An Organic Law in Spanish

Spain

Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...

 law

Law of Spain

The Law of Spain is the term used to describe the legislation which is in force in the Kingdom of Spain, which is understood to mean Spanish territory, Spanish waters, consulates and embassies, and ships flying the Spanish flag in international waters. It is also applicable to the Spanish armed...

 under the present Spanish Constitution of 1978

Spanish Constitution of 1978

-Structure of the State:The Constitution recognizes the existence of nationalities and regions . Preliminary Title As a result, Spain is now composed entirely of 17 Autonomous Communities and two autonomous cities with varying degrees of autonomy, to the extent that, even though the Constitution...

 must be passed by an absolute majority of the Congress of Deputies (not merely a majority of those voting). The Spanish Constitution specifies that some areas of law should be regulated by this procedure, such as the Laws of Development of Fundamental Rights and Freedoms contained in the first section of Chapter Two of Title I of the Constitution, which was the basis for the Statutes of Autonomy

Statute of Autonomy

Nominally, a Statute of Autonomy is a law hierarchically located under the constitution of a country, and over any other form of legislation...

 of the various autonomous communities of Spain

Autonomous communities of Spain

An autonomous community In other languages of Spain:*Catalan/Valencian .*Galician .*Basque . The second article of the constitution recognizes the rights of "nationalities and regions" to self-government and declares the "indissoluble unity of the Spanish nation".Political power in Spain is...

. Prior to the 1978 constitution this concept had no precedent in Spain, but was inspired by a similar concept in the current French Constitution of 1958, which established the French Fifth Republic

French Fifth Republic

The Fifth Republic is the fifth and current republican constitution of France, introduced on 4 October 1958. The Fifth Republic emerged from the collapse of the French Fourth Republic, replacing the prior parliamentary government with a semi-presidential system...

.

Juridically, organic laws are at the same level as ordinary law

Ordinary law

An ordinary law is a normal law, generally distinguished from a constitutional law, organic law, or other similar law. Typically, ordinary laws are subordinate to constitutional and organic laws, and are more easily changed than constitutional or organic laws, though that should not be assumed to...

s. The difference between the two is in the more restrictive process for creating organic laws and in the matters that they regulate.

Definition and application

Article 81.1 of the Spanish Constitution says: "Organic laws are those related to the development of fundamental rights and public liberties, those that approve Statutes of Autonomy and the general electoral regime, and others foreseen in the Constitution." In compliance with this, Organic Laws include the following:

• Those that develop the fundamental rights and public liberties mentioned in Articles 15–29 of the Constitution). An example is the Organic Law of Education (Spanish:Ley Orgánica de Educación) that expands upon Article 27 of the Constitution.
• Statutes of Autonomy. An example is the revised Statute of Autonomy of Andalusia
  Statute of Autonomy of Andalusia
  The Statute of Autonomy of Andalusia is a law hierarchically located under the 1978 Constitution of Spain, and over any legislation passed by the Andalusian Autonomous Government...
  
  , Ley Orgánica 2/2007, adopted 19 March 2007.
• The general electoral regime, currently (as of 2009) regulated by Ley Orgánica 5/1985, adopted 19 June 1985.
• "…others foreseen in the Constitution." There area a number of matters in the Constitution that presume development by laws. In some cases it is explicit that these are to be developed by Organic Law. For example:
• The basis of military organization (Article 8.2)

Ley Orgánica 6/1980 (1 July 1980), which regulates basic criteria of National Defense and Military Organization.

• The institution of the Defensor del Pueblo (literally "Defender of the Public"), a type of ombudsman
  Ombudsman
  An ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...
  
   (Article 54)

Ley Orgánica 3/1981 (6 April 1981), of the Defensor del Pueblo

• Suspension of the rights recognized in Articles 17.2, 18.2 and 18.3 in relation to investigations related to the activities of armed groups or terrorist elements (Article 55.2)

Ley Orgánica 9/1984, (26 December 1984), against the activities of armed groups and terrorist elements, and the development of Article 55.2 of the Constitution

• Abdication
  Abdication
  Abdication occurs when a monarch, such as a king or emperor, renounces his office.-Terminology:The word abdication comes derives from the Latin abdicatio. meaning to disown or renounce...
  
  s and renunciations and any doubt of fact or right that occurs in the line of succession of the throne of Spain (Article 57.5)
• Regulation of the direct election of Senators
  Spanish Senate
  The Senate of Spain is the upper house of Spain's parliament, the . It is made up of 264 members: 208 elected by popular vote, and 56 appointed by the regional legislatures. All senators serve four-year terms, though regional legislatures may recall their appointees at any time.The last election...
  
