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Section 140
The Constitution guarantees the autonomy
of municipalities. These shall enjoy full legal
entity. Their government and administration
shall be vested in their Town Councils, consisting
of Mayors and councillors. Councillors
shall be elected by residents of the municipality
by universal, equal, free, direct and secret
suffrage, in the manner provided for by the
law. The Mayors shall be elected by the councillors
or by the residents. The law shall lay
down the terms under which an open council
of all residents may proceed.
Justice emanates from the people and
is administered on behalf of the King by judges
and magistrates members of the Judicial Power
who shall be independent, shall have fixity
of tenure, shall be accountable for their acts
and subject only to the rule of law.
2. Judges and magistrates may only be
dismissed, suspended, transferred or retired
on the grounds and subject to the safeguards
provided for by the law.
3. The exercise of judicial authority in any
kind of action, both in ruling and having judgments
executed, is vested exclusively in the
courts and tribunals laid down by the law, in
accordance with the rules of jurisdiction and
procedure which may be established therein.
4. Judges and courts shall not exercise
any powers other than those indicated in the
foregoing subsection and those which are expressly
allocated to them by law as a guarantee
of any right.
5. The principle of jurisdictional unity is the
basis of the organization and operation of the
courts. The law shall make provision for the
exercise of military jurisdiction strictly within
military framework and in cases of state of siege
(martial law), in accordance with the principles
of the Constitution.
6. Courts of exception are prohibited.
Section 148
1. The Self-governing Communities may
assume competences over the following matters:
1. Organization of their institutions of selfgovernment.
2. Changes in municipal boundaries within
their territory and, in general, functions appertaining
to the State Administration regarding
local Corporations, whose transfer may be
authorised by legislation on local governement.
3. Town and country planning and housing.
4. Public works of interest to the Self-governing
Community, within its own territory.
5. Railways and roads whose routes lie
exclusively within the territory of the Self-
governing Community and transport by the
above means or by cable fulfilling the same
conditions.
6. Ports of haven, recreational ports and airports
and, in general, those which are not engaged
in commercial activities.
7. Agriculture and livestock raising, in accordance
with general economic planning.
8. Woodlands and forestry.
9. Management of environmental protection.
10. Planning, construction and exploitation
of hydraulic projects, canals and irrigation of
interest to the Self-governing Community; mineral
and thermal waters.
11. Inland water fishing, shellfish industry
and fishfarming, hunting and river fishing.
12. Local fairs.
13. Promotion of economic development of
the Self-governing Community within the objectives
set by national economic policy.
14. Handicrafts.
15. Museums, libraries and music conservatories
of interest to the Self-governing Community.
16. The Self-governing Community’s monuments
of interest.
17. The promotion of culture and research
and, where applicable, the teaching of the
Self-governing Community’s language.
18. The promotion and planning of tourism
within its territorial area.
19. The promotion of sports and the proper
use of leisure.
20. Social assistance.
21. Health and hygiene.
22. The supervision and protection of its
buildings and installations. Coordination and
other powers relating to local police forces under
the terms to be laid down by an organic
act.
Section 114
1. If the Congress withholds its confidence
from the Government, the latter shall submit its
resignation to the King, whereafter the President
of the Government shall be nominated in
accordance with the provisions of section 99.
2. If the Congress adopts a motion of censure,
the Government shall submit its resignation
to the King, and the candidate proposed in
the motion of censure shall be deemed to have
the confidence of the House for the purposes
provided in section 99. The King shall appoint
him or her President of the Government.
Section 56
PART IX
The Constitutional Court
Section 159
Section 160
The President of the Constitutional Court shall be appointed by the King among its members, on the proposal of the full Court itself, for a term of three years.
Section 161
The Constitutional Court has jurisdiction over the whole Spanish territory and is entitled to hear:
The Government may appeal to the Constitutional Court against provisions and resolutions adopted by the bodies of the Self-governing Communities, which shall bring about the suspension of the contested provisions or resolutions, but the Court must either ratify or lift the suspension, as the case may be, within a period of not more than five months.
The Organic Act of the Judicial Power
shall make provision for the setting up, operation
and internal administration of courts and
tribunals as well as for the legal status of professional
judges and magistrates, who shall
form a single body, and of the staff serving in
the administration of justice.
2. The General Council of the Judicial Power
is its governing body. An organic act shall
lay down its status and the system of incompatibilities
applicable to its members and their
functions, especially in connection with appointments,
promotions, inspection and the
disciplinary system.
