The 1978 Constitution, approved by the Spanish people in a referendum on 6 December, came into force on 29 December of the same year.
Preamble
The Spanish Nation٫ desiring to establish justice٫ liberty٫ and security٫ and
to promote the well-being of all its members٫ in the exercise of its
sovereignty proclaims its will to: guarantee democratic coexistence within the
Constitution and the laws in accordance with a just economic and social order;
consolidate a state of law which insures the rule of law as the expression of
the popular will;
protect all Spaniards and peoples of Spain in the exercise of human rights٫
their cultures and traditions٫ languages٫ and institutions;
promote the progress of culture and the economy to insure a dignified quality
of life for all;
establish an advanced democratic society; and
collaborate in the strengthening of peaceful relations and effective
cooperation among all the peoples of the earth.
Therefore٫ the Parliament approves٫ and the Spanish people ratify the following
Constitution:
[Title ۰] Preliminary Title
Article ۱ [State Principles٫ Sovereignty٫ Form]
(۱) Spain constitutes itself into a social and democratic state of law which
advocates liberty٫ justice٫ equality٫ and political pluralism as the superior
values of its legal order.
(۲) National sovereignty belongs to the Spanish people from whom emanate the
powers of the state.
(۳) The political form of the Spanish State is the parliamentary Monarchy.
Article ۲ [National Unity٫ Regional Autonomy]
The Constitution is based on the indissoluble unity of the Spanish nation٫ the
common and indivisible homeland of all Spaniards٫ and recognizes and guarantees
the right to autonomy of the nationalities and regions which make it up and the
solidarity among all of them.
Article ۳ [Official Language]
(۱) Castilian is the official Spanish language of the state. All Spaniards have
the duty to know it and the right to use it.
(۲) The other languages of Spain will also be official in the respective
autonomous communities٫ in accordance with their Statutes.
(۳) The richness of the linguistic modalities of Spain is a cultural patrimony
which will be the objectttt of special respect and protection.
Article ۴ [Flag]
(۱) The Spanish flag is formed by three horizontal stripes: red٫ yellow٫ and
red٫ with the yellow stripe being twice as wide as each of the red stripes.
(۲) Recognition of flags and ensigns of the autonomous communities is
admissible by law. These will be used beside the flag of Spain on their public
buildings and in their official
acts.
Article ۵ [Capital Madrid]
The capital of the State is the city of Madrid.
Article ۶ [Political Parties]
Political parties express democratic pluralism٫ assist in the formulation and
manifestation of the popular will٫ and are a basic instrument for political
participation. Their creation and the exercise of their activity are free
within the observance of the Constitution and the laws. Their internal
structure and operation must be democratic.
Article ۷ [unionnnns]
Worker unionnnns and associations of employers contribute to the defense and
promotion of their own economic and social interests. Their creation and the
exercise of their activity are free within the observance of the Constitution
and the laws. Their internal structure and operation must be democratic.
Article ۸ [Armed Forces]
(۱) The Armed Forces٫ constituting the Land Army٫ the Navy and the Air Force٫
have as their mission the guarantee of the sovereignty and independence of
Spain٫ the defense of its territorial integrity and the constitutional order.
(۲) An organic law will regulate the bases of the military organization in
conformity with the principles of the present Constitution.
Article ۹ [Rule of Law]
(۱) The citizens and public powers are subject to the Constitution and the
legal order.
(۲) It is the responsibility of the public powers to promote conditions so that
liberty and equality of the individual and the groups he joins will be real and
effective; to remove those obstacles which impede or make difficult their
full implementation٫ and to facilitate participation of all citizens in the
political٫ economic٫ cultural٫ and social life.
(۳) The Constitution guarantees the principle of legality٫ the normative order٫
the publication of the norms٫ the non-retroactivity of punitive provisions
which are not favorable to٫ or which restrict individual rights٫ legal
security٫ and the interdiction of arbitrariness of public powers.
Title I Basic Rights and Duties
[Chapter ۰ General Provision]
Article ۱۰ [Human Dignity٫ Human Rights]
(۱) The dignity of the person٫ the inviolable rights which are inherent٫ the
free development of the personality٫ respect for the law and the rights of
others٫ are the foundation of political order and social peace.
(۲) The norms relative to basic rights and liberties which are recognized by
the Constitution shall be interpreted in conformity with the Universal
Declaration of Human Rights and the international treaties and agreements on
those matters ratified by Spain.
Chapter I Spaniards and Aliens
Article ۱۱ [Spanish Nationality]
(۱) Spanish nationality is acquired٫ preserved٫ and lost in accordance with
provisions established by law.
(۲) No one of Spanish birth may be deprived of his nationality.
(۳) The State may make dual nationality treaties with the
Ibero-American countries and with those which may have had٫ or have٫ a special
bond with Spain. In these countries٫ even when they do not grant their own
citizens a reciprocal right٫ Spaniards may become naturalized without losing
their nationality of origin.
Article ۱۲ [Majority]
Spaniards become adults at ۱۸ years of age.
Article ۱۳ [Aliens٫ Extradition٫ Asylum]
(۱) Aliens in Spain may enjoy the public freedoms guaranteed by the present
Title under the terms which treaties or laws may establish.
(۲) Only Spaniards shall have the rights recognized in Article ۲۳ except that
which in keeping with the criteria of reciprocity may be established by treaty
or law for the right to active and passive suffrage in municipal elections.
(۳) Extradition will only be granted in compliance with a treaty or the law in
keeping with the principle of reciprocity. Excluded from extradition are
political crimes and acts of terrorism not being considered as such.
(۴) The law shall establish the terms under which citizens of other countries
and stateless persons may enjoy the right to asylum in Spain.
Chapter II Rights and Freedoms
[Section ۰ General Provision]
Article ۱۴ [Equality]
Spaniards are equal before the law٫ without any discrimination for reasons of
birth٫ race٫ sex٫ religion٫ opinion٫ or any other personal or social condition
or circumstance.
Section ۱ Basic Rights٫ Public Liberties
Article ۱۵ [Life٫ Personal Integrity٫ No Death Penalty]
Everyone has the right to life and physical and moral integrity and in no case
may be subjected to torture or inhuman or degrading punishment or treatment.
The death penalty is abolished except in those cases which may be established
by military penal law in times of war.
Article ۱۶ [Religion٫ Belief٫ No State Church]
(۱) Freedom of ideology٫ religion٫ and cult of individuals and communities is
guaranteed without any limitation in their demonstrations other than that which
is necessary for the maintenance of public order protected by law.
(۲) No one may be obliged to make a declaration on his ideology٫ religion٫ or
beliefs.
(۳) No religion shall have a state charrrracter. The public powers shall take
into account the religious beliefs of Spanish society and maintain the
appropriate relations of cooperation٫ with the Catholic Church and other
denominations.
Article ۱۷ [Personal Liberty]
(۱) Every person has the right to liberty and security. No one may be deprived
of his liberty without observance of the provisions of this article and only in
the cases and in the form prescribed by law.
(۲) Preventive arrest may not last more than the time strictly necessary for
the investigations which tend to clarify events٫ and in every case٫ within a
maximum period of ۷۲ hours٫ the person detained must be freed or placed at the
disposal of the judicial authority.
(۳) Every person arrested must be informed immediately٫ and in a way that is
understandable to him٫ about his rights and the reasons for his arrest٫ and he
may not be forced to make a statement. The assistance of an attorney to the
arrested is guaranteed during police and judicial proceedings under the terms
established by law.
(۴) The law will regulate a process of habeas corpus so that any person who is
illegally arrested may be immediately placed at the disposal of the judiciary.
The maximum period of provisional imprisonment shall also be determined by law.
Article ۱۸ [Honor٫ Privacy٫ Home٫ Secrecy of Communication]
(۱) The right of honor٫ personal٫ and family privacy and identity is
guaranteed.
(۲) The home is inviolable. No entry or search may be made without legal
authority except with the express consent of the owners or in the case of a
flagrante delicto.
(۳) Secrecy of communications٫ particularly regarding postal٫ telegraphic٫ and
telephone communication٫ is guaranteed٫ except for infractions by judicial
order.
(۴) The law shall limit the use of information٫ to guarantee personal and
family honor٫ the privacy of citizens٫ and the full exercise of their rights.
Article ۱۹ [Freedom to Move]
Spaniards have the right to freely selectttt their residence and to travel in
the national territory. They also have the right to enter and leave Spain
freely under the conditions established by law. That right cannot be restricted
because of political or ideological motives.
Article ۲۰ [Specific Freedoms٫ Restrictions]
(۱) The following rights are recognized and protected: a) To express and
disseminate thoughts freely through words٫ writing٫ or any other means of
reproduction. b) Literary٫ artistic٫ scientific٫ and technical production٫ and
creation.
c) Academic freedom.
d) To communicate or receive freely truthful information through any means of
dissemination. The law shall regulate the right to the protection of the clause
on conscience and professional secrecy in the exercise of these freedoms.
(۲) The exercise of these rights cannot be restricted through any type of prior
censorship.
(۳) The law shall regulate the organization and parliamentary control of the
means of social communication owned by the State or any public entity and shall
guarantee access to those means by significant social and political groups٫
respecting the pluralism of society and the various languages of Spain.
(۴) These liberties find their limitation in the respect for the rights
recognized in this Title٫ in the precepts of the laws which develop it and٫
especially٫ in the right to honor٫ privacy٫ personal identity٫ and protection
of youth and childhood.
(۵) The seizure of publications٫ recordings٫ or other means of information may
only be determined by a judicial resolution.
Article ۲۱ [Assembly]
(۱) The right to peaceful٫ unarmed assembly is recognized. The exercise of this
right does not require prior authorization.
(۲) In the cases of meetings in places of public transit and of manifestations
prior notification shall be given to the authorities٫ which can only forbid
them when there are reasons based on disturbances of public order with danger
for persons or property.
Article ۲۲ [Association]
(۱) The right to association is recognized.
(۲) Associations which pursue purposes or use methods which are classified as
crimes٫ are illegal.
(۳) Associations constituted under the provisions of this article must register
for purposes of public information only.
(۴) Associations may only be dissolved or their activities suspended by virtue
of a motivated judicial order.
(۵) Secret and paramilitary associations are prohibited.
Article ۲۳ [Participation٫ Election٫ Office]
(۱) Citizens have the right to participate in public affairs٫ directly or
through representatives freely elected in periodic elections by universal
suffrage.
(۲) They also have the right to accede٫ under conditions of equality٫ to public
functions and positions٫ in accordance with the requirements established by
law.
Article ۲۴ [Legal Remedies]
(۱) All persons have the right to the effective protection of the judges and
courts in the exercise of their rights and legitimate interests٫ and in no case
may there be a lack of defense.
(۲) Likewise٫ all have the right to the ordinary judge predetermined by law٫ to
defense and assistance of an attorney٫ to be informed of the accusation made
against them٫ to a public trial without delays and with all the guarantees٫ to
utilize the means of proof pertinent to their defense٫ to refrain from
self-incrimination٫ to refrain from pleading guilty٫ and to the presumption of
innocence.
The law shall regulate the cases in which for reasons of family relationship or
professional secrecy it shall not be obligatory to make declarations concerning
allegedly criminal actions.
Article ۲۵ [Nulla Poena Sine Lege٫ Rights of Prisoners]
(۱) No one may be convicted or sentenced for actions or omissions which when
committed did not constitute a crime٫ misdemeanor٫ or administrative
infringement as established by legislation in force at that moment.
(۲) Prison sentences and security measures shall be oriented towards
reeducation and social rehabilitation and may not consist of forced labor. The
person sentenced to prison shall enjoy٫ during his imprisonment٫ the
fundamental rights contained in this chapter٫ with the exception of those which
are expressly restricted by the content of the prison sentence٫ the purpose of
the sentence٫ and the penitentiary law. In any case٫ he shall have the right to
remunerated work and the pertinent benefits of Social Security٫ as well as
access to culture and the integral development of his personality.
(۳) The Civil Administration may not impose sanctions which directly or
indirectly imply deprivation of freedom.
Article ۲۶ [No Courts of Honor]
Courts of Honor are prohibited within the framework of the Civil Administration
or professional organizations.
