Key Aspects of the Spanish Constitution

Preliminary Title of the Spanish Constitution

Spain is a social and democratic state of law. Sovereignty resides in the Spanish people. The Constitution is based on the indissoluble unity of the Spanish nation. The political form is the parliamentary monarchy.

Castilian is the official language of the State. Other languages are also official in their respective regions.

The state capital is the city of Madrid.

Citizens and public authorities are subject to the Constitution and other legislation.

Title II: The Crown

The person of the King is inviolable and not subject to liability. This means their acts must be countersigned by the Prime Minister, ministers, or the President of the Congress.

Title III: The General Courts

The General Courts (Cortes Generales) are composed of the Congress of Deputies (lower house) and the Senate (upper house). Legislative power is exercised by the General Courts.

Deputies and senators are protected by parliamentary immunity and inviolability.

• Inviolability: Not subject to any control regarding opinions expressed or votes cast in the exercise of their functions.
• Immunity: Cannot be arrested or prosecuted unless the entire Congress or Senate votes to lift the immunity.

The Congress of Deputies

The Congress of Deputies is composed of a minimum of 300 and a maximum of 400 members (currently 350). Deputies are elected every 4 years by universal suffrage, which is free, equal, direct, and secret.

Roles of Members of Congress

• Legislature (Legislative initiative)
• Democratic control (no-confidence vote, elects the President of the Government)
• Budgetary control (approve the General State Budget)

The Senate

The Senate is the chamber of territorial representation. It is composed of 259 senators (208 elected directly by the people and 51 appointed by the autonomous communities).

Majority Rules

• Unanimity: When the entire Congress or Senate votes yes or no.
• Absolute Majority: More than half of the total number of votes (e.g., half + 1 of all members).
• Relative Simple Majority: More than half of the votes cast by those present (more 'yes' votes than 'no' votes among attendees).

Sources of Spanish Law

1. The Law

   A standard issued by the competent authority.

2. Customs (Costumbres)

   A repeated behavior that ends up becoming the norm (which is not against the law and must be proven).

3. General Principles of Law

   Guidelines used for the correct interpretation and application of standards.

Hierarchy of Norms

• The Spanish Constitution
• International Treaties

Any treaty must be approved by Parliament and becomes part of the legal system.

Organic Law (Ley Orgánica)

Requires an absolute majority for approval.

• Development of fundamental rights and civil liberties.
• Approval of the Statutes of Autonomy.
• General Election Law.
• Any matter which the Constitution states must be governed by Organic Law.

Ordinary Law (Ley Ordinaria)

Legislative Acts by the Government

Decree-Laws (Decreto-Ley)

In case of extraordinary and urgent necessity, the government may issue temporary legislative provisions which take the form of executive orders. These then become ordinary laws after ratification by Congress. Duration: 30 days (before ratification).

Legislative Decrees (Decreto Legislativo)

Issued by the government under delegation from the General Courts.

• Recast: Merges into a single text all provisions on the same topic.
• Text Articles: Creates a new text by compiling or modifying existing standards based on a framework law.

Regulations (Reglamentos)

Rules without the force of law, primarily developing aspects of higher-ranking norms (e.g., Royal Decrees, Ministerial Orders).