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73-630: The basic aspects of the PGE are defined by article 134 of the Spanish Constitution of 1978 . The General State Budget are annual, include all the expenses and income of the state public sector and they are the amount of tax benefits that affect state taxes. Spain was a pioneer in terms of transparency in 1978 because of the introduction of this obligation with respect to tax benefits. Since these are equivalent to an indirect subsidy, they can be considered an expense and therefore must be included in

146-459: A market economy which can be subject to government planning (Section 38). Chapter Three includes Sections 39 to 52. They lay out the foundations of the Spanish welfare state in accordance with the constitutional mandate for a social state (Section 1) and for effective freedom and equality and societal integration for all citizens and collectives (Section 9, Part 2). It includes provisions for

219-495: A common regulatory framework, for example in the setting of the public deficit. The legislation of the European Union , its budgets and the exchange of various payments and collections with the different Spanish public administrations, also imply different limitations of the national budget capacity and autonomy of Spain. Spanish Constitution of 1978 The Spanish Constitution ( Spanish : Constitución Española )

292-417: A large ( DIN A3 or larger) ochre -colored ballot called a sábana or bedsheet . Each voter may mark up to three candidates' names, from any party. This is the only occasion when Spanish voters vote for individuals rather than a party list . Panachage is allowed, but typically voters cast all three votes for candidates of a single party. As a result, the four senators are usually the three candidates from

365-652: A list of civic rights and duties. Section 30 includes military duties with guarantees and alternatives for conscientious objectors (this section has been inactive since 2002). Section 31 establishes a progressive and non-confiscatory tax system . The principles of family law are laid out in Section 32. Chapter Two also deals with the right to property (Section 33), to create foundations (Section 34), to work (Section 35), to create professional associations (Section 36) and to collective bargaining (Section 37). This Section also guarantees economic freedom and calls for

438-510: A male preference primogeniture to the successors of King Juan Carlos I and his dynasty, the Bourbon dynasty . The heir to the throne receives the title of Prince or Princess of Asturias as well as the other historic titles of the heir and the other children received the title of Infantes or Infantas. If some person with rights of succession marries against the will of the King or Queen regnant or

511-831: A number of additional and transitory provisions. Notably, the Constitution also formally repealed several important Spanish laws related the political history of the country: the Laws of 25 October 1839 and 21 July 1876, related to the Basque fuero s and the aftermath of the Carlist Wars , as well as all of the Fundamental Laws of the Realm were repealed. It also supersedes the Law of 4 January 1977, on Political Reform, which

584-550: A proposal or amendment that supposes an increase of the credits (expense) or a decrease of the budgetary income, but this proposal requires the agreement of the Government for its processing. The Budget Act can not create taxes . You can modify them when a substantive tax law so foresees. Article 135 of the Constitution , introduced in 2011, establishes the principles of stability and budget sustainability. Among them it

657-773: A public pension system , a social security system, public healthcare and cultural rights . Chapter Four includes a series of guarantees for fundamental rights. Section 53 limits the regulation of all rights in Chapter Two and Chapter Three to statutory law , which excludes administrative regulation ( reglamentos ). These statutes must respect the essential content of said rights. The fundamental rights and public freedoms included in Section One of Chapter Two can be invoked directly, and they ought to be regulated by means of Organic Law (which ensures greater political consensus). The creation of this statute cannot be delegated to

730-597: A territorial chamber. Consequently, although in general its powers are similar to those of the Congress of Deputies, it is endowed with exceptional powers such as authorising the Government to apply direct rule to a region or to dissolve local government councils. Intensive debates about reforming the Senate's function and purpose have been going on for many years without any resolution. The first Spanish Constitution,

803-461: Is entrenched , meaning it is extremely difficult to modify or repeal, in order to prevent the establishment of a legal dictatorship via constitutional amendment. Furthermore, an individual can request the protection of a justice court if any of these rights are infringed. Individual rights include the right to life (Section 15), freedom of conscience (Section 16), right to freedom and security (Section 17), honour, privacy and inviolability of

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876-410: Is also present in civil procedures; in practice, the King has never been prosecuted and it is unlikely that he would be prosecuted even if it was proven that the monarch had committed a crime. The legal justification for royal immunity is that the King is mandated by the Constitution to fulfill several roles as the head of state; thus, the King is obligated to perform his actions and fulfill his duties, so