Article ۲۷ [Education]
(۱) Everyone has the right to education. Freedom of instruction is recognized.
(۲) The objecttttive of education shall be the full development of the human
personality in respect for the democratic principles of coexistence and the
basic rights and liberties.
(۳) The public authorities guarantee the right which will assist parents to
have their children receive the religious and moral formation which is in
keeping with their own convictions.
(۴) Basic education is obligatory and free.
(۵) The public authorities guarantee the right of all to education
through a general educational program٫ with the effective participation of all
the sectors affected٫ and the creation of educational centers.
(۶) The freedom of physical and legal persons to createeee educational centers
which respect constitutional principles٫ is recognized.
(۷) Teachers٫ parents٫ and in some cases٫ the students٫ shall participate in
the control and management of all centers maintained by the Administration with
public funds٫ under the terms established by law.
(۸) The public authorities shall inspect and standardize the educational system
so as to guarantee compliance with the laws.
(۹) The public authorities shall help the teaching centers which meet the
requirements established by law.
(۱۰) The autonomy of universities is recognized under the terms established by
law.
Article ۲۸ [unionnnns٫ Strikes]
(۱) All have the right to unite freely. The law may limit or except from the
exercise of this right the Armed Forces or Military Institutes٫ or the other
Corps subject to military discipline and shall regulate the peculiarities of
its exercise for political functionaries. Syndical liberty includes the right
to found unionnnns and to join the unionnnn of one”s choice٫ as well as
the right of the unionnnns to form confederations to found international
unionnnn organizations or to join them. No one may be forced to join a
unionnnn.
(۲) The right of workers to strike in defense of their interests is recognized.
The law which regulates the exercise of this right shall establish precise
guarantees to insure the maintenance of essential services of the community.
Article ۲۹ [Petition]
(۱) All Spaniards shall have the right to personal and collective petition٫ in
writing٫ in the form and with the effects the law shall define.
(۲) Members of the Armed Forces٫ Institutes٫ or the Corps subject to military
discipline٫ may exercise this right only individually and in accordance with
the provisions of their specific legislation.
Section ۲ Rights and Duties of Citizens
Article ۳۰ [Military٫ Civilian٫ Emergency Duties]
(۱) Citizens have the right and the duty to defend Spain.
(۲) The law shall determine the military obligations of Spaniards and shall
regulate٫ with all due guarantees٫ conscientious objecttttion as well as other
causes for exemption from compulsory military service٫ and it may٫ when
appropriate٫ impose a substitute social service.
(۳) A civilian service may be established for the accomplishment of
objecttttives of general interest.
(۴) The duties of citizens in cases of serious risk٫ catastrophe٫ or public
calamity may be regulated by law.
Article ۳۱ [Taxes]
(۱) Everyone shall contribute to the sustenance of public expenditures
according to their economic capacity through a just tax system based on the
principles of equality and progressive taxation which in no case shall be of a
confiscatory scope.
(۲) Public expenditure shall realize an equitable allocation of public
resources and its programming and execcccution shall be in keeping with
criteria for efficiency and economy.
(۳) Personal or property contributions of a public nature may only be made in
accordance with the law.
Article ۳۲ [Marriage٫ Matrimonial Equality]
(۱) Man and woman have the right to contract matrimony with full legal
equality.
(۲) The law shall regulate the forms of matrimony٫ the age and capacity for
concluding it٫ the rights and duties of the spouses٫ causes for separation and
dissolution and their effects.
Article ۳۳ [Property٫ Inheritance]
(۱) The right to private property and inheritance is recognized.
(۲) The social function of these rights shall determine the limits of their
content in accordance with the law.
(۳) No one may be deprived of his property and rights except for justified
cause of public utility or social interest after proper indemnification in
accordance with the provisions of law.
Article ۳۴ [Foundations]
(۱) The right to foundation for purposes of general interest is recognized in
accordance with the law.
(۲) The provisions of Article ۲۲ (۲) and (۴) shall also be applicable to
foundations.
Article ۳۵ [Work]
(۱) All Spaniards have the duty to work and the right to work٫ to the free
election of profession or office career٫ to advancement through work٫ and to a
sufficient remuneration to satisfy their needs and those of their family٫ while
in no case can there be discrimination for reasons of sex.
(۲) The law shall regulate a statute for workers.
Article ۳۶ [Professional Colleges٫ Degrees]
The law shall regulate the peculiarities of the legal governance of the
Professional Colleges and the exercise of professions requiring academic
degrees. The internal structure and functioning of the Colleges must be
democratic.
Article ۳۷ [Labor Agreements٫ Labor Conflicts]
(۱) The law shall guarantee the right to collective labor negotiations between
the representatives of workers and employers٫ as well as the binding force of
agreements.
(۲) The right of the workers and employers to adopt measures concerning
collective conflict is recognized. The law which shall regulate the exercise of
this right٫ without prejudice to the limitations it may establish٫ shall
include precise guarantees to insure the functioning of the essential services
of the community.
Article ۳۸ [Free Enterprise]
Free enterprise within the framework of a market economy is recognized. The
public authorities guarantee and protect its exercise and the defense of
productivity in accordance with the demands of the general economy٫ and as the
case may be٫ in keeping with planning.
Chapter III Guiding Principles of Economic and Social Policy
Article ۳۹ [Family٫ Children]
(۱) The public authorities shall assure the social٫ economic٫ and legal
protection of the family.
(۲) The public authorities shall assure the complete protection of children٫
who are equal before the law regardless of their parentage and regardless of
the marital status of their mothers. The law shall make it possible to
investigate paternity.
(۳) Parents must provide their children٫ born in or out of wedlock٫ with
assistance of every kind during the time they are minors and in other cases
where it is legally proper.
(۴) Children shall enjoy the protection provided in international agreements
which safeguard their rights.
Article ۴۰ [Economic Policies٫ Worker Protection]
(۱) The public authorities shall promote favorable conditions for social and
economic progress and for a more equitable distribution of regional and
personal income within the framework of a policy of economic stability. Special
emphasis will be placed on the realization of a policy aimed at full
employment.
(۲) Likewise٫ the public authorities shall promote a policy which guarantees
professional training and readaptation٫ insures work safety and hygiene٫ and
guarantees necessary rest through limitations on the length of the work day٫
paid periodic vacations٫ and the promotion of suitable centers.
Article ۴۱ [Social Security٫ Unemployment Benefits]
The public authorities shall maintain a public system of social security for
all citizens which will guarantee social assistance and services which are
sufficient in cases of need٫ especially in cases of unemployment. Complementary
assistance and services shall be free.
Article ۴۲ [Workers Abroad]
The state shall especially try to safeguard the economic and social rights of
Spanish workers abroad and orient its policy toward their return.
Article ۴۳ [Health Protection٫ Sports٫ Leisure]
(۱) The right to health protection is recognized.
(۲) It is incumbent upon the public authorities to organize and watch over
public health and hygiene through preventive measures and through necessary
care and services. The law shall establish the rights and duties of all in this
respect.
(۳) The public authorities shall foster health education٫ physical education٫
and sports. Likewise٫ they shall facilitate adequate utilization of leisure.
Article ۴۴ [Culture٫ Science]
(۱) The public authorities shall promote and watch over access to culture٫ to
which all have a right.
(۲) The public authorities shall promote science and scientific and technical
research for the benefit of the general interest.
Article ۴۵ [Environment]
(۱) Everyone has the right to enjoy an environment suitable for the development
of the person as well as the duty to preserve it.
(۲) The public authorities shall concern themselves with the rational use of
all natural resources for the purpose of protecting and improving the quality
of life and protecting and restoring the environment٫ supporting themselves on
an indispensable collective solidarity.
(۳) For those who violate the provisions of the foregoing paragraph٫ penal or
administrative sanctions٫ as applicable٫ shall be established and they shall be
obliged to repair the damage caused.
Article ۴۶ [National Heritage]
The public authorities shall guarantee the preservation٫ and promote the
enrichment٫ of the historical٫ cultural٫ and artistic heritage of the peoples
of Spain and the property that makes them up٫ regardless of their legal status
and their ownership. The penal law shall punish any offenses against this
heritage.
Article ۴۷ [Housing]
All Spaniards have the right to enjoy decent and adequate
housing. The public authorities shall promote the conditions necessary and
establish the pertinent norms to make this right effective٫ regulating the use
of land in accordance with the general interest to prevent speculation.
The community shall share in the increased values generated by urban activities
of public bodies.
Article ۴۸ [Participation of Youths]
The public authorities shall promote the conditions for the free and effective
participation by the young in political٫ social٫ economic and cultural
development.
Article ۴۹ [Handicapped]
The public authorities shall implement a policy of prevention٫ treatment٫
rehabilitation٫ and integration of those who are physically٫ sensorially٫ or
mentally handicapped٫ who shall be given the special attention which they
require and be afforded special protection for the enjoyment of the rights
which this Title grants to all citizens.
Article ۵۰ [Old People٫ Pensions٫ Social Services]
To citizens in old age٫ the public authorities shall guarantee economic
sufficiency through adequate and periodically updateeeed pensions. Likewise٫
and independently of the family obligations٫ they shall promote their welfare
through a system of social services which shall take care of their specific
problems of health٫ housing٫ culture٫ and leisure.
Article ۵۱ [Consumer Protection]
(۱) The public authorities shall guarantee the defense of the consumers and
users٫ protecting their safety٫ health٫ and legitimate economic interests
through effective procedures.
(۲) The public authorities shall promote the information and education of
consumers and users٫ foster their organizations٫ and hear them in those
questions which could affect them under the terms which the law shall
establish.
(۳) Within the framework of the provisions of the foregoing paragraphs٫ the law
shall regulate domestic commerce and the system of licensing commercial
products.
Article ۵۲ [Professional Organizations]
The law shall regulate the professional organizations which contribute to the
defense of their own economic interests. Their internal structure and operation
must be democratic.
Chapter IV Guarantees and Fundamental Rights
Article ۵۳ [Regulation٫ Judicial Protection]
(۱) The rights and liberties recognized in the second chapter of the present
Title are binding on all public authorities. Only by law٫ which in every case
must respect their essential content٫ could the exercise of such rights and
liberties be regulated٫ and they shall be protected in accordance with the
provisions of Article ۱۶۱ (۱) b).
(۲) Any citizen may make a claim to the liberties and rights recognized in
Article ۱۳ and the first Section of the Second Chapter before the regular
courts through a process based on the principles of preference and speed and
through the recourse before the Constitutional Court. This last recourse shall
be applicable to objecttttions of conscience recognized in Article ۳۰.
(۳) Recognition٫ respect٫ and protection of the principles recognized in the
Third Chapter shall guide positive legislation٫ judicial practice and the
actions by public authorities. They may also be argued before ordinary
jurisdiction through procedures established in the laws affecting them.
Article ۵۴ [High Commissioner٫ Parliament]
An organic law shall regulate the institution of the Defender of the People as
the High Commissioner of the Parliament٫ appointed for the protection of the
rights contained in this Title٫ for which purpose he may supervise the activity
of the administration٫ informing the Parliament of it.
Chapter V Suspension of Rights and Liberties
Article ۵۵ [Emergency٫ Siege٫ Terrorism]
(۱) The rights recognized in Articles ۱۷٫ ۱۸ (۲) and (۳)٫ ۱۹٫ ۲۰ (۱)(a) and (d)
and (۵)٫ ۲۱٫ ۲۸ (۲)٫ and Article ۳۷ (۲) may be suspended when a state of
emergency or siege is declared under the terms provided in the Constitution.
Article ۱۷ (۳) is exempted from that which was established previously in the
event of the declaration of a state of emergency.
(۲) An organic law may determine the manner and the cases in which٫ in an
individual manner and with the necessary judicial intervention and adequate
parliamentary control٫ the rights recognized in Article ۱۷ (۲) and ۱۸ (۲) and
(۳) may be suspended for certain persons with respect to investigations
havingggg to do with the activities of armed bands or terrorist elements. The
unwarranted or abusive utilization of the powers recognized in said organic law
will result in criminal responsibility as a violation of the rights and
liberties recognized by the laws.