   (Article 69.)

Ley Orgánica 5/1985 (19 June 1985), of the general election regime (Ley Orgánica del Régimen Electoral General, LOREG

• Forms of exercise and requirements for popular initiative
  Initiative
  In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
  
   for the presentation of propositions of law (Article 87.3)

Ley Orgánica 3/1984 (28 March 1984), regulation of popular legislative initiative

• The conditions and procedure for the several modalities of referendum
  Referendum
  A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
  
   foreseen in the Constitution (Article 92.3)

Ley Orgánica 2/1980 (18 January 1980), about regulation of the several modalities of referendum

• Authorization of treaties under which an international organization or institution can exercise competencies derived from the Constitution (Article 93)

Ley Orgánica 10/1985 (2 August 1985), authorization for the adhesion of Spain to the European Community (later European Union

European Union

The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...

)

• Functions, basic principles of activity and statutes of security and police forces (Article 104.2)

Ley Orgánica 2/1986 (13 March 1986), about security and police forces

• Composition and competency of the Council of State (Consejo de Estado) (Article 107)

Ley Orgánica 3/1980 (22 April 1980) of the Council of State

• Regulation of states of emergency
  State of emergency
  A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
  
  —the Spanish constitution distinguishes a state of alarm, a state of exception
  State of exception
  State of Exception may mean:* State of exception* State of Exception , a book written by Giorgio Agamben...
  
  , and a state of siege
  State of Siege
  State of Siege is a 1972 French film directed by Costa Gavras starring Yves Montand and Renato Salvatori.-Summary:...
  
  —and the corresponding competencies and limitations (Article 116.1)

Ley Orgánica 4/1981 (1 June 1981), of states of alarm, exception and siege

• Constitution, functioning and governing of Courts and Tribunals, and the legal status of judges and magistrates and staff for the administration of justice (Article 122.1)

Ley Orgánica 6/1985 (1 July 1985) of judicial power

• The statute of the General Council of the Judicial Power
  General Council of the Judicial Power of Spain
  The General Council of the Judiciary is the constitutional body that governs all the Judiciary of Spain, such as courts, and judges, as it is established by the Spanish Constitution of 1978, article 122 and developed by the Organic Law 6/1985 of the Judiciary Power...
  
   and the regime of incompatibilities of its members and their functions, in particular the matters of appointment, ascent, inspection and disciplinary regime (Article 122)

Ley Orgánica 1/1980 (10 January 1980), of the General Council of the Judicial Power

• Regulation of the naming of the twelve members of the General Council of the Judicial Power who are not named by proposal by the Congress and Senate (art. 122.3)

Ley Orgánica 1/1980 (10 January 1980), of the General Council of the Judicial Power

• Composition, organization and functions of the Court of Accounts
  Court of Accounts (Spain)
  In Spain, the Tribunal de Cuentas is the supreme financial accounts body, and is also responsible for both the state and the public sector's economy management, without detriment to its own jurisdiction, in accordance with the Constitution and its Organic Law.The equivalent of the Court of...
  
   (Article 136.4)

Ley Orgánica 2/1982 (12 May 1982) of the Court of Accounts

• Alteration of provincial
  Provinces of Spain
  Spain and its autonomous communities are divided into fifty provinces .In other languages of Spain:*Catalan/Valencian , sing. província.*Galician , sing. provincia.*Basque |Galicia]] — are not also the capitals of provinces...
  
   borders (Article 141.1)
• Authorization for the constitution of uniprovincial autonomous communities [that is, cases where a single province constitutes an autonomous community] that do not meet the conditions of Article 143.1 (Article 144 a)

Ley Orgánica 6/1982 (7 July 1982), which authorizes the constitution of the Autonomous Community of Madrid

• Authorization or accord of statutes of autonomy for territories that are not integrated into the organization of provinces (Article 144 b)

Ley Orgánica 1/1995 (13 March 1995), on the Statute of Autonomy of Ceuta

Ceuta

Ceuta is an autonomous city of Spain and an exclave located on the north coast of North Africa surrounded by Morocco. Separated from the Iberian peninsula by the Strait of Gibraltar, Ceuta lies on the border of the Mediterranean Sea and the Atlantic Ocean. Ceuta along with the other Spanish...

Ley Orgánica 2/1995 (13 March 1995), on the Statute of Autonomy of Melilla

Melilla

Melilla is a autonomous city of Spain and an exclave on the north coast of Morocco. Melilla, along with the Spanish exclave Ceuta, is one of the two Spanish territories located in mainland Africa...

