Law requiring an absolute majority of the Congress of Deputies
AnOrganic Law (Spanish:Ley Orgánica) inSpanishlaw refers to a law related to fundamental rights and freedoms and important institutional areas as defined by theConstitution (includinginter alia,statutes of autonomy, referendums and electoral processes, functioning and organisation of the Constitutional Tribunal, the organisation of the military and the succession of the throne). Organic Laws must be passed by anabsolute majority of theCongress of Deputies (not merely a majority of those voting).[1][2] In legal terms, organic laws are conceptually considered part of the constitution.[3]
The Spanish Constitution defines "Organic laws are those related to the development of fundamental rights and public liberties, those that approve Statutes of Autonomy, the electoral processes, and others foreseen in the Constitution."[8]
The Civil Code provides that laws that contradict another of higher ranking are without legal validity and so implies a hierarchy.[10] Organic laws rank behind the Constitution and international treaties but above all other types of law.[11] However organic laws are also distinguished by the fact of their exclusive subject matter (the principle of jurisdiction) meaning that ordinary laws cannot make provisions for matters that the Constitution requires are to be dealt with by organic laws.[12]
Those that develop the fundamental rights and public liberties mentioned in Articles 15–29 of the Constitution. For example, the Law on Education (Spanish:Ley Orgánica de Educación) that expands upon Article 27 of the Constitution.
The Electoral System Act, in theLey Orgánica 5/1985, adopted 19 June 1985.
"...others foreseen in the Constitution." There are 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:
Ley Orgánica 6/1980 (1 July 1980), which regulates basic criteria of National Defense and Military Organization.
The institution of theDefensor del Pueblo (literally "Public Defender"), a type ofombudsman (Article 54)
Ley Orgánica 3/1981 (6 April 1981), of theDefensor 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
Ley Orgánica 4/1981 (1 June 1981), of states of alarm, exception and siege
Constitution, functioning and governance 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 theGeneral Council of the Judicial 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 nominated 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 theCourt of Accounts (Article 136.4)
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)
Coordination of the local police of autonomous communities (Article 148.1.22)
Ley Orgánica 2/1986 (13 March 1986), about security and police forces
Creation of police forces for the autonomous communities (Article 149.1.29)
Ley Orgánica 2/1986 (13 March 1986), about security and police forces
Transfer or delegation of state powers (that is, those of Spain itself) to the autonomous communities (Article 150.2)
Ley Orgánica 9/1992 (23 December 1992)
Regulation of the referendum foreseen in Article 151.1 (Article 151.1)
Ley Orgánica 2/1980 (18 January 1980)
Regulation for the possibility that in case of the failure to approve 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 types of referendum
Exercise of the financial powers 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
The Constitution states that "The approval, modification or derogation of organic laws requires an absolute majority of the Congress, in a final vote over the entire bill."[15] That is to say, an organic law is presented as a bill (by thegovernment) or by theCortes Generales 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.
The Constitution establishes the procedures for proposing a bill before the Cortes. "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."[16] 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.[17] In contrast, popular initiatives are not permitted in this area.
In its more than 25 years existence, theConstitutional Court of Spain has made a particularly restrictive interpretation of the matters subject to organic law. The relation of organic law with ordinary law is not a hierarchical relationship but one of jurisdiction or scope.[18]
Prakke, C. A; Kortmann, J. M.; van den Brandhof, J. C. E. (2005).Constitutional law of 15 EU member states (6 ed.). The Hague: Kluwer.ISBN90-13-01255-8.OCLC68629764.