Title II The Crown
Article ۵۶ [Head of State]
(۱) The King is the Head of State٫ the symbol of its unity and permanence. He
arbitrates and moderates the regular functioning of the institutions٫ assumes
the highest representation of the Spanish State in international relations٫
especially with the nations of its historical community٫ and exercises the
functions expressly attributed to him by the Constitution and the laws.
(۲) His title is that of “King of Spain” and he may use the others which belong
to the Crown.
(۳) The person of the King is inviolable and is not subject to responsibility.
His acts shall always be in the manner established in Article ۶۴ and shall lack
validity without that countersignature٫ except as provided for by Article ۶۵
(۲).
Article ۵۷ [Succession]
(۱) The Crown of Spain is hereditary for the successors of H.M. Don Juan Carlos
I of Borbon٫ legitimate heir of the historic dynasty. Succession to the throne
will follow the regular order of primogeniture and representation٫ the first
line always havingggg preference over subsequent lines; within the same
line٫ the closer grade over the more remote; in the same grade٫ the male
over the female; and in the same sex٫ the elder over the younger.
(۲) The hereditary Prince٫ from his birth or from the time he acquires the
claim٫ will have the title of Prince of Asturias and the other titles
traditionally linked to the successor to the Crown of Spain.
(۳) If all the lines entitled by law become extinct٫ the Parliament shall
provide for the succession to the crown in the manner which is best for the
interests of Spain.
(۴) Those persons٫ who havingggg the right to succession to the throne٫
contract matrimony against the express prohibition by the King and the
Parliament٫ shall be excluded٫ along with their descendants٫ from succession to
the Crown.
(۵) Abdications and renunciations and any doubt in fact or in
law which may occur in the order of succession to the Crown٫ shall be resolved
by an organic law.
Article ۵۸ [Queen Consort]
The Queen consort or the consort of the Queen may not assume constitutional
functions except as provided for by the Regency.
Article ۵۹ [Minority٫ Incapacity]
(۱) When the King is a minor٫ the King”s father or mother٫ in their absence
the oldest relative closest to succession to the Crown pursuant to the order
established by the Constitution٫ shall immediately exercise the Regency during
the King”s minority.
(۲) If the King becomes incapable of exercising his authority and this
incapacity is recognized by the Parliament٫ the Prince heir to the Crown shall
immediately begin to exercise the Regency if he is of age. If he is not٫ the
procedure outlined in the previous paragraph will be adhered to until the
Prince heir reaches adulthood.
(۳) If there is no person who can exercise the Regency٫ it shall be appointed
by the Parliament and shall be composed of one٫ three٫ or five persons.
(۴) In order to exercise the Regency٫ it is necessary to be Spanish and of age.
(۵) The Regency shall be exercised through constitutional mandate and always in
the name of the King.
Article ۶۰ [Tutor]
(۱) The tutor of the King who is a minor shall be the person named in the will
by the deceased King provided that he is an adult and a Spaniard by birth. If
he is not named٫ the father or the mother shall be the tutor as long as they
remain widowed. In their absence٫ the Parliament shall appoint someone٫ but the
positions of Regent and tutor may not be held by the same person except in the
case of the father٫ mother٫ or direct ascendents of the King.
(۲) The exercise of the tutorship is also incompatible with the exercise of any
office of political representation.
Article ۶۱ [Oath]
(۱) The King٫ on being proclaimed before the Parliament٫ will swear to
faithfully carry out his functions٫ to obey the Constitution and the laws and
ensure that they are obeyed٫ and to respect the rights of citizens and the
Autonomous Communities.
(۲) The Prince heir٫ when coming of age٫ and the Regent or Regents when they
assume their functions٫ will swear the same oath as well as that of loyalty to
the King.
Article ۶۲ [Competences]
It is incumbent upon the King:
a) to approve and promulgate laws;
b) to convoke and dissolve the Parliament and to call elections under the terms
provided for in the Constitution;
c) to convoke a referendum in the cases provided for in the Constitution;
d) to propose the candidate for the President of the Government and to appoint
him٫ or when required٫ to terminate his functions under the terms provided in
the Constitution;
e) to appoint and dismiss the members of the Government at the proposal of its
President;
f) to issue the decrees approved in the Council of Ministers٫ confer civilian
and military positions٫ and award honors and distinctions in accordance with
the law;
g) to be informed of the affairs of state and for this purpose preside over the
sessions of the Council of Ministers when he
deems it appropriate at the request of the President of the Government;
h) to exercise supreme command of the Armed Forces;
i) to exercise the right of clemency pursuant to a law٫ which cannot authorize
general pardons;
j) to be the High Patron of the Royal Academies.
Article ۶۳ [Foreign Relations٫ Treaties٫ War]
(۱) The King accredits ambassadors and other diplomatic representatives.
Foreign representatives in Spain are accredited before him.
(۲) It is incumbent on the King to express the consent of the State to obligate
itself internationally through treaties in conformity with the Constitution and
the laws.
(۳) It is incumbent on the King٫ after authorization by the Parliament٫ to
declare war and make peace.
Article ۶۴ [Countersignature]
(۱) The actions of the King shall be countersigned by the President of the
Government and٫ when appropriate٫ by the competent ministers. The nomination
and appointment of the President of the Government and the dissolution provided
for in Article ۹۳ shall be countersigned by the President of the House of
Representatives.
(۲) The persons who countersign the acts of the King shall be responsible for
them.
Article ۶۵ [Remuneration]
(۱) The King receives an overall amount from the State budget for the
maintenance of his Family and Household and disposes it freely.
(۲) The King freely appoints and relieves the civilian and military members of
his Household.
Title III Parliament
Chapter I Chambers
Article ۶۶ [Structure٫ Competences٫ Inviolability]
(۱) The Parliament represents the Spanish people and is formed by the House of
Representatives and the Senate.
(۲) The Parliament exercises the legislative power of the State٫ approves its
budgets٫ controls the action of the Government٫ and has the other competences
assigned by the Constitution.
(۳) The Parliament is inviolable.
Article ۶۷ [Incompatibility٫ Free Mandate]
(۱) No one may be a member of the two Chambers simultaneously nor be a member
of an Autonomous Community Assembly and a Deputy to the House of
Representatives at the same time.
(۲) The members of the Parliament are not bound by an imperative mandate.
(۳) The meetings of parliamentarians٫ which are held without the regulatory
convocation٫ shall not be binding on the Chambers and they may not exercise
their functions nor exercise their privileges.
Article ۶۸ [Election]
(۱) The House of Representatives is composed of a minimum of ۳۰۰ and a maximum
of ۴۰۰ Deputies elected by universal٫ free٫ equal٫ direct٫ and secret suffrage
under the terms established by law.
(۲) The electoral district is the province. The cities of Ceuta and Melilla
shall be represented by one deputy each. The law shall distribute the total
number of deputies٫ assigning a
minimum initial representation to each district and distributing the remainder
in proportion to the population.
(۳) The election in each district shall be conducted in keeping with the
criteria of proportional representation.
(۴) The House of Representatives is elected for four years. The term of
deputies ends four years after their election or on the day of the dissolution
of the Chamber.
(۵) All Spaniards who have full use of their political rights are voters and
eligible for office.
The law recognizes٫ and the State shall facilitate٫ the exercise of the right
to vote of Spaniards who are outside the territory of Spain.
(۶) Elections will take place between thirty and sixty days after the
termination of the mandate. The elected House of Representatives must be
convoked within twenty-five days after the holding of elections.
Article ۶۹ [Senate]
(۱) The Senate is the chamber of territorial representation.
(۲) In each province٫ four senators will be elected by universal٫ free٫ equal٫
direct٫ and secret suffrage by the voters of each of them under the terms
established by an organic law.
(۳) In the island provinces٫ each island or grouping of them with a
representation or insular council shall be a voting district for the purposes
of the election of senators٫ three of them going to each of the major islands –
Grand Canary٫ Mallorca٫ and Tenerife – and one each to the following islands or
groupings: Ibiza-Formentera٫ Menorca٫ Fuerteventura٫ Gomera٫ Hierro٫ Lanzarote٫
and La Palma.
(۴) The cities of Ceuta and Melilla shall elect two senators each.
(۵) The Autonomous Communities shall also designate one senator and one
additional senator for each million inhabitants in their respective
territories. The designation shall be made by the legislative assembly٫ or in
its absence٫ by the higher collective body of the Autonomous Community pursuant
to the provisions of the Statutes٫ which in any case٫ shall insure adequate
proportional representation.
(۶) The Senate is elected for four years. The term of the senators shall end
four years after their election or on the day of the dissolution of the
Chamber.
Article ۷۰ [Ineligibility٫ Incompatibility]
(۱) The electoral law shall determine the reasons for ineligibility and
incompatibility of Deputies and Senators٫ which shall include in any case:
a) the members of the Constitutional Court;
b) the high officers of the State Administration٫ as determined by law٫ with
the exception of the members of the Government;
c) the Defender of the People;
d) the Magistrates٫ Judges٫ and Prosecutors on active duty;
e) the professional military and members of the Armed Forces٫ Corps of
Security٫ and Police on active duty; and
f) the members of the Electoral Commissions.
(۲) The validity of the records and credentials of the members of both Chambers
shall be subject to judicial control under the terms to be established by the
electoral law.
Article ۷۱ [Indemnity٫ Immunity٫ Remuneration]
(۱) The Deputies and Senators enjoy indemnity for the opinions expressed during
the exercise of their functions.
(۲) During the period of their mandate٫ the Deputies and Senators enjoy
immunity and may only be arrested in case of flagrante delicto. They may not be
indicted or tried without prior authorization of the respective Chamber.
(۳) In actions against Deputies and Senators٫ the Criminal
Section of the Supreme Court shall be competent.
(۴) The Deputies and Senators shall receive a remuneration which shall be fixed
by the respective Chamber.
Article ۷۲ [Self-Organization]
(۱) The Chambers establish their own regulations٫ autonomously approve their
own budgets٫ and by common accord regulate the Personnel Statute of the
Parliament. The Regulations and their reform shall be submitted to a final
voting in their entirety which shall require an absolute majority.
(۲) The Chambers elect their respective Presidents and the other members of
their committees. Joint sessions shall be presided over by the President of the
House of Representatives and shall be governed by a Regulation of the
Parliament approved by an absolute majority of each Chamber.
(۳) The Presidents of the Chambers will exercise in their name all
administrative powers and police authority in the interior of their respective
Chambers.
Article ۷۳ [Sessions]
(۱) The Chambers shall meet annually in two ordinary periods of sessions٫ the
first from September to December and the second from February to June.
(۲) The Chambers may meet in extraordinary periods of sessions at the request
of the Government٫ the Permanent Deputation٫ or by the absolute majority of the
members of either of the two Chambers. The extraordinary periods of sessions
must be convoked with a specific agenda and shall be closed once it has been
dealt with.
Article ۷۴ [Majority]
(۱) The Chambers shall meet in joint sessions to exercise the non-legislative
competences which Title II expressly authorizes for the Parliament.
(۲) The decisions of the Parliament specified in Articles ۹۴ (۱)٫ ۱۴۵ (۲)٫ and
۱۵۸ (۲) shall be adopted by the majority of each of the Chambers. In the first
case٫ the procedure shall be initiated by the House of Representatives٫ in the
other two cases by the Senate. In both cases٫ if there is no agreement between
Senate and the House of Representatives٫ an attempt will be made to obtain it
by a mixed Commission composed of an equal number of Deputies and Senators. The
Commission presents a text which shall be voted upon by both Chambers. If it is
not approved in the established form٫ the House of Representatives shall decide
by an absolute majority.
Article ۷۵ [Responsibilities]
(۱) The Chambers shall work in plenary sessions and in Commissions.
(۲) The Chambers may delegate to the Permanent Legislative Commissions the
approval of bills or proposals of law. The plenary session٫ however٫ may at any
time require debate and voting on any bill or proposal of law which has been
the objectttt of this delegation.
(۳) Excluded from the provisions of the foregoing paragraph are constitutional
reform٫ international affairs٫ organic and basic laws٫ and the General Budget.
