Constitutive Law of the Cortes

CONSTITUTIVE LAW OF THE CORTES
of 17th July, 1942, amended by the Organic Law of the State of 10th January, 1967

The creation of a juridical system, the organization of the administrative activities of the State, the adjustment of the new order to an institutional system with clarity and precision, require a process of elaboration from which it is unwise to omit representatives of the constitutive elements of the national community, in order to achieve a design of the highest quality and a firm foundation in the country. The contrast of opinions — within the unity of the system — the airing of aspirations, well-grounded and constructive criticism, and the intervention of legislative technique should contribute to vitality, justice and the perfection of the positive law of the Revolution and of the new Economy of the Spanish people.

Hazards so abnormal that it would be idle to explain them have delayed the achievement of this goal. But, the phase of the National Movement when it was not feasible to attempt to put it into effect having passed, the time has come to establish an organ to accomplish this grand design. Continuing in the Headship of State the supreme power for dictating juridical norms of a general nature, in the terms of the Laws of 30th January, 1938, and 8th August, 1939, the organ created will signify, as well as being an effective instrument of collaboration in that function, a principle of self-limitation for a more systematic institution of authority.

On the lines of the National Movement, the Cortes, now in the process of formation, will signify the revival of a glorious Spanish tradition, both in its designation and in its composition and attributions.

The amendments introduced by the Organic Law of the State and by its additional dispositions serve to perfect and accentuate the representative character of the political system, which is the basic principle of the public institutions. So far as the Cortes is concerned, they have certain fundamental aims: introducing a new group of Deputies to represent the family, elected by the Heads of Families and married women, in keeping with the principle of equal political rights for women; extending representations to other Societies, Corporations and Associations, at the same time, reducing drastically the number of Deputies therein and, in general, securing a more authentic representation and increasing to a considerable degree the proportion of elected Deputies in relation to those who hold that title by reason of office. The same method is followed in the election, by the Cortes in plenary session and in each legislative term, of the two Vice-Presidents and the four Secretaries.

In virtue of which, I resolve:

Article One

The Cortes are the highest organ of participation by the Spanish people in the affairs of the State. The principal function of the Cortes is the elaboration and approval of Laws, without prejudice to the sanction reposing in the Head of State.

Article Two

I. The Cortes are composed of Deputies in the following categories:

a) Members of the Government.

b) Members of the National Council.

c) The President of the Supreme Court of Justice, the President of the Council of State, the President of the Supreme Council of Military Justice, the President of the Court of Exchequer of the Kingdom and the President of the National Economic Council.

d) One hundred and fifty representatives of the Trade Union Organization.

e) One representative of the Municipalities of each Province elected by their Town Councils from among their members, and another from each of the Municipalities of more than 300,000 inhabitants, and from the Municipalities of Ceuta and Melilla, elected by the respective Town Councils from among their members; one representative for each Provincial Deputation and the Canary Island District, elected by the respective Corporations from among their members, and the representatives of the local Corporations of territories not constituted in provinces, elected in a similar manner.

f) Two Family representatives for each Province, elected by those appearing on the electoral rolls as heads of families and married women, in the manner established by law.

g) The Rectors of Universities.

h) The President of the Spanish Institute and two representatives elected from among the members of the Royal Academies forming the Institute: the President of the Council for Advanced Scientific Research and two representatives of this Council elected by its members.

i) The President of the Institute of Civil Engineers and one representative of the Associations of Engineers forming the Institute; two representatives of the Colleges of Lawyers; tow representatives of the Medical Colleges; one representative of each of the following Colleges; College of Stock-Exchange Agents, College of Architects, College of Economists, College of Pharmacists, College of Licentiates and Doctors of Chemical and Physico-Chemical Sciences, College of Notaries, College of Court Attorneys, College of Property Recorders, College of Veterinary Surgeons, and other professional Colleges of higher academic status which may be recognized for this purpose in the future and which shall be elected by the respective Official Colleges; three representatives of the Official Chambers of Commerce, one representative of the Chambers of Urban Property; one representative of the Tenant Associations, elected by their Boards or representative organs.

All those elected under the provisions of this sub-paragraph must be members of the respective Colleges, Corporations or Associations electing them.

(The composition and distribution of the Deputyships covered in this sub-paragraph may be altered by law, provided the total number does not exceed thirty.)

j) Those persons who by virtue of their ecclesiastical, military or administrative status, or their service to the country, may be appointed by the Head of State, after approval by the Council of the Realm, up to a number not exceeding twenty-five.

II. All the Deputies of the Cortes represent the Spanish people, must serve the nation and the common good, and must not be bound by any imperative mandate.

Article Three

To be a Deputy of the Cortes, one must be:

1. A Spaniard and must have attained one's majority.

2. Free of political incapacity and enjoy the full use of one's civil rights.

Article Four

The Deputies of the Cortes shall verify before the President of the Cortes the election, designation or office giving them the right to such an investiture. The President of the Cortes shall witness the swearing of their oath, shall give possession of and issue the corresponding titles.

Article Five

The Deputies of the Cortes may not be arrested without the previous authorization of the President of the Cortes, except in cases of flagrante delicto. In such cases, the President of the Cortes shall be notified of the arrest.

Article Six

Deputies of the Cortes who hold membership by reason of their tenure of office shall cease to be Deputies upon their retirement from said office. Those appointed by the Head of State shall cease to be Deputies upon the revocation of their appointment by the Head of State. The other Deputies shall serve a term of four years, and may be re-elected; but, if during this term of four years, a Deputation, Town Council or Corporation representative should cease to be a member of the body he represents, he shall also cease to be a Deputy of the Cortes.

