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Constitutional Reform in Spain: Procedures and Articles 166-169

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Constitutional Reform Process (Articles 166-169 EC)

Definition: The process by which a state reviews all or part of its constitution.

Subjects Covered by Reform

  • Intangible materials (non-adjustable):
    • Italy and France: Republic status.
    • Sweden: The death penalty.
  • Tangible materials:
    • Spain: EC-wide provisions can be modified.

Comparative Systems

  • U.S. System: Amendments added to the Constitution.
  • English System: Summation of fundamental laws based on custom.
  • European System: Modifying existing articles and creating new ones.

The Spanish System

  • Initiative (Article 187 EC):
    • Government
    • Congress
    • Senate
    • Assemblies of the Autonomous Communities
  • Requirements: As per Article 87, sections 1 and 2.

Abbreviated Reform Procedure (Article 167 EC)

This procedure applies to all EC materials except for total revision, the Preliminary Title, fundamental rights and freedoms, and the Crown.

  1. Drafting of the project.
  2. Approval by a 3/5 majority in both Congress and the Senate.
  3. Formation of a Joint Commission of congressmen and senators.
  4. The Joint Committee submits a text for a vote in both chambers.
  5. If the 3/5 majority is not reached: If approved by an absolute majority in Congress, the Senate may approve it with a 2/3 majority.
  6. Optional Referendum: To ratify the reform.
  7. Timeline: 15 days after approval.
  8. Request: Can be initiated by 1/10 of either house.

Aggravated Reform Procedure (Article 168 EC)

This procedure is mandatory for total reform, the Preliminary Title, fundamental rights and freedoms, and the Crown.

  1. Principle of reform adopted by a 2/3 majority of each chamber.
  2. Immediate dissolution of the chambers.
  3. New chambers must ratify the decision.
  4. Study and drafting of the new constitutional text.
  5. Approval by a 2/3 majority of each chamber.
  6. Mandatory Referendum: Required for final approval.

Limits to Constitutional Reform

Reform cannot be initiated during:

  • Wartime.
  • States mentioned in Article 116 EC:
    • State of Alarm.
    • State of Exception.
    • State of Siege.

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