Article ۷۶ [Investigating Commissions]
(۱) The House of Representatives and the Senate٫ and if necessary both Chambers
jointly٫ may appoint investigating Commissions on any subject of public
interest. Their conclusions shall not be binding on the courts nor will they
affect judicial decisions٫ but they may be transmitted to the Public Prosecutor
for the exercise of the necessary actions when required.
(۲) Appearance before the Chambers on request shall be obligatory. The law
shall regulate the sanctions which may be imposed for noncompliance with this
obligation.
Article ۷۷ [Petitions]
(۱) The Chambers may receive individual and collective petitions٫ always in
writing٫ while direct presentation by citizens is prohibited.
(۲) The Chambers may forward to the Government the petitions they receive. The
Government is obliged to explain itself on the contents whenever the Chambers
so request.
Article ۷۸ [Permanent Deputations]
(۱) In each Chamber٫ there shall be a Permanent Deputation composed of a
minimum of twenty-on members who shall represent the parliamentary groups in
proportion to their numerical importance.
(۲) The Permanent Deputations shall be presided over by the President of the
respective Chamber٫ they shall have those functions listed in Article ۷۳٫ they
shall assume the authority of the Chambers according to Articles ۸۶ and ۱۱۶ in
the case that the Chambers have been dissolved or their term expired٫ and they
shall maintain a watch over the powers of the Chambers when they are not in
session.
(۳) On the expiration of the mandate or in case of dissolution٫ the Permanent
Deputations shall continue to exercise its functions until the constitution of
new Parliament.
(۴) When a Chamber meets٫ its Permanent Deputation shall give an account of the
matters dealt with and of its decisions.
Article ۷۹ [Presence٫ Quorum٫ Personal Vote]
(۱) In order to adopt agreements٫ the Chambers must be in a regular session
with the attendance of the majority of their members.
(۲) In order to be valid٫ such agreements must be approved by the majority of
the members present٫ without prejudice to the special majorities which may be
established by the Constitution or the organic laws or the Regulations
established by the Chambers for the election of persons.
(۳) The vote of the Senators and Deputies is personal and cannot be delegated.
Article ۸۰ [Publicity]
The plenary sessions of the Chambers shall be public except when there is an
agreement against it in each Chamber٫ an agreement which must be arrived at by
an absolute majority or by a change in the Regulations.
Chapter II Preparation of Laws
Article ۸۱ [Organic Laws]
(۱) Organic laws are those relative to the exercise of fundamental rights and
public liberties٫ those approved by the Statutes of Autonomy and the general
electoral system٫ and the others provided for in the Constitution.
(۲) The approval٫ modification٫ or repeal of organic laws shall require an
absolute majority of the House of Representatives in a final vote on the entire
bill.
Article ۸۲ [Delegation]
(۱) The Parliament may delegate to the Government the power to set norms with
the status law on specific matters not included in the previous article.
(۲) Legislative delegation must be granted by means of a basic law when its
objecttttive is the formation of articled texts٫ or by an ordinary law when it
is a matter of arranging several legal
texts into a single one.
(۳) Legislative delegation must be granted to the Government in an express form
for a concrete matter and with the establishment of a period for its exercise.
The delegation becomes void when the Government has made use of it after the
publication of the corresponding law. Such delegation cannot be understood to
be granted implicitly or for an indefinite period. The sub-delegation to
different authorities٫ even within the Government itself٫ is not permitted.
(۴) The basic laws shall precisely limit the objectttt and scope of
legislative delegation and the principles and criteria which must be followed
in its exercise.
(۵) Authorization for the consolidation of legal texts shall define the
normative scope to which the content of the delegation referred٫ specifying
whether it shall be limited to the mere formulation into a unified text or
whether it includes regulation٫ clarification٫ and harmonization of the legal
texts which are to be recast.
(۶) Without prejudice to the proper competence of the Courts٫ the laws on
delegation may establish additional formulas for control in each case.
Article ۸۳ [Prohibited Laws]
Basic laws may in no case do the following:
a) Authorize the modification of the basic laws;
b) Make provision for the enactment of norms with retroactive charrrracter.
Article ۸۴ [Delegation Conflict]
When a proposed law or an amendment is contrary to a valid legislative
delegation٫ the Government may oppose its processing. In such a case٫ a law
proposal may be presented for the total or partial abolishment of the law on
delegation.
Article ۸۵ [Legislative Decrees]
The dispositions of the Government containing delegated legislation shall
receive the title of Legislative Decrees.
Article ۸۶ [Decree-Laws]
(۱) In the case of extraordinary and urgent necessity٫ the Government may issue
provisional legislative decisions which shall take the form of decree-laws and
which may not affect the regulation of the basic institution of the State٫ the
rights٫ duties٫ and liberties of the citizens which are regulated in Title I٫
the systems of Autonomous Communities٫ or the general electoral Law.
(۲) The Decree-laws must be immediately submitted for debate and voting by the
entire House of Representatives of Deputies convoked for that purpose٫ if it is
not already in session٫ within a period of thirty days after their
promulgation. The House of Representatives must expressly declare within that
period its approval or repeal٫ for which purpose the Regulation shall establish
a special and summary procedure.
(۳) During the period established in the foregoing paragraph٫ the Parliament
may treat them as draft laws by emergency procedure.
Article ۸۷ [Initiative٫ Proposal٫ Public Initiative]
(۱) Legislative initiative belongs to the Government٫ the House of
Representatives٫ and the Senate٫ according to the Constitution and the
regulations of the Chambers.
(۲) The Assemblies of the Autonomous Communities may request the Government to
adopt a bill or send to the Board of the House of Representatives a proposal of
law٫ delegating a maximum of three members of their Assembly to that Chamber to
defend it.
(۳) An organic law shall regulate the forms and requirements for the exercise
of the popular initiative for the presentation of proposals of law. In any case
no fewer than ۵۰۰٫۰۰۰ valid signatures will be required. This initiative is not
applicable to organic laws٫ taxation٫ or international affairs٫ nor to the
prerogative of pardon.
Article ۸۸ [Approval of Bills]
Bills shall be approved in the Council of Ministers٫ which shall submit them to
the House of Representatives accompanied by an exposition of the motives and
the antecedents which are necessary for action.
Article ۸۹ [Processing Proposals]
(۱) The processing of proposals of law shall be regulated by the Regulations of
the Chambers without the priority due to bills impeding the exercise of
legislative initiative under the terms regulated by Article ۸۷.
(۲) Proposals of law٫ which in accordance with Article ۸۷ are taken under
consideration by the Senate٫ shall be sent to the House of Representatives for
processing as such.
Article ۹۰ [Veto and Amendment of Bills]
(۱) Once an ordinary or organic bill has been approved by the Deputies of the
House of Representatives٫ its President shall immediately notify the President
of the Senate٫ who shall submit it for its deliberation.
(۲) The Senate٫ within a period of two months after the day of the receipt of
the text٫ may٫ through a message explaining the reasons٫ veto it or introduce
amendments to it. The veto must be approved by an absolute majority. The bill
cannot be submitted to the King for approval unless the House of
Representatives ratifies the initial text٫ in the case of a veto by an absolute
majority٫ or by a simple majority once two months have passed since the
presentation of the text٫ or express itself on the amendments٫ stating whether
or not it accepts them by a simple majority.
(۳) The period of two months which the Senate has to veto or amend the bill
shall be reduced to twenty calendar days for those bills declared urgent by the
Government or by the House of Representatives.
Article ۹۱ [Promulgation]
The King shall sanction the laws approved by the Parliament within the period
of fifteen days and shall promulgate them and order their immediate
publication.
Article ۹۲ [Consultative Referendum]
(۱) Political decisions of special importance may be submitted for a
consultative referendum of all the citizens.
(۲) The referendum shall be convoked by the King at the proposal of the
President of the Government after previous authorization by the House of
Representatives.
(۳) An organic law shall regulate the conditions and the procedure of the
different kinds of referendums provided for in this Constitution.
Chapter III International Treaties
Article ۹۳ [Transfer of Sovereignty]
By means of an organic law٫ authorization may be established for the conclusion
of treaties which attribute to an international organization or institution the
exercise of competences derived from the Constitution. It is the responsibility
of the Parliament or the Government٫ depending on the cases٫ to guarantee
compliance with these treaties and the resolutions emanating
from the international or supranational organizations who have been entitled by
this cession.
Article ۹۴ [Prior Authorization]
(۱) The giving of the consent of the State to obligate itself to something by
means of treaties or agreements shall require prior authorization of the
Parliament in the following cases:
a) Treaties of a political nature;
b) Treaties or agreements of a military nature;
c) Treaties or agreements which affect the territorial integrity of the State
or the fundamental rights and duties established in Title I;
d) Treaties or agreements which imply important obligations for the public
treasury;
e) Treaties or agreements which involve modification or repeal of some law or
require legislative measures for their execcccution.
(۲) The House of Representatives and the Senate shall be immediately informed
of the conclusion of the treaties or agreements.
Article ۹۵ [Conflict With Constitution]
(۱) The conclusion of an international treaty which contains stipulations
contrary to the Constitution shall require a prior constitutional revision.
(۲) The Government or either of the Chambers may request the Constitutional
Court to declare whether or not such a contradiction exists.
Article ۹۶ [Amendment٫ Abolishment]
(۱) Validly concluded international treaties once officially published in Spain
shall constitute part of the internal legal order. Their provisions may only be
abolished٫ modified٫ or suspended in the manner provided for in the treaties
themselves or in accordance with general norms of international law.
(۲) To denounce international treaties and agreements٫ the same procedure
established for their approval in Article ۹۴ shall be used.
Title IV Government and Administration
Article ۹۷ [Directing Policy]
The Government directs domestic and foreign policy٫ civil and military
Administration٫ and the defense of the State. It exercises the execcccutive
function and regulatory power in accordance with the Constitution and the laws.
Article ۹۸ [Composition٫ President٫ Incompatibilities]
(۱) The Government is composed of the President٫ Vice Presidents٫ and in some
cases the ministers and other members the law may establish.
(۲) The President directs the actions of the Government and coordinates the
functions of the other members of it without prejudice to their competence and
direct responsibility in their activity.
(۳) The members of the Government may not exercise representative functions
other than those of the parliamentary mandate itself٫ nor any other public
function which does not derive from their office٫ nor any professional or
mercantile activity whatsoever.
(۴) A law shall regulate the Statute and the incompatibilities of the members
of the Government.
Article ۹۹ [Election]
(۱) After each renewal of the House of Representatives and in the other cases
provided for by the Constitution٫ the King shall٫ after consultation with the
representatives designated by the
political groups represented in parliament٫ and through the President of the
House of Representatives٫ propose a candidate for the Presidency of the
Government.
(۲) The proposed candidate٫ in conformity with the provisions of the foregoing
paragraph٫ shall submit to the House of Representatives the political program
of the Government he intends to form and shall seek the confidence of the
Chamber.
(۳) If the House of Representatives٫ by an absolute majority of its members٫
grants its confidence to said candidate٫ the King will appoint him President.
If said majority is not obtained٫ the same proposal shall be submitted to a new
vote ۹۸ hours after the former٫ and confidence shall be understood to have been
granted if a simple majority is obtained.
(۴) If after the aforementioned votes are cast٫ confidence is not granted for
investiture٫ successive proposals will be made in the manner foreseen in the
foregoing paragraphs.
(۵) If within two months from the first voting for investiture no candidate has
obtained the confidence of the House of Representatives٫ the King shall
dissolve both Chambers and call for new elections with the concurrence of the
President of the House of Representatives.
Article ۱۰۰
The other members of the Government shall be appointed and dismissed by the
King at the proposal of its President.
Article ۱۰۱ [Resignation]
(۱) The Government shall resign after the holding of general elections in the
cases of the loss of confidence by parliament as stipulated in the
Constitution٫ or because of the resignation or death of its President.
(۲) But the outgoing Government shall continue in its functions until the new
Government takes office.
Article ۱۰۲ [Criminal Responsibility]
(۱) The Criminal Division of the Supreme Court shall have jurisdiction in the
cases of criminal responsibility of the President and the other members of the
Government.
