Understanding Parliamentary Privileges and Legislative Procedures in Spain

Posted on Nov 25, 2024 in Law & Jurisprudence

Parliamentary Privileges

MPs and senators benefit from special privileges, meaning they cannot be tried by ordinary courts but by the Criminal Division of the Supreme Court. This ensures impartiality and prevents undue pressure.

Permanent Deputation

The Permanent Deputation is a body responsible for managing parliamentary affairs when the chambers are not in session, such as during vacation periods or dissolution.

  • It consists of at least 21 members.
  • Representation is proportional to the parliamentary groups’ size (78 CE).
  • Functions include safeguarding the powers of the House during holiday periods (discussing issues, controlling the government) and convening the plenary session (automatically in Congress for states of alarm, emergency, or siege, or for Decree-Law recognition).
  • In case of dissolution, it protects the House’s powers, avoiding a power vacuum. Congress assumes full function for states of emergency and alarm. The deputation remains in office until the new Houses are formed and a new permanent council is established.

Legislative Functions of the Courts

Legislative Initiative

Legislative initiative rests with the Government, Congress, the Senate, the Assemblies of the Autonomous Communities, and the people. It’s the preliminary stage of the legislative procedure, starting with a consideration ruling.

Government

  • The Government promotes legislation through bills (other bodies propose bills).
  • Bills are preliminary drafts pending approval by the Council of Ministers, becoming projects submitted to Parliament.
  • Bills must include an explanatory statement detailing the background and rationale (all documentation supporting the reform).
  • The Government has priority on bills increasing expenditure or reducing income (budget authority) and on planning laws for economic activity.

Congress and Senate

  • Bills can be initiated by a parliamentary group, 15 members of Congress, or 25 senators.
  • The initiative must be considered by the respective chamber.
  • The text requires an explanatory memorandum and background information, including a cost justification report.
  • Senate initiatives, when reaching Congress, proceed directly to amendment processing.

Autonomous Communities (CCAA)

  • CCAAs can request the Government to submit a bill or ask Congress to consider a CCAA-originated bill.
  • If the initiative is a proposal to Congress, the Legislative Assembly can send 3 delegates to defend it during consideration.

Popular Initiative

  • A popular initiative is a legislative proposal requiring 500,000 valid signatures.
  • Certain matters are excluded: tax issues, international treaties, etc. Constitutional reforms and the general state budget are included.
  • Formal requirements include a preamble, documents justifying the need for consideration by Congress, and a list of sponsoring committee members, submitted to the Congress table.
  • Congress has 15 days to determine admissibility.

Causes for inadmissibility (LORIP): subject not subject to popular initiative, non-compliance with formal requirements, dealing with heterogeneous materials (lack of unity of matter), existing bill in amendment process on the same subject, existing bill in Parliament, or a previously rejected popular proposal on the same subject in the same legislature. Decisions can be appealed to the Constitutional Court.

If admissible, a 6-month period (extendable by 3 months) is granted to collect signatures. The Central Electoral Board verifies the signatures, authenticated by clerks and town clerks, sent from provincial election boards. Once accredited, a certification is issued. If a popular initiative is not accepted, a request can be made.

After signature accreditation, the consideration process begins. The text can be modified before reaching the sponsoring committee. Promoters can defend their initiative during consideration.

The principle of term expiration does not apply to popular initiatives, although the chamber can decide where to resume the process, without requiring new signatures. Developers may receive subsidies up to 30 million pesetas if the initiative reaches the parliamentary process.

Ordinary Legislative Procedure

  • Process: Congress, Senate, and potentially back to Congress.

Steps

  1. Amendment Processing: Amendments can be made to all or specific articles. Principles against government bills and Senate bills include returning the government bill or proposing an alternative text. The deadline is 15 days from publication in the Official Bulletin of the Courts. Amendments can involve deletion, modification, or addition.
  2. Overall Discussion: If the amendment affects the entire text, a debate ensues with 15-minute interventions for and against, and 10-minute position statements. This can lead to amendment rejection, approval with a request for government review, or approval with a proposed alternative text published in the Official Gazette, opening a 15-day period for article-specific amendments.
  3. Appointment of a Committee: A group of ten people discusses the text and amendments, issuing a report with the adopted and amended text.
  4. Committee Discussion and Vote: The committee discusses the report and votes on a new opinion text, often a compromise amendment.
  5. Plenary Session: Following the opinion presentation, there are 48 hours for approval, including amendments divided between the original text and alternative text with new amendments.