949-429: Is done through a procedure or institution called the refrendo (" countersigning " in the official English translation of the constitution). All the King's acts have to undergo the refrendo procedure. Through the refrendo, other persons assume legal and political responsibility for the King's acts, if such responsibility is demanded from them. Article 64 explains the refrendo and transfers responsibility for royal acts to

1022-434: Is established that the credits to pay the public debt are always present in the budget and are of absolute priority. This means that even if the budget does not include a forecast of expenditure in debt payment, if there are debts, the credit for that expense is automatically understood as being included in the budget in a virtual way by this article of the constitution. The principles established in this article are developed in

1095-469: Is more complicated: the rule is to require a three fifths (60%) of both houses, but if the Senate does not achieve such a supermajority and a joint congress-senate committee fails to resolve the issues, the Congress may force the amendment through with a two-thirds vote as long as an absolute majority of the Senate was in favour. But for some specific types of amendments including those related to most clauses related to human rights, both houses must approve of

1168-522: Is no person entitled to exercise the regency, the Cortes Generales shall appoint one regent or a council of three or five persons known as the Council of Regency. The regent must be a Spaniard and legally of age. The Constitution also establishes in article 60 that the guardian of the King or Queen during their minority cannot be the same as the person who acts as regent, unless the regent is

1241-567: Is the supreme law of the Kingdom of Spain . It was enacted after its approval in a constitutional referendum ; it represents the culmination of the Spanish transition to democracy . The current version was approved in 1978, three years after the death of dictator Francisco Franco . There have been dozens of constitutions and constitution-like documents in Spain; however, it is "the first which

1314-686: Is the upper house of the Cortes Generales , which along with the Congress of Deputies – the lower chamber – comprises the Parliament of the Kingdom of Spain . The Senate meets in the Palace of the Senate in Madrid . The presiding officer of the Senate is the president of the Senate , who is elected by the members at the first sitting after each national election. The composition of

1387-473: Is twofold. They are subjective rights to be exercised both individually and collectively. In addition to this, they are a binding principle for all public authorities, which allows for peaceful coexistence and legitimates the political and social order. Chapter One deals with the entitlement of constitutional rights. Section 11 provides for the regulation by statute of Spanish nationality whilst providing for its inalienability for Spaniards. Section 12 establishes

1460-473: The 1977 general election . It then repealed all the Fundamental Laws of the Realm (i.e., the constitution of the Francoist regime), as well as other major historical laws and every pre-existing law that contradicted the new constitution. The Spanish Constitution is a written document that takes cues from both older Spanish constitutions and other then-current European constitutions. For example, it contains

1533-672: The Balearics (Baleares) and Canaries (Canarias)— Mallorca , Gran Canaria , and Tenerife —are assigned three seats each, and the smaller islands— Menorca , Ibiza–Formentera , Fuerteventura , Gomera , Hierro , Lanzarote and La Palma —one each; Ceuta and Melilla are assigned two seats each. This allocation is heavily weighted in favor of small provinces; Madrid , with its 6.5 million people, and Soria , with 90,000 inhabitants, are each represented by four senators. In non-insular constituencies, each party nominates three candidates. Candidates' names are organized in columns by party on

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1606-439: The Congress of Deputies is chosen by party list proportional representation , the members of the senate are chosen in two distinct ways: popular election by limited voting and appointment from regional legislatures. Most members of the senate (currently 208 of 266) are directly elected by the people. Each province elects four senators without regard to population. Insular provinces are treated specially. The larger islands of

1679-604: The Constitution of 1812 . After the death of dictator Francisco Franco in 1975, a general election in 1977 convened the Constituent Cortes (the Spanish Parliament, in its capacity as a constitutional assembly) for the purpose of drafting and approving the constitution. A seven-member panel was selected among the elected members of the Cortes to work on a draft of the Constitution to be submitted to

1752-497: The Cortes Generales , they shall be excluded from succession to the Crown, as shall their descendants. This article also establishes that if the lines are extinguished, the Cortes Generales shall decide who will be the new King or Queen attending to the general interests of the country. Finally, article 57.5 establishes that abdications or any legal doubt about the succession must be clarified by an Organic Act. This legal forecast

