing government-proposed legislation and overseeing the administration.
II. Legislative Role and Procedure
The Constitution outlines various types of laws and procedures:
- Standard Procedure: Law
- Shortcut Procedures: Law Commission Act (single reading), Urgently Handled Law
- Special Procedures: Statute of Autonomy, Organic Law, Budget Law, Law of Harmonization, Framework Law, Transfer Act
Shortcut procedures expedite lawmaking without altering the type of law produced. Special procedures, however, are constitutionally mandated for specific matters like budgets (Art. 134) and laws of harmonization (Art. 150).
II.1. The Ordinary Legislative Procedure
The ordinary legislative procedure, outlined in Articles 87-91 of the Constitution and further detailed in the Regulations of Congress and Senate, governs the creation of state laws.
B) Congress of Deputies
Legislative initiatives originating in Congress or Senate undergo a process of “consideration.” This involves a plenary debate and vote. A simple majority signifies the House’s acceptance of the proposed text, which then becomes a bill. Article 134.6 mandates government consent for bills impacting budget revenues or expenditures. Amendments with similar financial implications also require government approval (Art. 111 RCD).
C) Senate
The Senate follows a similar process, requiring government approval for bills affecting finances. After consideration, the bill is sent to Congress.
D) Legislative Assemblies of Autonomous Communities
Autonomous parliaments can request the government to draft a bill or submit a bill directly to Congress (Art. 87.2).
E) Popular Legislative Initiative
Citizens can initiate legislation with at least 500,000 signatures (Art. 87.3). However, this excludes organic laws, tax laws, international treaties, and matters of prerogative of mercy. Organic Law 3/1984 further regulates this process.
II.1.2. Second Phase: Discussion and Approval (Article 90)
The process follows a set order: Congress, then Senate. If the Senate vetoes (absolute majority) or amends, the bill returns to Congress for the final decision. Discussion involves amendments, committee review and reports, and plenary debates and votes. A simple majority typically suffices for approval, unless a qualified majority is required.
B) Senate
The Senate has two months (or 20 days for urgent matters) to veto, amend, or approve the bill from Congress (Art. 90.2-3).
C) Congress
Congress can override a Senate veto with an absolute majority within two months or a simple majority thereafter (Art. 90.2). Congress decides on Senate amendments by simple majority.
II.1.3. Integration into the Legal System
Following parliamentary approval, the law requires royal assent (sanction), promulgation, and publication (Art. 91).
II.2. Laws Passed in Committee
Congress can delegate legislative approval to Standing Committees, except for matters like constitutional reform, international affairs, organic laws, framework laws, and the state budget (Art. 75.2-3).
II.3. Organic Law Procedure
Organic laws require an absolute majority in Congress for approval. Senate vetoes can only be overridden by an absolute majority in Congress.
III. The Finance Function
Parliament’s finance function encompasses taxation and budget approval. The Constitution mandates that both powers be exercised by law.
III.1. Taxing Power
The state holds exclusive authority to establish taxes through law (Art. 133.1). The Budget Law cannot exercise taxing power, except as stipulated by a substantive tax law (Art. 134.7).
III.2. Budget Power
The government holds the exclusive initiative for the annual State Budget, submitting it to Congress at least three months before the previous year’s expiry (Art. 134.1, 134.3). Parliament reviews, amends, and approves the budget, but amendments altering spending or revenue must be offset by corresponding adjustments. Certain constitutional bodies have budgetary autonomy but are included in the State Budget.
IV. Government Control and Political Responsibility
Parliament exercises both ordinary and extraordinary control over the government.
Ordinary Control: Continuous, conducted by both Houses using various instruments (requests for information, appearances of government members, questions, interpellations, motions, and commissions of inquiry). It does not lead to government dismissal.
Extraordinary Control: Sporadic, exercised solely by Congress through motions of censure and votes of confidence. It can lead to government dismissal.
IV.1. Instruments of Parliamentary Control
- Requests for Information (Art. 109): Parliament can request information from the government and other authorities.
- Appearances of Government Members (Art. 110): Ministers appear before Parliament to provide briefings and answer questions.
- Questions (Art. 111.1): Short, specific inquiries addressed to the government or individual members.