(۲) If the charrrrge were treason or any crime against the security of the
State in the exercise of their functions٫ it could only be brought against them
through the initiative of one-fourth of the members of the House of
Representatives and with the approval of the absolute majority thereof.
(۳) The royal prerogative of pardon shall not be applicable to any of the
provisions of the present article.
Article ۱۰۳ [Public Administration]
(۱) The Public Administration serves the general interest with objecttttivity
and it acts in accordance with the principles of efficacy٫ hierarchy٫
decentralization٫ deconcentration٫ and coordination while fully complying with
the law and legality.
(۲) The organs of the Administration of the State are createeeed٫ governed٫
and coordinated in accordance with the law.
(۳) The law shall regulate the statute of the public officials٫ the access to
civil service in accordance with the principles of merit and ability٫ the
system under which they exercise their right to form unionnnns٫ the system of
incompatibilities٫ and the safeguards for political impartiality in the
exercise of their functions.
Article ۱۰۴ [Security Forces and Corps]
(۱) The Security Forces and Corps which are instruments of the Government shall
have the mission of protecting the free exercise of rights and liberties and
that of guaranteeing the security of the citizens.
(۲) An organic law shall determine the functions٫ basic principles of action٫
and the Statues of the Security Forces and
Corps.
Article ۱۰۵ [Guarantees]
The law shall regulate:
a) The hearing of citizens٫ directly or through the organizations and
associations recognized by the law٫ in the process of elaborating the
administrative decisions which affect them;
b) access by the citizens to the administrative archives and registers except
where it affects the security and defense of the State٫ the investigation of
crimes٫ and the privacy of persons; and
c) the procedure for administrative actions and for guaranteeing when
appropriate the hearing of interested persons.
Article ۱۰۶ [Control٫ Indemnification]
(۱) The Courts control the regulatory power and the legality of administrative
acts as well as its compliance with the objecttttives which justify it.
(۲) Private individuals٫ under the terms established by the law٫ shall have the
right to be indemnified for any harm they suffer in any of their property and
rights٫ except in the cases of force majeure٫ whenever such harm is the result
of the functioning of the public services.
Article ۱۰۷ [Council of State]
The Council of State is the supreme consultative body of the Government. An
organic law shall regulate its composition and competence.
Title V Government and Parliament
Article ۱۰۸ [Responsibility]
The Government in its political conduct is collectively accountable before the
House of Representatives.
Article ۱۰۹ [Information٫ Assistance]
The Chambers and their Commissions may request٫ through their Presidents٫ the
information and assistance they need from the Government and its Departments
and from any authority of the State and the Autonomous Communities.
Article ۱۱۰ [Presence]
(۱) The Chambers and their Commissions may require the presence of the members
of the Government.
(۲) The members of the Government are entitled to have access to the sessions
of the Chambers and to their Commissions and are entitled to be heard in them٫
and they may request that officials of their departments present information to
them.
Article ۱۱۱ [Interpellation]
(۱) The Government and each of its members are subject to interpellations or
questions put to them in the Chambers. The rules shall establish a weekly
minimum time for this type of debate.
(۲) Any interpellation may lead to a motion in which the Chamber can express
its position.
Article ۱۱۲ [Vote of Confidence]
The President of the Government٫ after deliberation by the Council of
Ministers٫ may pose before the House of Representatives the question of
confidence on his program or on a declaration of general policy. Confidence
shall be taken as granted when the absolute majority of the deputies vote for
it.
Article ۱۱۳ [Motion of Censure٫ Vote of No-Confidence]
(۱) The House of Representatives may require political
responsibility from the Government by means of the adoption by an absolute
majority of a motion of censure.
(۲) The motion of censure must be proposed by at least one-tenth of the
Deputies and must include a candidate to the office of the Presidency of the
Government.
(۳) The motion of censure cannot be voted on until five days after its
presentation. During the first two days of this period٫ alternative motions may
be presented.
(۴) If the motion of censure is not approved by the House of Representatives٫
its signers cannot present another during the same period of sessions.
Article ۱۱۴ [Resignation٫ New Appointment]
(۱) If the House of Representatives denies its confidence to the Government٫ it
must present its resignation to the King٫ the President of the Government then
to be designated pursuant to the provisions of Article ۹۹.
(۲) If the House of Representatives adopts a motion of censure٫ the Government
shall present its resignation to the King and the candidate included in it
shall be understood to have the confidence of the Chamber for the purposes
specified in Article ۹۲. The King shall appoint him President of the
Government.
Article ۱۱۵ [Dissolution of Parliament]
(۱) The President of the Government٫ after deliberation of the Council of
Ministers٫ and on his exclusive responsibility٫ may propose the dissolution of
the House of Representatives٫ the Senate٫ and the Parliament٫ which shall be
decreed by the King. The dissolution decree shall establish the date of the
elections.
(۲) The proposal for dissolution may not be presented when a motion of censure
is in process.
(۳) No new dissolution may take place before a year has passed since the
previous one٫ except as provided for in Article ۹۹ (۵).
Article ۱۱۶ [Alarm٫ Emergency٫ Siege]
(۱) An organic law shall regulate the states of alarm٫ emergency٫ and siege and
the corresponding competences and limitations.
(۲) The state of alarm shall be declared by the Government٫ by means of a
decree agreed upon by the Council of Ministers٫ for a maximum period of fifteen
days informing the House of Representatives٫ which has convened immediately for
that purpose and without whose authorization the period cannot be extended. The
decree shall determine the territorial area to which the effects of the
declaration shall be excluded.
(۳) The state of emergency shall be declared by the Government by means of a
Decree agreed upon in the Council of Ministers after authorization by the House
of Representatives. The authorization and proclamation of a state of emergency
must expressly determine its purposes٫ the territorial area to which it is
extended and its duration٫ which cannot exceed thirty days but which may be
extended for a like period with the same requirements.
(۴) The state of siege shall be declared by the absolute majority of the House
of Representatives at the exclusive proposal by the Government. The House of
Representatives shall determine its territorial scope٫ duration٫ and
conditions.
(۵) The House of Representatives may not be dissolved while any of the states
contained in the present article are in effect٫ the Chambers being
automatically convoked if they are not in a period of sessions. Their
functioning٫ like that of the other constitutional powers of the State٫ may not
be interrupted during the effectiveness of these states.
In the event that the House of Representatives has been
dissolved or its mandate has expired if one of the situations exists which
leads to one of the aforementioned states٫ the competences of the House of
Representatives shall be assumed by its Permanent Deputation.
(۶) The declaration of the states of alarm٫ emergency٫ and siege shall not
modify the principle of the responsibility of the Government or its agents as
recognized in the Constitution and in the laws.
Title VI Judicial Power
Article ۱۱۷ [Independence٫ Courts٫ Tribunals]
(۱) Justice emanates from the people and is administered in the name of the
King by Judges and Magistrates who are members of the judicial power and are
independent٫ irremovable٫ responsible٫ and subject only to the rule of the law.
(۲) The Judges and Magistrates cannot be separated٫ suspended٫ transferred٫ or
retired except for causes and with the guarantees provided for in the law.
(۳) The exercise of jurisdictional power in any type of processes passing
judgments and havingggg judgments execcccuted belongs exclusively to the
Courts and Tribunals as determined by the laws٫ according to the norms on the
competence and procedure which they establish.
(۴) The Courts and Tribunals shall not exercise any functions other than those
set forth in the previous paragraph and those expressly attributed to them by
law to guarantee any right.
(۵) The principle of jurisdictional unity is the basis of the organization and
operation of the Tribunals. The law shall regulate the exercise of the military
jurisdiction within a strictly military framework and in the event of a state
of siege٫ in accordance with the principles of the Constitution.
(۶) Exceptional Tribunals are prohibited.
Article ۱۱۸ [Powers]
It is obligatory to comply with the firm sentences and other resolutions of the
Judges and the Tribunals٫ as well as to provide the collaboration required by
them during the course of the process and in the execcccution of the judgment.
Article ۱۱۹ [charrrrges]
Justice shall be free of charrrrge when the law so provides and in any case
for those who have insufficient means to litigate.
Article ۱۲۰ [Publicity٫ Oral Proceedings]
(۱) Judicial proceedings shall be public٫ with the exceptions provided for by
the laws on procedure.
(۲) The procedure shall be predominantly oral٫ particularly in criminal
matters.
(۳) The sentences shall always be motivated and shall be pronounced in public
audience.
Article ۱۲۱ [Indemnification]
Damages caused by judicial error and those which may result from the abnormal
operation of the Administration of Justice shall provide the right to an
indemnification by the State٫ in accordance with the law.
Article ۱۲۲ [Organization٫ General Council]
(۱) The organic law on judicial power shall determine the structure٫ operation٫
and administration of the Courts and Tribunals٫ as well as the legal status of
Judges and Magistrates٫ who form a single body٫ and of the personnel at the
service of the Administration of Justice.
(۲) The General Council of the Judicial Power is the governing organ of the
latter. The organic law shall establish its statute
and the system of incompatibilities for its members and their functions٫
particularly in matters of appointments٫ promotions٫ inspections٫ and
disciplinary regime.
(۳) The General Council of the Judicial Power shall consist of the President of
the Supreme Court٫ who shall preside٫ and twenty members appointed by the King
for a period of five years. Of these٫ twelve shall be Judges and Magistrates of
all the judicial categories under the terms the organic law establishes;
four will be proposed by the House of Representatives; and four by the
Senate٫ elected in both cases by three-fifths majority of their members٫ from
among lawyers and jurists of recognized competence with more than fifteen years
in the exercise of their profession.
Article ۱۲۳ [Supreme Court]
(۱) The Supreme Court٫ with jurisdiction all over Spain٫ is the highest
jurisdictional organ in all orders٫ except in matters concerning constitutional
guarantees.
(۲) The President of the Supreme Court shall be appointed by the King at the
proposal of the General Council of the judicial branch in the manner determined
by law.
Article ۱۲۴ [Public Prosecutor]
(۱) The Office of the Public Prosecutor٫ without prejudice to the functions
entrusted to other organs٫ has the mission of promoting the action of justice
in defense of legality٫ the rights of citizens and the public interest guarded
by the law٫ ex officio or on petition by interested parties٫ as well as watch
over the independence of the Courts and to procure before them the satisfaction
of social interest.
(۲) The Public Prosecutor exercises its functions by means of its own organs in
conformity with the principles of unity of action and hierarchical dependency٫
subject in all cases to the principles of legality and impartiality.
(۳) The law shall regulate the organic statute of the Public Prosecutor.
(۴) The Public Prosecutor of the State shall be appointed by the King at the
proposal of the Government after consultation with the General Council of the
Judicial Power.
Article ۱۲۵ [Popular Action٫ Juries]
Citizens may exercise popular action and participate in the Administration of
Justice through the institution of the Jury in the manner that the law may
determine for certain criminal trials٫ as well as in the customary and
traditional Courts.
Article ۱۲۶ [Judicial Police]
The judicial police come under the Judges٫ the Courts٫ and the Public
Prosecutor in their functions of investigating crimes and finding and seizing
the criminal under the terms the law may establish.
Article ۱۲۷
(۱) The Judges and Magistrates٫ as well as the prosecutors٫ while on active
service٫ may not hold other public positions or belong to political parties or
unionnnns. The law shall establish the system and modalities of professional
association of Judges٫ Magistrates٫ and Prosecutors.
(۲) The law shall establish the system of incompatibilities of the members of
the judicial power which must insure their total independence.
Title VII Economy and Finance
Article ۱۲۸ [Public Wealth٫ State Intervention]
(۱) All the wealth of the country in its distinct forms regardless
of its ownership is subordinated to the general interest.
(۲) Public initiative in economic activity is recognized. By law٫ essential
resources or services٫ particularly in the case of monopoly٫ can be reserved
for the public sector and it may also declare the intervention in companies
when the general interest so requires.
Article ۱۲۹ [Participation٫ Cooperatives]
(۱) The law shall establish the forms of participation of those interested in
Social Security and in the activities of the public agencies whose function
directly affects the quality of life or general welfare.