1825-620: The Official State Gazette (BOE) with the rank of an ordinary law. In the event that they are not approved, the extension of the previous year's budget is foreseen. Within the General Budget include those of Social Security , cultural heritage and other autonomous agencies. The budgets of the Autonomous Communities and the municipalities are organized independently, but they have to be subject to

1898-540: The Prime Minister in most cases, though it also allows other ministers to assume responsibility for royal acts as well. In general, when there is not a formed government, the responsibility is assumed by the President of the Congress of Deputies . Without the refrendo, the King's actions are null and void . There are only two royal acts that do not require the refrendo. The first encompasses all acts related to

1971-483: The Prime Minister . Either house may propose an ordinary law (or bill, Spanish : proyecto de ley ). A bill passed by Congress can be amended or vetoed by the Senate in which case the bill is then sent back to the lower house, which can override these objections by an absolute majority vote. Organic laws , which govern basic civil rights and regional devolution, need an absolute majority of both congress and senate to pass. The process for constitutional amendments

2044-564: The Spanish Constitution of 1812 , established a unicameral legislative, therefore, an upper Chamber did not exist. The Senate was first established under the Royal Statute of 1834 approved by Queen Regent Maria Christina of the Two Sicilies under the denomination of House of Peers but it did not last long and in 1837, under the Constitution of that year, the upper house acquired the denomination of Senate. It remained under

2117-560: The age of majority in Spain at 18. Section 13 limits the entitlement of public freedoms to aliens to the provisions of statutes and international treaties. Legal persons are entitled to a reduced array of rights, among which the right of association, the right to honour, the right to due process of law, freedom of speech and the inviolability of the home are included. Chapter Two begins with Section 14, an equal rights clause . Section One (Sections 15 to 29) includes an enumeration of fundamental rights and public freedoms. This section

2190-499: The autonomous communities should be. The approval of autonomous budgets is not subject to any type of supervision by the General State Administration . Article 142 of the Constitution establishes that municipalities have financial autonomy. However, local administrations can not approve budgets. They only have the so-called tax ordinances , which do not have the status of law. Local taxes are regulated in

2263-526: The Budgetary Act is not approved before the first day of the corresponding fiscal year, the Budget of the previous fiscal year are automatically carried over until the approval of the new ones. This extension has some exception: it does not affect credits approved for activities that ended in the year whose budget is extended. In practice, when a government does not get the parliamentary support to approve

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2336-507: The Constitution and the laws. The King's official title is "King of Spain" ( Spanish : Rey de España ), but he is allowed to use any other titles that are associated to the Spanish Crown . The King of Spain enjoys immunity and is not subject to legal accountability. In a broad sense, this means that the King cannot be legally prosecuted. Some jurists say that this only refers to criminal procedures, while others claim this immunity

2409-648: The Constitution does not formally state that Spain is a federation (nor a unitary state), actual power shows, depending on the issue considered, widely varying grades of decentralization, ranging from the quasi-confederal status of tax management in Navarre and the Basque Country to the total centralization in airport management. Part I of the Spanish Constitution encompasses Sections 10 to 55, establishing fundamental rights and duties. The scope of

2482-428: The Constitution establishes that the monarch is the head of state and symbolizes the unity of the Spanish state. It refers to the monarch's role as a "moderator" whose main role is to oversee and ensure the regular functioning of the institutions. The monarch is also the highest-ranked representative of the Spanish state in international relations and only exercises the functions that are explicitly attributed to him by

2555-451: The Government. Once this procedure has been completed, the capacity for alteration due to partial amendments is subject to the non-alteration of the budget balance. Later, the Budget is sent to the Senate , which makes a second reading, but whose ability to alter them is very limited, with a final referral to Congress. Subsequently, they are sanctioned by His Majesty the King and published in

2628-448: The King cannot be judged for actions that he is constitutionally obligated to perform. The King is vested with executive power, but is not personally responsible for exercising it. This does not mean that his actions are free of responsibility. The responsibility for the King's actions falls into the persons who hold actual political power and who actually take political decisions, which the King only formally and symbolically ratifies. This