- Interpellations (Art. 111.1): Broader inquiries on general policy matters, potentially leading to motions expressing Parliament’s position.
- Motions (Art. 111.2): Resolutions expressing dissatisfaction with government performance, but not leading to dismissal.
- Commissions of Inquiry (Art. 76): Investigate matters of public interest, producing non-binding opinions.
IV.2. Extraordinary Control
This involves the mechanisms for withdrawing parliamentary confidence, specifically the motion of censure and the vote of confidence.
IV.2.1. Vote of Confidence (Articles 112 and 114.1)
The Prime Minister can request a vote of confidence on the government’s program or a general policy statement. A simple majority signifies continued confidence. Losing the vote leads to the Prime Minister’s resignation and the election of a new Prime Minister.
IV.2.2. Motion of Censure (Articles 113 and 114.2)
At least one-tenth of Deputies can propose a motion of censure, naming an alternative Prime Minister candidate. An absolute majority is required for approval. If successful, the incumbent government resigns, and the named candidate becomes Prime Minister.
V. Other Functions
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In a number of articles of the Constitution the courts are attributed to other functions that can be systematized as follows:
A) In connection with the Crown:
– The King and Crown Prince sworn in by the CortesGenerales (art. 61 EC)
– The courts may disqualify the King to exercise his office (art.59.2 EC).
– Regency: art. 59.3 CE.
– Guardianship art. 60.1 CE.
– Succession: arts. 57.3 and 5 EC.
B) For the Government:
– The courts can control the power they have to delegate to the Government to draft legislative decrees (art. 82.6 CE).
– Congress has validated the role of executive orders within thirty days (Article 86 EC) and to authorize or declare the exceptional states (art. 116 EC).
– In relation to the holding of international treaties or agreements, the Parliament has an important role attributed by the government action: the art. 93 EC requires Act to authorize the making of treaties involving the transfer to an international organization of the exercise of powers under the Constitution, Art. 94.1 EC requires the consent of both Houses for the treaties of importance.
– The authorization by the Congress of Deputies of the art advisory referendum. 92 CE, called by the King on the proposal of the Prime Minister.
– Authorization of the Senate to the Government for the Government to carry out state coercion against a particular Autonomous Community (Article 155 EC).
C) Election of members of other constitutional bodies:
– Appointment of the Ombudsman, a high commissioner for protection of the rights contained in Title I of the EC, for which purpose he may supervise the activity of the Administration and report thereon to Parliament (Article 54 EC) .
– The Court of Auditors, the body responsible for overseeing the accounts and economic management of state and public sector (Art. 136 EC) – by choosing each house six directors by a majority of 3 / 5.
– Election of eight judges of the TC: four by Congress by a majority of 3 / 5 and four by the Senate by the same majority (Article 159.1 EC).
– Election of ten members of the Supreme Judicial Council, Congress for ten three-fifths majority, and ten other members Porel Senate elects the other ten vowels by the same majority.
D) In connection with the Autonomous Communities: authorization for the Autonomous Communities may conclude cooperation agreements (Article 145.2 EC).
VI. The dissolution of Parliament.
The chambers should be dissolved after the four-year term. Also art. 115 EC provides that the Prime Minister in case it deems appropriate and after discussion by the Council of Ministers, has the power to dissolve Congress, or both Houses Senado1 and hold elections before the end of four years
since the last general election (dissolution discretionary). There are two limitations to the early dissolution, it is not possible when you are processing a motion of censure, nor until one year after the above solution, except that the dissolution would have been a result that Congress failed to invest a candidate for Prime Minister within two months from the first vote of investiture, which goes by the name of automatic dissolution (art. 99.5 CE) Also, as explained in Lesson 15, when it is planned review all or part affecting the Preliminary Title to the Section 1 of Chapter II, Title I or Title II, will approve the principle by a majority of 2 / 3 of each house and the immediate dissolution of Parliament
(Dissolution ope legis). Finally, the Transitory Eighth, in his second paragraph, provided that, upon approval of the Spanish Constitution of 1978, the Prime Minister had two options: first, to resign and be appointed Chairman of the Government’s regular, following the art. EC 99, the second dissolve Parliament and call a general election (optional transient solution). Finally, he chose the second option.