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Audiencias Provinciales
The Audiencias Provinciales are the highest judicial body of each province and are aware of civil and criminal cases.
In the civil order, they know and decide mainly on appeals filed against judgments and other decisions of the courts of first instance.
In the penal order, they know and decide mainly on the causes for offenses not reserved by the Law to another Court by reason of the matter or of the person, as well as of the appeals against the judgments and other resolutions of the criminal courts.
The Audiencias Provinciales take the name of the capital of the respective province and extend their jurisdiction to all this. The province coincides with the administrative division of the same name.
Councils of Zamora
The 10 councils that make up the municipal administration are: Social Welfare and Public Health; Commerce; Sports; Works and Heritage; Economy, Finance and Employment; Equality, Human Resources, Citizen Services and Consumption; Youth, Education, Culture and Districts; Environment and Urbanism; Innovation, Development and Citizen Protection; and Tourism and Promotion of the City.
Article 47. The province.
1. The province, as a local entity, has its own legal personality and full capacity to manage its interests. Its government and administration are entrusted to the respective Provincial Diputation. It also constitutes a territorial division for the fulfillment of the purposes of the Autonomous Community.
2. The powers of the Provincial Diputations will be established by the basic legislation of the State and that of the Autonomous Community. In any case, the Provincial Diputations will exercise competences in the field of cooperation, advice and assistance to municipalities and other local entities. They will also provide supramunicipal services of a provincial nature, within the scope of local competences, without prejudice to those delegated or entrusted to them by local entities of their territorial scope or the Autonomous Community.
Article 40. The Superior Court of Justice of Castilla y León.
1. The Superior Court of Justice of Castilla y León is the highest jurisdictional body of the Administration of Justice within the Community in all orders, with the exception of military jurisdiction, and covers all its territorial scope. Its organization, competencies and functioning will be adjusted to whatever state legislation provides.
2. The powers of the Superior Court of Justice of Castilla y León shall be exercised without prejudice to those that correspond to the Supreme Court as the highest jurisdictional body in all orders within the Spanish Justice Administration or, where applicable, those recognized by the Courts International, in accordance with the provisions of the Constitution, the State legislation and the Treaties signed by Spain.
Article 41. President of the Superior Court of Justice and judicial personnel.
1. The President of the Superior Court of Justice of Castilla y León shall be appointed by the King, at the proposal of the General Council of the Judicial Power. The President of the Junta de Castilla y León will order the publication of said appointment in the "Boletín Oficial of Castilla y León".
2. The appointment of the Magistrates, Judges, Secretaries and other personnel of the Superior Court and of the other organs of the Administration of Justice in the Community shall be carried out according to the form provided for in the legislation of the State.
Article 28. Character and composition.
1. The Junta de Castilla y León is the government and administration institution of the Community of Castilla y León and exercises the executive function and regulatory authority in accordance with this Statute and the rest of the legal system.
2. The Junta de Castilla y León is composed of the President, the Vice Presidents, as the case may be, and the Counselors.
3. A law of Castilla y León shall regulate the organization and composition of the Junta, as well as the powers and personal statutes of its members.
4. The President of the Junta appoints and freely separates its members, communicating it subsequently to the Cortes of Castilla y León.
5. The President may delegate executive and representative functions to the Vice Presidents and other members of the Junta.
6. The Vice President or Vice Presidents shall assume the functions entrusted to them by the President of the Junta and shall supply him, in his order, in the event of vacancy, absence or illness.
Article 30. Powers.
Corresponds to the Junta de Castilla y León:
1. To exercise the government and administration of the Community within the scope of the powers attributed to it.
2. To file unconstitutionality appeals in the terms established in article 162.1.a) of the Constitution and to provoke, as the case may be, conflicts of competence with the State or another Autonomous Community, as provided for in the Organic Law of the Constitutional Court, stating in the latter by agreement of the Cortes of Castilla y León or on its own initiative.
3. Exercise as many other powers or powers as assigned by this Statute and the laws.
Article 20. Character.
1. The Courts of Castilla y León represent the people of Castilla y León and exercise in their name, in accordance with the Constitution and the present Statute, the powers and attributions that correspond to them.
2. The Cortes of Castilla y León are inviolable.
Article 21. Composition, election and mandate.
1. The members of the Cortes de Castilla y León receive the traditional denomination of Procurators and shall be elected by universal, free, equal, direct and secret suffrage, through a system of proportional representation that also ensures the representation of the different areas of the territory.
2. The electoral circumscription is the province, assigning to each one a minimum number of three Proctors and one more for each 45,000 inhabitants or fraction higher than 22,500.
3. The call for elections shall be made by the President of the Junta de Castilla y León.
4. The electoral legislation will determine the causes of ineligibility and incompatibility of the Procurators, in accordance with the provisions of Article 67, paragraph 1, of the Constitution.