3. The General Council of the Judicial Power
shall consist of the President of the Supreme
Court, who shall preside it, and of twenty
members appointed by the King for a five-year
period, of which twelve shall be judges and magistrates
of all judicial categories, under the
terms provided for by the organic act; four nominated
by the Congress and four by the Senate,
elected in both cases by three-fifths of
their members amongst lawyers and other jurists
of acknowledged competence with more
than fifteen years of professional practice.
Section 123
1. The Supreme Court, with jurisdiction
over the whole of Spain, is the highest judicial
body in all branches of justice, except with regard
to provisions concerning constitutional
guarantees.
2. The President of the Supreme Court
shall be appointed by the King, on the General
Council of the Judicial Powers’ proposal in the
manner to be laid down by the law.
Section 124
1. The Office of Public Prosecutor, without
prejudice to functions entrusted to other bodies,
has the task of promoting the operation of justice
in the defence of the rule of law, of citizens’
rights and of the public interest as safeguarded
by the law, whether ex officio or at the request of
interested parties, as well as that of protecting
the independence of the courts and securing
before them the satisfaction of social interest.
2. The Office of Public Prosecutor shall
discharge its duties through its own bodies in
accordance with the principles of unity of operation
and hierarchical subordination, subject
in all cases to the principles of the rule of law
and of impartiality.
3. The organic statute of the Office of the
Public Prosecutor shall be laid down by law.
4. The State’s Public Prosecutor shall be
appointed by the King on the Government’s
proposal after consultation with the General
Council of the Judicial Power.
www.lamoncloa.gob.es/
MINISTERS
EX-MINISTERS
www.congreso.es/consti/constitucion/indice/titulos/articulos.jsp?ini=66&fin=96
Section 69
1. The Senate is the House of territorial representation.
2. In each province, four Senators shall be
elected by the voters thereof by universal,
free, equal, direct and secret suffrage, under
the terms to be laid down by an organic act.
3. In the insular provinces, each island or
group of islands with a Cabildo or insular
Council shall be a constituency for the purpose
of electing Senators; there shall be three
Senators for each of the major islands —Gran
Canaria, Mallorca and Tenerife— and one for
each of the following islands or groups of islands:
Ibiza-Formentera, Menorca, Fuerteventura,
Gomera, Hierro, Lanzarote and La Palma.
4. The cities of Ceuta and Melilla shall
elect two Senators each.
5. The Self-governing Communities shall,
in addition, appoint one Senator and a further
Senator for every million inhabitants in their
respective territories. The appointment shall
be incumbent upon the Legislative Assembly
or, in default thereof, upon the Self-governing
Community’s highest corporate body as provided
for by its Statute which shall, in any case,
guarantee adequate proportional representation.
6. The Senate is elected for four years.
The Senators’ term of office shall end four years
after their election or on the day on which
the House is dissolved.
PÍO GARCÍA- ESCUDERO
Section 66
1. The Cortes Generales represent the
Spanish people and shall consist of the Congress
and the Senate.
2. The Cortes Generales exercise the legislative
power of the State and adopt its Budget,
control the action of the Government and
have the other competences assigned by the
Constitution.
3. The Cortes Generales are inviolable.
Section 67
1. No one may be a member of both Houses
simultaneously, or be a representative in
the Assembly of a Self-governing Community
and a Member of Congress at the same time.
2. Members of the Cortes Generales shall
not be bound by any compulsory mandate.
3. Meetings of members of Parliament
which are held without having been called in
the statutory manner, shall not be binding on
the Houses, and members may not exercise
their functions nor enjoy their privileges.
Section 68
1. The Congress shall consist of a minimum
of three hundred and a maximum of four
hundred Members, elected by universal, free,
equal, direct and secret suffrage, under the
terms to be laid down by the law.
2. The electoral constituency is the province.
The cities of Ceuta and Melilla shall be represented
by one Member each. The total
number of Members shall be distributed in accordance
with the law, each constituency
being allotted a minimum initial representation
and the remainder being distributed in proportion
to the population.
3. The election in each constituency shall
be conducted on the basis of proportional representation.
4. The Congress is elected for four years.
The term of office of Members thereof ends
four years after their election or on the day on
which the Congress is dissolved.
5. All Spaniards entitled to the full exercise
of their political rights shall be electors and
may be elected.
The law shall recognise and the State
shall facilitate the exercise of the right of
vote by Spaniards who are outside Spanish
territory.
6. Elections shall take place between thirty
and sixty days after the end of the previous
term of office. The Congress so elected must
be convened within twenty-five days following
the holding of elections.
ANA MATO