2701-531: The Organic Act 4/2014 modified the Organic Act of the Judiciary to allow the former Kings to conserve their judicial prerogatives (immunity). The Regency is regulated in article 59. The Regency is a period in which a person exercises the duties of the King or Queen regnant on behalf of the real monarch who is a minor. This article establishes that the King or Queen's mother or father shall immediately assume

2774-465: The Organic Law of Budget Stability and Financial Sustainability. The objective of budget stability is presented by the Government and is established every three years according to forecasts of economic growth . Each year a multi-year budget plan for three years must be drawn up in which the stability objective is taken into account. The Spanish Constitution says nothing about how the budgets of

2847-596: The Regulating Act of the Local Treasuries, which establishes a minimum basis and gives the municipalities enough freedom to develop these bases. The basic structure of local budgets, unlike that of regional governments, is established by the Government. Local entities can not present a budget deficit according to article 135 of the constitution. The draft budget is prepared annually by the Ministry of

2920-460: The Senate is established in Part III of the Spanish Constitution . Each senator represents a province , an autonomous city or an autonomous community . Each mainland province, regardless of its population size, is equally represented by four senators; in the insular provinces, the larger islands are represented by three senators and the minor islands are represented by a single senator. Likewise,

2993-562: The Senate to represent the autonomous communities of Spain . Senators form groups along party lines. Parties with fewer than ten senators form the Mixed Group. If the membership of an existing group falls below six during a session, it is merged into the Mixed Group at the next session. For example, Coalición Canaria lost its senate caucus in 2008 after electoral losses reduced its group from six to two. The Basque Nationalist Party , falling from seven to four, "borrowed" senators from

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3066-420: The Spanish Constitution establishes an exhaustive list of the King's functions, all of which are symbolic and do not reflect the exercise of any political power. The King sanctions and promulgates the laws, which are approved by the Cortes Generales , which the King also symbolically and formally calls and dissolves. The King also calls for periodic elections and for referendums in the cases that are included by

3139-544: The Spanish people in a referendum on 6 December 1978. 91.81% of voters supported the new constitution. Finally, it was sanctioned by King Juan Carlos on 27 December in a ceremony in the presence of parliamentarians. It came into effect on 29 December, the day it was published in the Official Gazette. Constitution Day ( Spanish : Día de la Constitución ) on 6 December has since been a national holiday in Spain . The Constitution contains 169 articles as well as

3212-618: The Treasury and Public Function , through the Secretariat of State for Budgets and Expenses and its principal bodies. The project is approved by the Council of Ministers . The Government presents them to the Congress of Deputies at least three months before the expiration of the year. The Congress of Deputies votes in the first place for its generic admission or the amendments to the totality, which, if successful, suppose their return to

3285-440: The amendment by a two thirds vote, and an election must be held and the amendment must pass by a two thirds vote a second time, and if that is approved, the people must vote for the amendment in a referendum by majority vote. The Senate has certain exclusive functions including Senate reform has been a topic of discussion since the early days of Spanish democracy. One proposal would advance the federalization of Spain by remaking

3358-417: The autonomous cities of Ceuta and Melilla elect two senators each. This direct election results in the election of 208 senators by the citizens. In addition, the regional legislatures also designate their own representatives, one senator for each autonomous community and another for every million residents, resulting in a total of 58 additional senators. The Spanish Senate is constitutionally described as

3431-541: The body. These came to be known, as the media put it, as the padres de la Constitución or "fathers of the Constitution". The seven people were chosen to represent the wide (and often, deeply divided) political spectrum within the Spanish Parliament, while the leading role was given to then ruling party and now defunct Union of the Democratic Centre (UCD). The members included: The writer (and Senator by Royal appointment) Camilo José Cela later polished

3504-566: The budget, the most usual thing is the holding of early elections since it is very difficult to govern and make economic policy decisions with an extended budget. The spending limit established in the budget is not absolute. Once the General State Budget has been approved, the Government may present bills that imply an increase in public spending or a decrease in revenues corresponding to the same budget year. These bills must be approved by parliament. The parliament can also present