• Substitution of the initiative of local corporations referred to in Article 143.2 (Article 144 c)

Ley Orgánica 13/1980 (16 December 1980), substitution in the province of Almería of the autonomic initiative

• Reform of statutes of autonomy (Article 147.3)

Ley Orgánica 6/2006 (19 July 2006) on the reform of the Statute of Autonomy of Catalonia

Statute of Autonomy of Catalonia

The Statute of Autonomy of Catalonia provides Catalonia's basic institutional regulations. It defines the rights and obligations of the citizens of Catalonia , the political institutions of the Catalan nationality, their competences and relations with the rest of Spain, and the financing of the...

.

• Regulation of the coordination and other faculties of the autonomous communities in relation to local police (Article 148.1.22)

Ley Orgánica 2/1986 (13 March 1986), about security and police forces

• Creation of police forces for the autonomous communities in the form established in their respective Statutes [of autonomy] (Article 149.1.29)

Ley Orgánica 2/1986 (13 March 1986), about security and police forces

• Transfer or delegation of state competencies [that is, those of Spain itself] to the autonomous communities (Article 150.2)

Ley Orgánica 9/1992 (23 December 1992), on transference of competencies to autonomous communities that accede to autonomy by means of the path of Article 143 of the Constitution

• Regulation of the referendum foreseen in Article 151.1 (Article 151.1)

Ley Orgánica 2/1980 (18 January 1980), about regulation of the several modalities of referendum

• Regulation for the possibility that in case of the failure to approve a project of a Statute [of autonomy] by one or several provinces via referendum, the other [provinces of that proposed autonomous community] can constitute an autonomous community (Article 151.5)

Ley Orgánica 2/1980 (18 January 1980), about regulation of the several modalities of referendum

• Exercise of the financial competencies enumerated in Article 157.1, the norms to resolve conflicts that may arise and the possible forms of financial collaboration between the Autonomous Communities and the State (Article 157.3)

Ley Orgánica 8/1980 (22 September 1980), on the financing of the Autonomous Communities

• Competency of the Constitutional Court of Spain
  Constitutional Court of Spain
  thumb|300px|The [[Domenico Scarlatti]] Building located in [[Madrid]], seat of the Constitutional Court of Justice of Spain.The Constitutional Court of Spain is the highest judicial body with the power to determine the constitutionality of acts and statutes of the Spanish Government. It is...
  
   (Article 161.1.d)

Ley Orgánica 2/1979 (3 October 1979), on the Constitutional Court (Ley Orgánica del Tribunal Constitucional - LOTC)

• Determination of the persons and organs legitimated before the Constitutional Court (Article 162.2)

Ley Orgánica 2/1979 (3 October 1979), on the Constitutional Court (LOTC)

• Functioning of the Constitutional Court, the statute of its members, the procedure before the same, and the conditions for the exercise of its actions (Article 165)

Ley Orgánica 2/1979 (3 October 1979), on the Constitutional Court (LOTC)

Approval

The Constitution, in Article 81.2, says: "The approval, modification or derogation of organic laws requires an absolute majority of the Congress, in a final vote over the entire project."
That is to say, an organic law is presented as a project (by the government) or as a proposition of law (by the Cortes Generales

Cortes Generales

The Cortes Generales is the legislature of Spain. It is a bicameral parliament, composed of the Congress of Deputies and the Senate . The Cortes has power to enact any law and to amend the constitution...

) and must follow the same parliamentary procedures as an ordinary law. As the Constitution indicates, the principal difference in the process is that the Congress of Deputies must make a final vote, at the end of the entire process, where the law must obtain an absolute majority to be approved; for ordinary laws, this final vote is not required.

Article 87 of the Constitution establishes who may take legislative initiative to put a project or proposal of law (whether organic or ordinary) before the Cortes. Article 87.3 says, "An organic law will regulate the forms of exercise and requisites for a popular initiative for the presentation of propositions of law. In all cases, no fewer that 500,000 accredited signatures will be required. There shall be no such initiative in matters proper to organic law, treaties or laws of international character, nor in relation to the prerogative of mercy." Therefore, the government, the Congress, the Senate and the legislative assemblies of the autonomous communities can initiate the legislative processes that lead to the approval of an organic law (Articles 87.1 and 87.2); in contrast, popular initiatives are not permitted in this area.

Organic law as a source of law

During the over twenty-five years of existence, the Constitutional Court of Spain has made a particularly restrictive interpretation of the matters susceptible to regulation by organic law. The relation of organic law with ordinary law is not a hierarchical relationship but one of competency (scope).