Article Seven

I. The President of the Cortes shall be appointed by the Head of State from among three Deputies of the Cortes proposed to him by the Council of the Realm within the maximum period of ten days after the vacancy occurs. His nomination shall be approved by the President of the Council of the Realm.

II. His term of office shall be for six years, during which period he shall retain his status as Deputy of the Cortes. The office of President of the Cortes shall be subject to the restrictions and incompatibilities prescribed by law.

III. The President of the Cortes shall retire from office:

a) Upon the expiry of his term of office.

b) At his own request, once his resignation has been accepted by the Head of State, having been considered by the Council of the Realm in a session not attended by the President of the Cortes.

c) At the decision of the Head of State, in agreement with the Council of the Realm in a session not attended by the President of the Cortes.

d) For incapacity recognized by two-thirds of the Deputies of the Cortes, presided by the first Vice-President or the second Vice-President, after a detailed presentation of the case by the Standing Committee, presided over in a similar manner, or by the Government.

IV. When the presidency of the Cortes falls vacant, this post shall be assumed by the first Vice-President or the second Vice-President, until a new President is appointed within a period of ten days.

V. The two Vice-Presidents and the four Secretaries of the Cortes shall be elected, at each legislative term from among the Deputies, by the Cortes in plenary session.

Article Eight

The Cortes shall function in plenary session and in Committees. The Committees are established and nominated by the President of the Cortes, at the proposal of the Standing Committee and in agreement with the Government. The President, in agreement with the Government, draws up the agenda for both the plenary session and the Committees.

Article Nine

The Cortes shall assemble in plenary session for the examination of the laws requiring such treatment, and whenever they are convoked by the President, in agreement with the Government.

Article Ten

The Cortes shall examine, in plenary session, the acts or laws dealing with the following matters:

a) The ordinary and extraordinary budgets of the State.

b) Large-scale operations of an economic or financial nature.

c) The establishment or reform of the tax system.

d) Banking and monetary affairs.

e) The economic intervention of the Trade Unions and whatever legislative measures may affect the Economy of the nation to an important degree.

f) Basic Law regulating the acquisition and loss of Spanish nationality and the duties and rights of the Spanish people.

g) The politico-juridical organization of the institutions of the State.

h) The structure of local administration.

i) The structures of Civil, Mercantile, Social and Penal Law and litigation.

j) The structures of judicial Organization and Public Administration.

k) The structures of agrarian, mercantile and industrial organization.

l) National educational schemes.

m) Any other laws that the Government, of its own accord or at the proposal of a Committee, may decide to submit to the Cortes in plenary session; similarly, the Government may submit to the Cortes in plenary session questions or resolutions that have no legal connotations.

Article Eleven

The Bills to be submitted to the Plenary Session of the Cortes shall first be passed to the Committees concerned for a report and proposal thereon.

Article Twelve

I. All the dispositions not covered in Article Ten and which must take the form of laws fall within the competence of the Committees of the Cortes, whether this is established in a later law or whether they are declared as such by a Committee composed of the President of the Cortes, a Minister appointed by the Government, a Member of the Standing Committee of the National Council, a Deputy of the Cortes who is a qualified Lawyer, the President of the Council of State and the President of the Supreme Court of Justice. This Committee shall issue a ruling at the request of the Government or of the Standing Committee of the Cortes.

II. Should the Committee of the Cortes, on the occasion of the study of a Bill, proposition of Law or independent motion, state a question outside the competence of the Cortes, the President of the latter, on his own initiative or at the request of the Government, may demand the ruling of the Committee referred to in the previous paragraph. If the ruling should be that the question under reference was not the competence of the Cortes, it shall be removed from the agenda by the Committee.

Article Thirteen

For reasons of urgency, the Government may propose to the Head of State the sanctioning of decree-laws to regulate the matters mentioned in Articles Ten and Twelve. The urgency of the case shall be recognized by the Head of State, having been brought to the attention of the Committee referred to in the preceding article, and this Committee may so advise the Standing Committee if it observes any aspect of contrafuero. The promulgation of a decree-law shall be brought to the notice of the Cortes.

Article Fourteen

I. The ratification of international treaties or agreements that affect the full sovereignty or the territorial integrity of Spain shall be the object of a law approved by the Cortes in full session.

II. The Cortes in Plenary Session or in Committee, as the case may be, shall be consulted for the ratification of other treaties affecting matters whose regulation falls within their competence, in accordance with Articles Ten and Twelve.

Article Fifteen

I. Besides the examination and presentation of Government Bills to the Plenary Session, the legislative Committees may submit proposed laws to the President of the Cortes, who is responsible for including them in the agenda, in agreement with the Government.

II. The legislative Committees may receive from the President of the Cortes other assignments, such as carrying out studies, obtaining information and formulating petitions or proposals. For this purpose, they may form special Committees distinct from the legislative Committees.

Article Sixteen

The President of the Cortes shall submit to the Head of State, for his sanction, the laws approved by the Cortes, which should be promulgated within a month of their receipt by the Head of State.

Article Seventeen

The Head of State, through an explanatory message and with a prior favourable ruling by the Council of the Realm, may return a law to the Cortes for renewed deliberation.

Additional Dispositions

The Cortes, in agreement with the Government, shall draft their own regulations.