(۲) The public authorities shall effectively promote the various forms of
participation in enterprise and facilitate cooperative enterprises by means of
appropriate legislation. They shall also establish the means that will
facilitate access by the workers to ownership of the means of production.
Article ۱۳۰ [Modernization٫ Development]
(۱) The public authorities shall attend to the modernization and development of
all economic sectors٫ particularly of agriculture٫ livestock raising٫ fishing٫
and handicrafts٫ in order to equalize the standard of living of all Spaniards.
(۲) For the same purpose٫ special treatment shall be provided to the mountain
areas.
Article ۱۳۱ [Planning]
(۱) The State٫ by means of law٫ may plan the general economic activity to
attend to collective needs٫ balance and harmonize regional and sectoral
development٫ and stimulate the growth of income and wealth and their more
equitable distribution.
(۲) The Government shall develop planning projects in accordance with the
forecasts provided to it by the Autonomous Communities and the advice and
collaboration by the unionnnns and other professional٫ business٫ and economic
organizations. A Council shall be createeeed for this purpose٫ whose
composition and operation shall be developed by law.
Article ۱۳۲ [Public Property]
(۱) The law shall regulate the legal regime of the property in the public
domain and community property٫ based on the principle of inalienability٫
imprescripttttibility٫ non-seizure٫ and unencumbrance.
(۲) Property in the public state domain٫ as determined by law are٫ in any case٫
the offshore zone٫ the beaches٫ the territorial sea٫ the natural resources of
the economic zone٫ and the continental shelf.
(۳) The Patrimony of the State and National Patrimony٫ their administration
protection and preservation shall be regulated by law.
Article ۱۳۳ [Taxation Power]
(۱) The original power to establish taxes by means of law belongs exclusively
to the State.
(۲) The Autonomous Communities and the local Corporations may establish and
levy taxes in accordance with the Constitution and the laws.
(۳) All fiscal profits which affect State taxes must be established by virtue
of law.
(۴) The public administrations may only contract financial obligations and
incur expenditures in accordance with the law.
Article ۱۳۴ [Budget]
(۱) It is incumbent upon the Government to prepare the General Budgets of the
State and upon the Parliament to examine٫ amend٫ and approve them.
(۲) The General Budgets of the State shall be of an annual charrrracter and
shall include the totality of expenditures and revenues of the public sector of
the State٫ containing the amount of the fiscal benefits which affect the taxes
of the State.
(۳) The Government must present to the House of Representatives the General
Budgets of the State at least three months before the expiration of those of
the previous year.
(۴) If the Budget Law is not approved before the first day of the corresponding
fiscal year٫ the Budgets of the previous fiscal year will automatically be
considered extended until the approval of the new ones.
(۵) Once the General Budgets of the State have been approved٫ the Government
may present bills which imply increases in public expenditure or a decrease in
revenues corresponding to the same budget year.
(۶) Every proposition or amendment which involves an increase in credits or a
decrease in budget revenues shall require the agreement of the Government
before its transmission.
(۷) The Law on Budgets cannot createeee taxes. It can modify them when a
substantive tax law so provides.
Article ۱۳۵ [Debt and Loans]
(۱) The Government must be authorized by law to contract a Public Debt or
obtain loans.
(۲) Loans for satisfying the payment of interests and principal of the Public
Debt of the State shall always be understood to be included in the state of
expenditures of the budgets and may not be the objectttt of amendment or
modification as long as they are in keeping with the law of issue.
Article ۱۳۶ [Court of Accounts]
(۱) The Court of Accounts is the highest organ for checking the accounts and
economic management of the State and the public sector.
It shall be directly dependent of the Parliament and shall exercise its
functions through delegation by them in the examination and verification of the
General Accounts of the State.
(۲) The accounts of the State and the state public sector shall be rendered to
the Court of Accounts and shall be examined by it.
The Court of Accounts٫ without prejudice to its own jurisdiction٫ shall send an
annual report to the Parliament which٫ when applicable٫ lists the violations or
responsibilities٫ which in its opinion have occurred.
(۳) The members of the Court of Accounts shall enjoy the same independence and
irremovability and shall be subject to the same incompatibilities as the
Judges.
(۴) An organic law shall regulate the composition٫ organization٫ and operation
of the Court of Accounts.
Title VIII Territorial Organization
Chapter I General Principles
Article ۱۳۷ [Municipalities٫ Provinces٫ Autonomous Communities]
The State is organized territorially into municipalities٫ provinces٫ and the
Autonomous Communities which may be constituted. All these entities enjoy
autonomy for the management of their respective interests.
Article ۱۳۸ [Economic Balance]
(۱) The State guarantees the effective realization of the principle of
solidarity vested in Article ۲٫ insuring the establishment of a proper and just
economic balance among the various parts of Spanish territory٫ with particular
attention to the status of the island possessions.
(۲) The differences between the Statutes of the various Autonomous Communities
may in no case imply economic or social privileges.
Article ۱۳۹ [Equal Rights٫ Free Movement]
(۱) All Spaniards have the same rights and obligations in any part of the
territory of the State.
(۲) No authority may adopt measures which directly or indirectly hinder the
freedom of movement and establishment of persons and the free movement of goods
throughout Spanish territory.
Chapter II Local Administration
Article ۱۴۰ [Municipalities]
The Constitution guarantees the autonomy of the municipalities. These enjoy
full legal personality. Their government and administration is the
responsibility of their own city governments which are made up of the mayors
and councilmen. The councilmen shall be elected by the residents of the
municipality via universal equal٫ free٫ direct٫ and secret suffrage in the
manner established by law. The mayors shall be elected by the councilmen or by
the residents. The law shall regulate the conditions under which the system of
an open council may proceed.
Article ۱۴۱ [Provinces]
(۱) The province is a local entity with its own legal personality determined by
the collection of municipalities and territorial division for the fulfillment
of the activities of the State. Any alteration in the provincial limits must be
approved by the Parliament by means of an organic law.
(۲) The government and Autonomous Administration of the provinces shall be
trusted to Deputations or Corporations of a representative nature.
(۳) Groupings of different municipalities of the province may be createeeed.
(۴) In the archipelagos٫ each island shall a]so have their own administration
in the form of Cabildos or councils.
Article ۱۴۲ [Financial Autonomy]
The local treasuries must have the means necessary for carrying out the
functions which the law attributes to the respective corporations and they
shall be supported basically by their own taxes and by sharing those of the
State and the Autonomous Communities.
Chapter III Autonomous Communities
Article ۱۴۳ [Autonomy Initiative]
(۱) In the exercise of the right to autonomy recognized in Article ۲٫ bordering
provinces with common historical٫ cultural٫ and economic charrrracteristics٫
the island territories٫ and the provinces with a historical regional unity may
accede to self-government and constitute themselves into autonomous communities
in accordance with the provisions of that Title and the respective statutes.
(۲) The initiative for the autonomous process belongs to all the interested
deputations or to the pertinent inter-island body and to two-thirds of the
municipalities whose population represents at least the majority of the
electorate of each province or island. These requirements must be fulfilled
within a period of six months from the first agreement adopted on the subject
by one of the interested local corporations.
(۳) The initiative٫ in case it does not prosper٫ can only be repeated after the
passage of five years.
Article ۱۴۴ [Authority Authorization]
The Parliament٫ by means of an organic law٫ may for reasons of national
interest: a) authorize the establishment of an Autonomous Community when its
territorial area does not exceed that of a province and does not have the
conditions set forth in Article ۱۴۳; b) authorize or accord٫ depending on
the case٫ a statute of autonomy for territories which are not integrated into
the provincial organization; and c) substitute the initiative of the local
corporations to which Article ۱۴۳ (۲) refers.
Article ۱۴۵ [Restricted Cooperation]
(۱) In no case shall the federation of Autonomous Communities be allowed.
(۲) The statutes may specify the conditions٫ requirements٫ and terms under
which the Autonomous Communities may establish agreements among themselves for
the administration and rendering of services pertaining to them٫ as well as the
nature and purposes of the corresponding communication of them to the
Parliament. Under other conditions٫ cooperation agreements between Autonomous
Communities shall require the authorization of the Parliament.
Article ۱۴۶ [Statute of Autonomy]
The draft of the statute shall be prepared by an assembly consisting of members
of the Deputation or inter-insular organ of the affected provinces and by the
Deputies and Senators elected in them and shall be forwarded to the Parliament
for its enactment into law.
Article ۱۴۷ [Adopting the Statute]
(۱) Within the terms of the present Constitution٫ the statutes shall be the
basic institutional norm of each Autonomous Community and the State shall
recognize them and protect them as an integral part of its juridical order.
(۲) The Statutes of autonomy must contain:
a) The name of the Community which best corresponds to its historical identity.
b) The delimitation of its territory.
c) The name٫ organization٫ and seat of its own autonomous institutions.
d) The competences assumed within the framework of the Constitution and the
bases for the transfer of the corresponding services to them.
(۳) The reform of statutes shall be in accordance with the procedure
established in them and shall in any case require the approval of the
Parliament by means of an organic law.
Article ۱۴۸ [Competences]
(۱) The Autonomous Communities may assume competences in the following:
۱) organization of their institutions of self-government;
۲) alterations of the municipal boundaries contained within its area٫ and in
general the functions which belong to the State Administration concerning local
corporations and whose transfer is authorized by the legislation on Local
Governments;
۳) regulation of the territory٫ urbanism٫ and housing;
۴) public works of interest to the Autonomous Community in its own territory;
۵) railways and highways whose itinerary runs completely in the territory of
the Autonomous Community and within the same boundaries and transportation
carried out by these means or by cable;
۶) ports of refuge٫ recreational ports٫ airports٫ and generally those which do
not carry out commercial activities;
۷) agriculture and livestock raising in accord with the general regulations;
۸) woodlands and forestry;
۹) activities in matters of environmental protection;
۱۰) water projects٫ canals٫ and irrigation systems of interest to the
Autonomous Community and mineral and thermal waters;
۱۱) fishing in inland waters٫ hunting٫ and river fishing;
۱۲) interior fairs;
۱۳) promotion of the economic development of the Autonomous Community within
the objecttttives marked by the national economic polity;
۱۴) handicrafts;
۱۵) museums٫ libraries٫ and conservatories of interest to the Autonomous
Community;
۱۶) monuments of interest to the Autonomous Community;
۱۷) promotion of culture٫ research٫ and٫ when applicable٫ the teaching of the
language of the Autonomous Community;
۱۸) promotion and regulation of tourism within its territorial area;
۱۹) promotion of sports and adequate utilization of leisure;
۲۰) social assistance;
۲۱) health and hygiene; and
۲۲) the custody and protection of its buildings and installations٫ the
coordination and other functions with respect to local police forces under the
terms an organic law shall establish.
(۲) After five years have elapsed and through the reform of its statutes٫ the
Autonomous Communities may then expand their competences within the framework
established in Article ۱۴۹.
