Understanding Organic Laws: Scope, Approval, and Relation to Ordinary Laws
Organic Laws
Identification
Article 81 of the Spanish Constitution (EC) establishes the concept of Organic Law, complemented by formal requirements.
Concept: Material Scope
Organic laws pertain to specific matters as outlined in Article 81.1 EC. These include: development of fundamental rights and public freedoms (Art. 15-29 EC), approval of Statutes of Autonomy, the general electoral system, and other matters specified in the Constitution (e.g., Act 20). Most organic laws concern the institutional and territorial organization of the state, but also address topics like the ombudsman and succession to the crown.
The Constitution exclusively determines which matters fall under the scope of organic law.
The Constitutional Court (TC) emphasizes the exceptional and restrictive nature of organic laws, aiming to prevent excessive rigidity in the legal system. The TC has defined the substantive scope:
- For “development of fundamental rights and public freedoms,” the reservation applies only to rights in Section 1, Chapter II of Title I of the EC (Art. 15-29).
- The “general electoral system” encompasses rules for general elections of state representative institutions, excluding those in the Constitution and Statutes of Autonomous Communities (CCAA).
Concept: Formal Requirements
Organic Laws require a special approval process, needing a broader consensus than ordinary legislation. Article 81.2 EC mandates an absolute majority in the Congress of Deputies for adoption, amendment, or repeal in a final vote on the entire bill. This vote occurs before sending the bill to the Senate and must be repeated if the Senate amends the text.
Additional limits include:
- Exclusion of delegation to Standing Legislative Committees.
- Inability to be regulated by legislative decrees or decree-laws.
- Exclusion of matters reserved to organic law from popular legislative initiatives.
- Organic laws are exclusive to the state legislative power; there are no regional organic laws.
Organic and Related Matters
Organic laws sometimes include articles on non-organic matters, approved by an absolute majority, creating a “freezing effect.” This prevents ordinary legislators from modifying these related matters, as amendments require an absolute majority.
To mitigate this, specific provisions on related matters should allow for modification by ordinary law. Only the strictly organic articles are protected from amendment by ordinary law.
Related matters are not strictly organic but are included in an Organic Law due to their connection to organic content, serving as a complement. The TC deems it legitimate to include related matters with thematic connection, systematization, and sound legislative policy, distinguishing between organic and ordinary provisions. However, legislative abuse occurs when laws are labeled as organic despite lacking such character.
Relationship with Ordinary Law
Organic and ordinary laws have equal status and force. Their relationship is governed by the principle of competence, where each type of law operates within its constitutionally defined area. Ordinary laws cannot modify organic laws, and organic laws cannot govern matters outside Article 81 EC.
An ordinary law governing organic matters may be declared unconstitutional. Conversely, if an organic law encroaches on ordinary matters, the TC may declare it as ordinary, stripping its organic status.
Additional limits:
- Exclusion of delegation to Standing Legislative Committees.
- Inability to be regulated by legislative decrees or decree-laws.
- Exclusion of matters reserved to organic law from popular legislative initiatives.
- Organic laws are exclusive to the state legislative power; there are no regional organic laws.
Organic and Related Matters
Organic laws sometimes include articles on non-organic matters, approved by an absolute majority, creating a “freezing effect.” This prevents ordinary legislators from modifying these related matters, as amendments require an absolute majority.
To mitigate this, specific provisions on related matters should allow for modification by ordinary law. Only the strictly organic articles are protected from amendment by ordinary law.
Related matters are not strictly organic but are included in an Organic Law due to their connection to organic content, serving as a complement. The TC deems it legitimate to include related matters with thematic connection, systematization, and sound legislative policy, distinguishing between organic and ordinary provisions. However, legislative abuse occurs when laws are labeled as organic despite lacking such character.
Relationship with Ordinary Law
Organic and ordinary laws have equal status and force. Their relationship is governed by the principle of competence, where each type of law operates within its constitutionally defined area. Ordinary laws cannot modify organic laws, and organic laws cannot govern matters outside Article 81 EC. If an ordinary statute law governs matters of Organic legislation, it may be declared unconstitutional. But if the organic law invades the sphere of ordinary law, and it is not a constitutional matter, the TC may declare it as ordinary and it loses its organic status.