3577-442: The budget. The preparation of the General State Budget is the responsibility of the Government , while its examination, amendment and approval is the responsibility of the Cortes Generales . The Government must present before the Congress of Deputies the General State Budget at least three months before the expiration of those of the previous year. The objective is for the budget to be approved before December 31 of each year. If

3650-627: The civil and military ranks and employments, and he also grants honors and distinctions according to the laws. The King is also the supreme head of the Armed Forces of Spain, although the effective lead is held by the Government of Spain. Finally, the King holds the High Patronage of all the Royal Academies and other organizations that have a royal patronage. The succession to the Crown is regulated in article 57 which establishes

3723-503: The death of general Franco, on 20 November 1975, who ruled over Spain as a military dictator for nearly 40 years. This led to the country undergoing a complex process that included a series of political, social and historical changes, gradually transforming the Francoist regime into a democratic state. The Constitution was redacted, debated and approved by the constituent assembly ( Spanish : Cortes Constituyentes ) that emerged from

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3796-425: The draft Constitution's wording. However, since much of the consensus depended on keeping the wording ambiguous, few of Cela's proposed re-wordings were approved. One of those accepted was the substitution of the archaic gualda (" weld -colored") for the plain amarillo (yellow) in the description of the flag of Spain . The constitution was approved by the Cortes Generales on 31 October 1978, and by

3869-654: The due process of law, including the process of habeas corpus . In addition to this, the Prime Minister, the Ombudsman, 50 members of the Congress of Deputies, 50 Senators, and regional governments and legislative assemblies may lodge unconstitutionality appeals before the Constitutional Court . The Constitution dedicates its Part II to the regulation of the monarchy, which is referred to as The Crown ( Spanish : La Corona ). Article 56 of

3942-442: The executive power. Section 54 calls for the creation of an Ombudsman ( Defensor del Pueblo ), accountable to the legislative power, the Cortes Generales . It acts as a supervisor of administrative activity. In addition to this, it has standing before the Constitutional Court to lodge unconstitutionality appeals and individual appeals for protection (recurso de amparo) . Sections 14 to 29 and Section 30, Part 2, enjoy

4015-450: The father, the mother, or a direct ancestor of the King. Parents can be guardian while widowed. If the parent marries again, the parent loses the guardianship, and the Cortes Generales shall appoint a guardian who must comply with the same requirements as to be regent. Article 60 § 2 also establishes that the exercise of the guardianship is also incompatible with the holding of any office or political representation so that no person can be

4088-670: The guardian of the monarch while holding a political office. Part III (Sections 66 to 96) deals with the Cortes Generales , the Spanish legislature. It consists of two chambers: the Congress of Deputies and the Senate of Spain , with the former being privileged above the latter, in contrast with other upper chambers, such as the Italian Senate of the Republic. Senate of Spain Confidence and supply (24) Opposition (149) The Senate ( Spanish : Senado )

4161-447: The home (Section 18), freedom of movement and residence (Section 19), and freedom of speech (Section 20). The list of collective rights include the right of assembly (Section 21), right of association (Section 22), right of suffrage (Section 23), right to education (Section 27) and the right to strike (Section 28). The due process of law is covered by Sections 24 to 26. Section Two of Chapter Two (Sections 30 to 38) includes

4234-513: The laws or the Constitution. The King also proposes a candidate for Prime Minister, which is probably the King's most 'political' function, as he traditionally holds meetings with the leaders of all the major political parties in order to facilitate the formation of a government. If a candidate is successfully invested by the Parliament, he formally names him Prime Minister of Spain. When a Prime Minister has been named, he also formally names all

4307-479: The management of the Royal House of Spain; the King can freely hire and fire any employees of the Royal House and he receives an annual amount from the state budget to operate the Royal House, which he freely distributes across the institution. The second one refers to the King's will, which enables him to distribute his material legacy and name tutors for his children, if they are not legal adults. Article 62 of

4380-434: The members of his government, all of which are proposed by the Prime Minister himself. The King has both a right and a duty to be informed of all the state affairs; he is also allowed to preside over the government meetings when the Prime Minister invites him to do so, although he has the ability to reject this invitation. Regarding the Government, the King also formally issues the governmental decrees, as well as bestowing all