5. The Cortes of Castilla y León are elected for four years. The mandate of the Procurators ends four years after their election or the day of the dissolution of the Chamber.
Section 4
1. The flag of Spain consists of three horizontal stripes: red, yellow and red, the yellow stripe being twice as wide as each red stripe.
2. The Statutes may recognize flags and ensigns of the Self-governing Communities. These shall be used together with the flag of Spain on their public buildings and in their official ceremonies.
Section 56
1. The King is the Head of State, the symbol of its unity and permanence. He arbitrates and moderates the regular functioning of the institutions, assumes the highest representation of the Spanish State in international relations, especially with the nations of its historical community, and exercises the functions expressly conferred on him by the Constitution and the laws.
2. His title is that of King of Spain, and he may use the other titles appertaining to the Crown.
3. The person of the King is inviolable and shall not be held accountable. His acts shall always be countersigned in the manner established in section 64. Without such countersignature they shall not be valid, except as provided under section 65(2).
Section 62
It is incumbent upon the King:
To sanction and promulgate the laws.
To summon and dissolve the Cortes Generales and to call for elections under the terms provided for in the Constitution.
To call for a referendum in the cases provided for in the Constitution.
To propose a candidate for President of the Government and, as the case may be, appoint him or her or remove him or her from office, as provided in the Constitution.
To appoint and dismiss members of the Government on the President of the Government’s proposal.
To issue the decrees approved in the Council of Ministers, to confer civil and military positions and award honours and distinctions in conformity with the law.
To be informed of the affairs of State and, for this purpose, to preside over the meetings of the Council of Ministers whenever he sees fit, at the President of the Government’s request.
To exercise supreme command of the Armed Forces.
To exercise the right of clemency in accordance with the law, which may not authorize general pardons.
To exercise the High Patronage of the Royal Academies.
Section 159
1. The Constitutional Court shall consist of twelve members appointed by the King. Of these, four shall be nominated by the Congress by a majority of three-fifths of its members, four shall be nominated by the Senate with the same majority, two shall be nominated by the Government, and two by the General Council of the Judicial Power.
2. Members of the Constitutional Court shall be appointed among magistrates and prosecutors, university professors, public officials and lawyers, all of whom must have a re- cognised standing with at least fifteen years’ practice in their profession.
3. Members of the Constitutional Court shall be appointed for a period of nine years and shall be renewed by thirds every three years.
4. Membership of the Constitutional Court is incompatible with any position of a representative nature, any political or administrative office, a management position in a political party or a trade union as well as any employment in their service, active service as a judge or prosecutor and any professional or business activity whatsoever. Incompatibilities for members of the Judicial Power shall also apply to members of the Constitutional Court.
5. Members of the Constitutional Court shall be independent and enjoy fixity of tenure during their term of office.
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:
a) Against the alleged unconstitutionality of acts and statutes having the force of an act. A declaration of unconstitutionality of a legal pro- vision having the force of an act and that has already been applied by the Courts, shall also affect the case-law doctrine built up by the latter, but the decisions handed down shall not lose their status of res judicata.
b) Individual appeals for protection (recursos de amparo) against violation of the rights and freedoms contained in section 53(2) of the Constitution, in the circumstances and manner to be laid down by law.
c) Conflicts of jurisdiction between the State and the Self-governing Communities or between the Self-governing Communities themselves.
d) Other matters assigned to it by the Constitution or by organic acts.
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.
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 97
The Government shall conduct domestic and foreign policy, civil and military administration and the defence of the State. It exercises executive authority and the power of statutory regulations in accordance with the Constitution and the laws.
Section 98
1. The Government shall consist of the President, Vice-Presidents, when appropiate, Ministers and other members as may be created by law.
2. The President shall direct the Governments’ action and coordinate the functions of the other members thereof, without prejudice to the competence and direct responsability of the latter in the discharge of their duties.
3. Members of the Government may not perform representative functions other than those derived from their parliamentary mandate, nor any other public function not deriving from their office, nor engage in any professional or commercial activity whatsoever.
4. The status and incompatibilities of members of the Government shall be laid down by law.
Section 101
1. The Government shall resign after the holding of general elections, in the event of loss of parliamentary confidence as provided in the Constitution, or on the resignation or death of the President.
Ministers
Section 113
1. The Congress may require political responsibility from the Government by adopting a motion of censure by overall majority of its Members.
2. The motion of censure must be proposed by at least one tenth of the Members of Congress and shall include a candidate for the office of the Presidency of the Government.
Section 114
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.
Exministers
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 73
The Houses shall meet annually for two ordinary periods of sessions: the first from September to December, and the second from February to June.
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.
President (Pío García)
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
President (Ana Pastor)
