Understanding the Spanish Government: Key Concepts

Key Aspects of the Spanish Government

1. The King's Role in a Parliamentary Monarchy:

The phrase "the king reigns but does not rule" signifies that the King of Spain holds no executive power. The people's representation holds the rightful status.

2. The Inviolability of the King:

The King's person is inviolable, meaning:

• a) They are immune from criminal laws.
• b) Their actions require countersignature by the Prime Minister or relevant ministers.

3. Legislative Process: Congress and Senate:

The Congress of Deputies can reject amendments to a law proposed by the Senate.

4. Senatorial Immunity:

Regarding the statements about senatorial immunity:

• a) A senator cannot be stopped because of immunity: False.
• b) A senator can be stopped in case of flagrante delicto: True.
• c) A senator can be arrested, but not a Member: False. All can be stopped.

5. Judicial Independence:

Judges cannot freely interpret rules under the principle of independence. They are not subject to orders or commands but must adhere to the provisions of the law. They do not have the freedom to act outside the law or offer free interpretations.

6. The Council of the Judiciary:

This is the self-governing body of the judiciary. It is responsible for the appointment, promotion, inspection, and discipline of judges and magistrates.

7. Functions of the Constitutional Court:

• Hearing constitutional appeals.
• Resolving defense resources.
• Resolving conflicts of jurisdiction.

8. Independence of Prosecutors and Judges:

Prosecutors and judges are subject to the provisions of the law. They are not subject to orders or commands and do not have the freedom to judge outside the law.

9. Who Can Bring Actions:

* Appeal of Unconstitutionality:

• President
• Government Ombudsman
• Representatives
• Senators
• Governments of the Autonomous Communities
• Legislative Assemblies of the Autonomous Communities

* Appeal of Amparo:

• Any person or body
• Ombudsman
• Tax Minister