4453-501: The most popular party and the first placed candidate from the next most popular. Before 2011, a party could not choose the order of its candidates on the ballot paper; candidates were sorted alphabetically by surname . When a party did not get all three of its candidates elected, this arrangement favored candidates with surnames early in the alphabet. This was the case for 2nd placed parties in every province and for both parties in tight races when voters did not vote for three candidates of

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4526-405: The new regime opted for a unicameral system, which was continued under the Francoist dictatorship . Only after the Spanish transition to democracy in 1977 was it re-established. The Spanish parliamentary system is bicameral but asymmetric. The Congress of Deputies has more independent functions, and it can also override most Senate measures. Only the Congress can grant or revoke confidence in

4599-483: The office of regent and, in the absence of these, the oldest relative of legal age who is nearest in succession to the Crown. Article 59 § 2 establishes that the monarch may be declared incapacitated by Parliament if the monarch becomes unfit for the exercise of authority, in which case the Prince or Princess of Asturias shall assume the regency if they are of age; if not, the previous procedure must be followed. If there

4672-409: The provision for a constructive vote of no confidence , which was inspired by German Basic Law . The Constitution is organized in ten parts ( Spanish : Títulos ) and contains an additional introduction ( Spanish : Título Preliminar ), a preamble, several additional and interim provisions, a series of repeals, and it ends with a final provision. The constitutional history of Spain dates back to

4745-492: The regimes of the constitutions of 1845 , 1856 , 1869 and 1876 . It was composed, at that latter time, of three main categories: senators by their own right, senators for life and elected senators. This house, along with the Congress of Deputies, was suppressed after the coup of General Miguel Primo de Rivera in 1923. After the restoration of democracy during the Second Spanish Republic (1931-1939)

4818-476: The right to a preferential and summary procedure in the ordinary courts. Once this procedure is exhausted, citizens may lodge an individual appeal for protection (recurso de amparo) , a last instance unique to Spanish constitutional law and created in 1978 that, once exhausted, allows for an appeal before the European Court of Human Rights . This scope of additional protection reinforces the guarantees of

4891-435: The rights recognised by the text is the largest in Spanish constitutional history. Scholars deem the enumeration open insofar as new rights can be included under the principle of human dignity as a foundation of the political order and social peace (Section 10). This can be achieved by means of constitutional reform, jurisprudential developments or the ratification of new international treaties. The effect of fundamental rights

4964-399: The ruling Socialist Party to form their group; in exchange, they supported the election of socialist Javier Rojo as President of the Senate. Legally, 133 seats are required for an absolute majority, vacant seats notwithstanding. To date, senate elections have coincided with elections to the lower house, but the prime minister may advise the king to call elections for one house only. While

5037-467: The same party ( panachage ). The legislative assembly of each autonomous community of Spain appoints a senators to represent the community, with one senator per one million citizens, rounded up. Demographic growth increased the combined size of the regional appointed senators from 51 to 57 since 1983. Conventionally , the proportions of the regional senators mimic their legislative assemblies. However, autonomous communities have considerable leeway, and

5110-404: The welfare of all who make part of it, in use of her sovereignty, proclaims its will to: Establish an advanced democratic society, and Consequently, the Cortes approve and the Spanish people ratify the following Constitution. 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

5183-469: Was conceived as a temporary mechanism to loosen restrictions on fundamental rights inherited from the Francoist period . Traditionally, writing the preamble to the constitution was considered an honour, and a task requiring great literary ability. The person chosen for this purpose was Enrique Tierno Galván . The full text of the preamble may be translated as follows: The Spanish Nation, wishing to establish justice, liberty and security, and to promote

5256-575: Was exercised for the first time of the current democratic period in 2014 when King Juan Carlos abdicated in favor of his son. The Organic Act 3/2014 made effective the abdication of the King. A Royal decree of the same year also modified the Royal Decree of 1987 which establishes the titles of the Royal family and the Regents and arranged that the outgoing King and Queen shall conserve their titles. And

5329-474: Was not imposed by a party but represented a negotiated compromise among all the major parties". It was sanctioned by King Juan Carlos I on 27 December, before it was published in the Boletín Oficial del Estado (the government gazette of Spain) on 29 December, the date on which it became effective. The promulgation of the constitution marked the climax of the Spanish transition to democracy after

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