Understanding the Spanish Parliament: Dissolution, Composition, and Powers
Dissolution of the Spanish Cortes Generales
The dissolution of the Cortes Generales can occur for several reasons:
- Relationship with the Government: The Prime Minister, after deliberation by the Council of Ministers, may propose the dissolution of the Parliament to be decreed by the King.
- Constitutional Requirements:
- Expiration of the legislature: Within four years, the expired Courts will be dissolved, and a call for general elections will be issued immediately.
- Constitutional reform: When proposing a total revision of the Constitution or a partial reform under Article 168, approval by a two-thirds majority of each House is required, leading to the immediate dissolution of the Parliament.
- Other Special Causes: The Cortes Generales exercise their powers through drafting and adopting laws, proposing appointments of certain state organ holders to His Majesty the King, and other means.
In terms of powers related to the Crown, such as authorizing war declarations and peace treaties or the King’s proclamation, the Houses meet in a joint session chaired by the President of the Congress of Deputies.
Certain decisions of special transcendence, like harmonizing provisions of the Autonomous Communities, are taken by a majority of each chamber. The Constitution distributes the initiative unevenly, favoring the Senate in most cases. Discrepancies are resolved by a Joint Commission of Senators and Deputies. If no agreement is reached, the final decision goes to Congress by absolute majority.
Composition of the Spanish Cortes Generales
The Senate
The Senate is the chamber of territorial representation, combining the representation of Autonomous Communities and provinces:
- Each Autonomous Community appoints one Senator and one more for every million inhabitants, with the appointment corresponding to the Legislative Assembly or the highest corporate body.
- Each province elects four Senators by universal, free, equal, direct, and secret suffrage.
- In insular provinces, each island or group with a Cabildo or Insular Council is an electoral district. The major islands (Gran Canaria, Tenerife, and Mallorca) elect three Senators each, while others (Ibiza, Formentera, Menorca, El Hierro, Fuerteventura, La Gomera, La Palma, and Lanzarote) elect one each.
- Ceuta and Melilla each elect two Senators.
The Senate is elected for four years, with the Senators’ mandate ending four years after their election or upon the dissolution of the House.
The Congress of Deputies
The Congress consists of a minimum of 300 and a maximum of 400 Deputies (currently 350), elected by universal, free, equal, direct, and secret ballot. All Spanish citizens in full use of their political rights are eligible electors.
- The electoral constituency for Deputies is the province.
- Electoral law distributes the total number of Deputies, assigning a minimum initial representation of two Deputies to each district (except Ceuta and Melilla, which have one each), with the remainder distributed proportionally to the population.
- Elections in each constituency follow proportional representation using the D’Hondt system.
The Congress is elected for four years, with the Deputies’ mandate ending four years after their election or upon the dissolution of the House.