Article ۱۴۹ [State Competences]
(۱) The State holds exclusive competence over the following matters: ۱) the
regulation of the basic conditions which guarantee the equality of all
Spaniards in the exercise of their rights and fulfillment of their
constitutional duties;
۲) nationality٫ immigration٫ emigration٫ alienage٫ and the right of asylum;
۳) international relations;
۴) defense and the Armed Forces;
۵) administration of Justice;
۶) mercantile٫ penal٫ and prison legislation٫ procedural legislation٫ without
prejudice to the necessary specialties which in this order may derive from the
particularities of the substantive law of the Autonomous Communities;
۷) labor legislation٫ without prejudice to its execcccution by the organs of
the Autonomous Communities;
۸) civil legislation٫ without prejudice to the preservation٫ modification٫ and
development by the Autonomous Communities of civil “fueros”٫ or special nights٫
where they may exist; in any case٫ the rules relative to the application
and effectiveness of legal norms٫ civil-legal relations havingggg to do with
the form of matrimony٫ regulation of registers and public instruments٫ the
bases for contractual obligations٫ norms for resolving the conflicts of laws٫
and the determination of the sources of the law٫ in this last case٫ with
respect to the norms of the “fueros” and special law;
۹) legislation concerning intellectual and industrial property;
۱۰) system of customs٫ tariffs٫ and foreign trade;
۱۱) monetary system٫ foreign credits٫ exchange and convertibility; the
general bases for the regulation of credit٫ banking٫ and insurance;
۱۲) legislation on weights and measures٫ determination of the official time;
۱۳) bases and coordination of general planning and economic
activity;
۱۴) general finance and debt of the state;
۱۵) promotion and general coordination of scientific and technical research;
۱۶) external health; bases and general coordination of health;
legislation concerning pharmaceutical products;
۱۷) basic legislation and economic system of social security٫ without prejudice
to the execcccution of its services by the Autonomous Communities;
۱۸) the bases of the legal system of the public administrations and the
statutory system for its officials which shall in every case guarantee that the
administered will receive a common treatment by them; a common
administrative procedure٫ without prejudice to the specialties deriving from
the particular organization of the Autonomous Communities; legislation on
forcible expropriation; basic legislation on contracts and administrative
concessions٫ and the system of responsibility of all public administration;
۱۹) maritime fishing٫ without prejudice to the competences attributed to the
Autonomous Communities in the regulation of the sector;
۲۰) merchant marine and the ownership of ships; lighting of coasts and
maritime signals; ports of general interest٫ airports of general interest٫
control of the air space٫ transit and transport٫ meteorological service and
registration of aircraft;
۲۱) railroads and land transport which crosses through the territory of more
than one Autonomous Community; general communications system٫ traffic٫ and
movement of motor vehicles; mail and telecommunications; aerial cables٫
submarine cables٫ and radio communication;
۲۲) the legislation٫ regulation٫ and concession of water resources and projects
when the waters run through more than one Autonomous Community and the
authorization of electrical installations when their use affects another
community or when the transport of energy goes beyond its territorial area;
۲۳) basic legislation on environmental protection without prejudice to the
faculties of the Autonomous Communities to establish additional standards of
protection; basic legislation on woodlands٫ forestry projects٫ and
livestock trails;
۲۴) public works of general interest or whose realization affects more than one
Autonomous Community;
۲۵) bases of the mining and energy system;
۲۶) system of production٫ sale٫ possession٫ and use of arms and explosives;
۲۷) basic norms of the system of press٫ radio٫ and television and٫ in general٫
of the other means of social communication٫ without prejudice to the faculties
which in their development and execcccution belong to the Autonomous
Communities;
۲۸) protection of the cultural٫ artistic٫ and monument patrimony of Spain
against exportation and exploitation; museums٫ libraries٫ and archives
belonging to the State without prejudice to their management by the Autonomous
Communities;
۲۹) public security٫ without prejudice to the possibility of the creation of
police by the Autonomous Communities in the manner which may be established in
the respective statutes within the framework of the provisions of the organic
law; ۳۰) regulations of the conditions for obtaining٫ issuing٫ approving٫
and standardizing academic and professional degrees and basic norms for
carrying out Article ۲۷ in order to guarantee compliance with the obligations
of the public powers in this matter; ۳۱) statistics for State purposes;
and
۳۲) authorization for the convocation of popular consultations via referendum.
(۲) Without prejudice to the competences which the Autonomous Communities may
assume٫ the state shall consider
the service of culture a duty and essential attribute and shall facilitate
cultural communication among the Autonomous Communities in agreement with them.
(۳) The matters not attributed expressly to the state by this Constitution
belong to the Autonomous Communities by virtue of their respective statutes.
Authority over matters not assumed by the Statutes of Autonomy shall belong to
the state٫ whose norms shall prevail in case of conflict over those of the
Autonomous Communities in everything which is not attributed to their exclusive
competence. The law of the State shall in every case be supplementary to the
law of the Autonomous Communities.
Article ۱۵۰ [Granting and Retaining Authority]
(۱) The Parliament٫ in matters within the competence of the State٫ may grant to
all or one of the Autonomous Communities the authority to dictate for itself
legislative norms within the framework of the principles٫ bases٫ and directives
established by a state law. Without prejudice to the competence of the Courts٫
within the framework of every law shall be established the method of control by
the Parliament over these legislative norms of the Autonomous Communities.
(۲) The State may transfer or delegate to the Autonomous Communities by an
organic law those faculties on matters within the competence of the State٫
which because of their own nature are susceptible to transference or
delegation. The law shall in each case contain the pertinent transfer of
financial means as well as the forms of control the State reserves for itself.
(۳) The State may dictate laws which establish the principles necessary to
harmonize the normative٫ provisions of the Autonomous Communities even in the
case of matters attributed to their competence when the general interest so
demands. It is up to the Parliament٫ by the absolute majority in each Chamber٫
to evaluate this necessity.
Article ۱۵۱ [Immediate Autonomy]
(۱) It shall not be necessary to wait for the five-year period referred to in
Article ۱۴۸ (۲) to elapse when the initiative for the autonomous process is
agreed upon within the time limit specified in Article ۱۴۳ (۲)٫ not only by the
corresponding Provincial Deputations or inter-island bodies٫ but also by
three-quarters of the Municipalities of each province concerned٫ representing
at least the majority of the electorate of each one٫ and said initiative is
ratified by means of a referendum by the affirmative vote of the absolute
majority of the electors in each province٫ under the terms to be established by
an organic law.
(۲) In the case provided for in the foregoing paragraph٫ the procedure for
drafting the statute shall be as follows:
۱) The Government shall summon all the Deputies and Senators elected in the
electoral districts within the territorial area seeking self-government in
order to constitute themselves into an Assembly for the sole purpose of drawing
up the corresponding draft statute for self-government٫ to be adopted by the
absolute majority of its members.
۲) Once the draft statute has been passed by the assembly٫ it shall be remitted
to the Constitutional Commission of the House of Representatives which shall
examine it within the time of two months with the concurrence and assistance of
a delegation from the Assembly which has proposed it٫ in order to decide in
common agreement upon its definitive formulation.
۳) If such an agreement is reached٫ the resulting text shall be submitted in a
referendum of the electoral corps of the provinces within the territorial area
to be covered by the proposed statute.
۴) If the draft statute is approved in each province by the
majority of validly cast votes٫ it shall be referred to the Parliament. Both
Chambers٫ in plenary assembly٫ shall decide upon the text by means of a vote of
ratification. Once the statute has been approved٫ the King shall sanction it
and shall promulgate it as law.
۵) If the agreement referred to in Subparagraph ۲) is not reached٫ the draft
statute shall be treated like a draft law in the Parliament. The text approved
by them shall be submitted in a referendum of the electoral corps of the
provinces within the territorial area to be covered by the draft statute. In
the event that it is passed by the majority of the validly cast votes in each
province٫ it shall be promulgated under the terms outlined in the foregoing
subparagraph.
(۳) In the cases described in Subparagraphs ۴) and ۵) of the foregoing
paragraph٫ failure to pass the draft statute by one or several of the provinces
shall not impede the constitution of the remaining provinces into an Autonomous
Community in the form as shall be established by the organic law envisaged in
Paragraph (۱).
Article ۱۵۲ [Governing Council]
(۱) In the Statutes passed by means of the procedure referred to in the
foregoing article٫ the institutional autonomous organization shall be based on
a legislative assembly elected by universal suffrage in accordance with a
system of proportional representation which assures٫ moreover٫ the
representation of the various areas of the territory; a Governing Council
with execcccutive and administrative functions٫ and a president elected by the
Assembly from among its members and appointed by the King٫ to whom shall be
responsible for directing the Governing Council٫ which constitutes the supreme
representation of the respective Community as well as the State”s ordinary
representation in the latter. The president and the members of the Governing
Council shall be politically responsible before the Assembly.
A High Court of Justice٫ without prejudice to the jurisdiction exercised by the
Supreme Court٫ shall be at the head of the Judiciary within the territorial
area of the Autonomous Community. The statutes of the Autonomous Communities
shall establish the circumstances and manner in which they will participate in
the organization of the judicial demarcations of the territory. All of this
must be in conformity with the provisions of the organic law on judicial power
and compatible with its unity and independence. Without prejudice to the
provisions of Article ۱۲۳٫ successive appeals shall٫ where applicable٫ be
lodged with judicial bodies located in the same territory of the Autonomous
Community as that in which the competent court of the first instance is
located.
(۲) Once the respective statutes have been sanctioned and promulgated٫ they may
only be amended by means of the procedures established therein and through a
referendum of the electors registered in the corresponding electoral rolls.
(۳) By means of grouping the bordering municipalities together٫ the Statutes
may establish their own territorial electoral districts٫ which will enjoy full
legal personality.
Article ۱۵۳ [Control]
Control over the activity of the organs of the Autonomous Communities shall be
exercised by
a) the Constitutional Court٫ in matters relative to the constitutionality of
its normative provisions havingggg the force of law; b) the Government٫
after the handing down by the Council of State of its opinion٫ regarding the
exercise of the delegated functions referred to in Article ۱۵۰ (۲); c) the
jurisdiction in administrative litigation٫ with regard to autonomous
administration and its regulatory norms;
d) the Court of Accounts٫ with regard to economic and budgetary matters.
Article ۱۵۴ [Government Delegate]
A delegate appointed by the Government shall direct the administration of the
State in the territorial area of each Autonomous Community and shall coordinate
it٫ when necessary٫ with the Community”s own administration.
Article ۱۵۵ [Government Force]
(۱) If an Autonomous Community does not fulfill the obligations imposed upon it
by the Constitution or other laws٫ or should act in a manner seriously
prejudicing the general interest of Spain٫ the Government٫ after lodging a
complaint with the President of the Autonomous Community and failing to receive
satisfaction therefor٫ may٫ following approval granted by an absolute majority
of the Senate٫ adopt the means necessary in order to oblige the latter forcibly
to meet said obligations٫ or in order to protect the above-mentioned general
interest.
(۲) With a view to implementing the measures provided for in the foregoing
paragraph٫ the Government may give instructions to all the authorities of the
Autonomous Communities.
Article ۱۵۶ [Financial Autonomy]
(۱) The Autonomous Communities shall enjoy financial autonomy for the
development and exercise of their competencies٫ in conformity with the
principles of coordination with the State Treasury and solidarity among all
Spaniards.
(۲) The Autonomous Communities may act as delegates or collaborators of the
State for the collection٫ management٫ and settlement of the latter”s tax
resources٫ in conformity with the law and the statutes.
Article ۱۵۷ [Tax Autonomy]
(۱) The resources of the Autonomous Communities shall consist of:
a) taxes wholly or partially assigned to them by statute٫ charrrrges on State
taxes٫ and other shares in State taxes;
b) their own taxes٫ rates٫ and special levies;
c) transfers from an inter-territorial clearing fund and other allocations to
be charrrrged to the General State Budgets;
d) revenues accruing from their property and private law income;
e) the yield from credit operations.
(۲) The Autonomous Communities may under no circumstances adopt measures to
raise taxes on property located outside their territory or likely to hinder the
free movement of goods or services.
(۳) By means of an organic law٫ the exercise of the financial competences
enumerated in Paragraph (۱) may be regulated٫ the norms for settling the
conflicts which may arise٫ and the possible forms of financial collaboration
between the Autonomous Communities and the State.
Article ۱۵۸ [State Allocation٫ Clearing Fund]
(۱) In the General State Budgets٫ an allocation may be made to the Autonomous
Communities in proportion to the volume of State services and State activities
for which they have assumed responsibility and to their guarantee to provide a
minimum level of basic public services throughout Spanish territory.
(۲) With the objectttt of correcting inter-territorial economic imbalances and
implementing the principle of solidarity٫ a
clearing fund shall be established for investment expenditure٫ whose resources
shall be distributed by the Parliament among the Autonomous Communities and the
provinces٫ as the case may be.
Title IX Constitutional Court
Article ۱۵۹ [Composition]
(۱) The Constitutional Court is composed of twelve members appointed by the
King. Of these٫ four shall be nominated by the House of Representatives by a
majority of three-fifths of its members٫ four shall be nominated by the Senate
with the same majority; two shall be nominated by the Government٫ and two
by the General Council of the Judiciary.
(۲) The members of the Constitutional Court shall be appointed from among
Magistrates and Prosecutors٫ University professors٫ public officials٫ and
lawyers٫ all of whom must be jurists of acknowledged competence with at least
fifteen years of professional experience.
