Spanish Constitution and Legislature: A Comprehensive Overview

The Spanish Constitution

The Spanish Constitution is the fundamental law of Spain. It was adopted by referendum on December 6, 1978, and published in the Official State Gazette (BOE) on December 29, 1978. The Constitution is divided into a preamble and ten titles, comprising 179 articles, plus four additional provisions, nine transitional provisions, one derogatory provision, and one final provision.

The Legislature

The State Legislature, the Cortes Generales, represents the Spanish people. The Cortes Generales are divided into two chambers: the Congress of Deputies (Congreso de los Diputados) and the Senate (Senado).

The Congress of Deputies

The Congress of Deputies represents the nation, and its members are organized by political parties. The Congress is composed of a minimum of 300 and a maximum of 400 deputies; currently, there are 350 members. They are elected through lists presented by political parties, with seats allocated proportionally to the number of votes won by each list.

Functions of the Congress of Deputies

• Preparation and approval of laws
• Investiture vote of the Prime Minister
• Exercising control over the government by asking questions
• Approving the general state budget
• Reforming the Constitution
• Appointing the Ombudsman

The Senate

The Senate represents the autonomous communities and is responsible for studying and passing laws sent by the Congress.

Unlike the Congress, where candidates are elected through party lists, Senate candidates are elected individually.

Election of Senators

Senators by Province:

• Four senators are elected by each province.
• Three senators are elected for each of the islands of Gran Canaria, Mallorca, and Tenerife.
• One senator is elected for each of the islands of Ibiza, Formentera, Menorca (Balearic Islands), Fuerteventura, Gomera, Hierro, Lanzarote, and La Palma.
• Ceuta and Melilla each elect two senators.

Senators by Region:

• The legislature of each autonomous community appoints one senator.
• One additional senator is appointed for every million inhabitants of the autonomous community.

The Senate has 259 senators.

Deputies and senators enjoy absolute immunity and inviolability during their term.

Inviolability protects parliamentarians from being subject to control or censure for the views expressed during their term.

Immunity protects members of parliament from being arrested or prosecuted unless caught in the act, except with authorization from the respective chamber.

Organization and Functioning of the Chambers

Both the Congress and the Senate have a President, a Bureau, a Board of Spokespersons, and a Permanent Deputation.

• The President represents the chamber and controls the development of parliamentary activity. The President is elected by the chamber and has the following functions:
  • Convening and chairing meetings
  • Determining the order of business
  • Ensuring that votes are carried out according to the rules
  • Managing the speaking time of each representative or senator
  • Managing the order of responses
  • Opening and closing meetings
• The Bureau consists of the President, four Vice Presidents, and four Secretaries, who are elected at the beginning of the legislature by the chambers and are responsible for the organization of parliamentary work.
• The Board of Spokespersons comprises the President and the spokesperson of each parliamentary group. Its function is to set the agenda of meetings.

The chambers operate in plenary sessions and in committees. A plenary session involves all members meeting together, while a committee is a group of deputies or senators gathered to discuss a particular subject.