(۳) The members of the Constitutional Court shall be appointed for a period of
nine years and shall be renewed by thirds every three years.
(۴) The office of member of the Constitutional Court is incompatible with any
representative function٫ with a management role in a political party or trade
unionnnn٫ or any employment in their service٫ with a career as Judge or
Prosecutor٫ and with any professional or commercial activity whatsoever.
In other cases٫ the incompatibilities relative to the judicial power shall also
be applicable to the members of the Constitutional Court.
(۵) The members of the Constitutional Court shall be independent and
irremovable during their term of office.
Article ۱۶۰ [President]
The President of the Constitutional Court shall be appointed by the King from
among its members٫ on the recommendation of the Plenum of the Court itself٫ for
a period of three years.
Article ۱۶۱ [Competences]
(۱) The Constitutional Court has jurisdiction over the whole of Spanish
territory and is competent to hear:
a) appeals on the grounds of unconstitutionality against laws and regulations
havingggg the force of law; a declaration of unconstitutionality of a
legal rule with the status of law٫ interpreted by jurisprudence٫ shall also
affect the latter٫ although an overturned sentence or sentences shall not lose
the validity of a judgment; b) appeals against violation of the rights and
liberties referred to in Article ۵۳ (۲)٫ in the cases and forms to be
established by law; c) conflicts of competence between the State and the
Autonomous Communities or between the Autonomous Communities themselves;
d) other matters assigned to it by the Constitution or by organic laws.
(۲) The Government may contest before the Constitutional Court the provisions
and resolutions adopted by the organs of the Autonomous Communities. The
challenge shall produce the suspension of the contested provisions or
resolution٫ but the Court must either ratify or lift the suspension٫ as the
case may be٫ within a period of not more than five months.
Article ۱۶۲ [Standing]
(۱) The following are eligible to:
a) lodge an appeal of unconstitutionality: the President of the
Government٫ the Defender of the People٫ fifty Deputies٫ fifty Senators٫ the
execcccutive corporate bodies of the Self-Governing Communities and٫ when
applicable٫ their Assemblies;
b) lodge an appeal: any natural or legal person invoking a legitimate interest٫
as well as the Defender of the People and the Office of the Public Prosecutor.
(۲) In all other cases٫ the organic law shall determine which persons and
organs are eligible.
Article ۱۶۳ [Constitutionality Review]
If a judicial organ considers٫ in some action٫ that a regulation with the
status of law which is applicable thereto and upon the validity of which the
judgment depends٫ may be contrary to the Constitution٫ it may bring the matter
before the Constitutional Court in the cases٫ manner٫ and with the consequences
which the law establishes٫ which in no case shall be suspensive.
Article ۱۶۴ [Effect of Judgments]
(۱) The verdicts of the Constitutional Court shall be published in the Official
State Gazette with the dissenting votes٫ if any. They have the validity of a
judgment as from the day following their publication٫ and no appeal may be
brought against them. Those which declare the unconstitutionality of a law or
of a norm with the force of law٫ and all those which are not limited to the
subjective evaluation of a right٫ shall be fully binding on everybody.
(۲) Unless the verdict rules otherwise٫ that part of the law not affected by
unconstitutionality shall remain in force.
Article ۱۶۵ [Organizational Law]
An organic law shall regulate the functioning of the Constitutional Court٫ the
statutes of its members٫ the procedure to be followed before it٫ and the
conditions governing actions brought before it.
Title X Constitutional Amendment
Article ۱۶۶ [Initiative]
The right to propose a Constitutional amendment shall be exercised under the
terms contained in Article ۸۷ (۱) and (۲).
Article ۱۶۷ [Procedure]
(۱) Bills on Constitutional amendment must be approved by a majority of
three-fifths of the members of each Chamber. If there is no agreement between
the Chambers٫ an effort to reach it shall be made by setting up a Joint
Commission of Deputies and Senators which shall submit a text to be voted on by
the House of Representatives and the Senate.
(۲) If adoption is not obtained by means of the procedure outlined in the
foregoing paragraph٫ and provided that the text has obtained a favorable vote
by an absolute majority of the Senate٫ the House of Representatives may approve
the amendment by a two-thirds vote.
(۳) Once the amendment has been passed by the Parliament٫ it shall be submitted
to a referendum for its ratification٫ if so requested by one tenth of the
members of either Chamber within fifteen days after its passage.
Article ۱۶۸ [Revision]
(۱) When a total revision of the Constitution is proposed٫ or a partial
revision thereof٫ affecting the Preliminary Title٫ Chapter II٫ Section ۱ of
Title I٫ or Title II٫ the principle shall be approved by a two-thirds majority
of the members of each Chamber٫ and the Parliament shall immediately be
dissolved.
(۲) The Chambers elected must ratify the decision and proceed
to examine the new Constitutional text٫ which must be approved by a two-thirds
majority of the members of both Chambers.
(۳) Once the amendment has been passed by the Parliament٫ it shall be submitted
to ratification by referendum.
Article ۱۶۹ [Restriction]
A Constitutional amendment may not be initiated in time of war or when any of
the states outlined in Article ۱۱۶ are in operation.
[Title XI] Additional Provisions
[Article ۱]
(۱) The Constitution protects and respects the historic rights of the
territories with “fueros”.
(۲) The general updating of the “fuero” system shall be carried out٫ when
appropriate٫ within the framework of the Constitution and of the Statutes of
Autonomy.
[Article ۲]
The declaration regarding coming of age contained in Article ۱۲ shall not be
prejudicial to the cases to which the “fuero” rights are applicable within the
sphere of Private Law.
[Article ۳]
Any modification of the financial and tax system of the Canarian Archipelago
shall require a previous report from the Autonomous Community or٫ as the case
may be٫ from the provisional autonomous organ.
[Article ۴]
In those Autonomous Communities where more than one Territorial Court has its
offices٫ the Statutes of Autonomy may maintain the existing Courts٫
distributing jurisdiction among them٫ provided this is done always in
accordance with the provisions of the Organic Law on Judicial Power and in
conformity with its unity and independence.
[Title XII] Transitional Provisions
[Article ۱]
In the territories with a provisional regime of Autonomy٫ their higher
collegiate organs may٫ by means of an agreement adopted by an absolute majority
of their members٫ substitute for the initiative which٫ in Article ۱۴۳ (۲) is
attributed to the Provincial Councils or corresponding inter-island organs.
[Article ۲]
The territories which in the past have٫ by plebiscite٫ approved draft Statutes
of Autonomy٫ and which٫ at the time of the promulgation of this Constitution٫
have provisional regimes of autonomy٫ may proceed immediately in the manner
provided in Article ۱۴۸ (۲)٫ when agreement thereon is reached by an absolute
majority of their pre-autonomous higher collegiate organs٫ and the Government
is duly informed. The draft statutes shall be drawn up in accordance with the
provisions of Article ۱۵۱ (۲) when so requested by the pre-autonomous
collegiate organ.
[Article ۳]
The initiative of the process towards autonomy conferred on the local
corporations or their members٫ which is contained in Article ۴۳ (۲)٫ shall be
postponed for all purposes until the first local elections have taken place٫
once the Constitution has come into effect.
[Article ۴]
In the case of Navarra٫ and for the purposes of its incorporation into the
General Basque Council or the Basque autonomous regime replacing it٫ instead of
the provisions established by Article ۱۴۳٫ the initiative shall lie with the
competent “Foral” organ٫ which shall adopt its decision by a majority of the
members comprising it. In order for this initiative to be valid٫ the decision
of the competent “Foral” organ must also be ratified by a referendum expressly
held for this purpose and passed by a majority of the valid votes cast. If the
initiative does not succeed٫ it may only be repeated during a different term of
office of the competent “Foral” organ and٫ in any case٫ only when the minimum
period laid down in Article ۱۴۳ has elapsed.
[Article ۵]
The cities of Ceuta and Melilla may constitute themselves as Autonomous
Communities if their respective Municipal Councils should so decide by means of
an absolute majority of their members and if the Parliament thus authorizes٫ by
means of an organic law٫ under the terms provided in Article ۱۴۴.
[Article ۶]
When various draft statutes are referred to the Constitutional Commission of
the House of Representatives٫ decisions regarding them shall be taken according
to the order in which they are received. The two months” period referred to
in Article ۱۵۱ shall be counted from the moment that the Commission terminates
its study of the draft or drafts that it has successively examined.
[Article ۷]
The provisional autonomous organisms shall be considered dissolved in the
following cases:
a) once the organs established by the Statutes of Autonomy approved in
conformity with the Constitution have been established; b) in the event
that the initiative of the autonomous process should not be successful on
account of non-compliance with the requirements provided in Article ۱۴۳; c)
if the organism has not exercised the right recognized in the first transitory
provision within a period of three years.
[Article ۸]
(۱) Once the present Constitution has become effective٫ the Chambers which
adopted it shall assume the functions and powers indicated therein for the
House of Representatives and the Senate respectively٫ while under no
circumstances shall their term of office continue beyond ۱۵ June ۱۹۸۱.
(۲) With regard to the provisions established in Article ۹۹٫ the promulgation
of the Constitution shall be considered as creating the Constitutional basis
for its subsequent application. To this end٫ there shall be a thirty-day
period٫ as from the date of the promulgation٫ for implementing the provisions
laid down in said article. During this period٫ the current President of the
Government٫ who shall assume the functions and competencies established by the
Constitution for this office٫ may opt to utilize the authority conferred on him
by Article ۱۱۵ or٫ by means of resignation٫ leave the way open for application
of the provisions established in Article ۹۹. In the latter case٫ the situation
relative to the President shall be that provided in Article ۱۰۱ (۲).
(۳) In the case of dissolution٫ in accordance with the provisions of Article
۱۱۵٫ and if the provisions contained in Articles ۶۸ and ۶۹ have not been
enacted into law٫ the rules previously in force shall be applicable in the
elections٫ with the sole exception of those provisions which refer to
ineligibilities and incompatibilities٫ to which the provisions of Article ۷۰
(۱) b) shall be directly applicable٫ as well as its provisions concerning the
voting age and those contained in Article ۶۹ (۳).
[Article ۹]
Three years after the election for the first time of the members of the
Constitutional Court٫ lots shall be drawn for the designation of a group of
four members of the same background as those who must retire and be replaced.
For this purpose٫ the two members designated by the General Council of the
Judicial Power shall be considered as coming from the same background. In the
same manner٫ after three years have elapsed٫ the same procedure shall be
carried out with regard to the two groups not affected by the previous drawing
of lots. Thereafter٫ the provisions established in Article ۱۵۹ (۳) shall be
applied.
[Title III] Repeal Provision
[Article ۱]
(۱) Law ۱/۱۹۷۷٫ of ۴ Jan٫ for political reform٫ is hereby repealed٫ as well as
the following laws٫ in so far as they were not already repealed by the
abovementioned law:
– the Law of the Fundamental Principles of the Movement of ۱۷ May ۱۹۵۸٫
– the “Fuero” of the Spanish People of ۱۷ July ۱۹۴۵٫
– the “Fuero” of Labor of ۹ March ۱۹۳۸٫
– the Constitutive Law of the Parliament of ۱۷ July ۱۹۴۲٫
– the Law of Succession for the Headship of State of ۲۶ July ۱۹۴۷٫
– all of which as amended by the Organic Law of State of ۱۰ Jan ۱۹۶۷٫ and under
the same terms٫ last mentioned٫
– the law of the National Referendum of ۲۲ Oct ۱۹۴۸.
(۲) To the extent that it may still retain some validity٫ the Royal Decree of
۲۵ Oct ۱۸۳۹ shall be definitively repealed in so far as it affects the
provinces of Alava٫ Guipuzcoa٫ and Vizcaya.
Under the same terms٫ the Law of ۲۱ July ۱۸۷۶ shall be considered definitively
repealed.
(۳) Likewise٫ any provisions contrary to those contained in the Constitution
shall be repealed.
[Title XIV] Final Provision
[Article ۱]
This Constitution shall enter into force on the day of the publication of the
official text in the Official State Gazette. It shall also be published in the
other languages of Spain.