The Spanish Legislative Process: From Bill To Law

how does a bill become a law in spain

The process by which a bill becomes a law in Spain is a complex one, involving multiple stages and stakeholders. The Spanish system of government is a parliamentary monarchy, with legislative power vested in a bicameral parliament, called the Cortes. This parliament is divided into a lower house, the Congress of Deputies, and an upper house, the Senate. The legislative process can be initiated by the government, the Congress of Deputies, the Senate, or even by one of Spain's 17 Autonomous Communities. Once a bill has been introduced, it goes through several stages of review, debate, and voting, before being presented to the King for promulgation and enactment. This process is largely similar in the lower and upper houses, with some variations in the specific procedures and timelines. The bill must be approved by both houses, and any differences between their respective versions must be reconciled. The Spanish Constitution also allows for bills to be proposed by popular initiative, provided they are supported by 500,000 voters.

Characteristics Values
Type of government Parliamentary monarchy
Legislative power Bicameral Spanish Parliament (Congress of Deputies and Senate)
Legislative procedure Ordinary legislative procedure with three basic stages: presentation, constituent, and final
Legislative initiation Government, Congress of Deputies, Senate, Self-Governing Community, or 500,000 citizens
Legislative review Mandatory for non-governmental bills presented in the Plenary Sitting of the Congress of Deputies
Legislative deliberation Successive deliberation and voting processes in the Houses
Legislative voting Simple majority or absolute majority required, depending on the type of bill
Legislative endorsement Requires royal endorsement from the President of the Government
Legislative enactment Requires endorsement and enactment by the King within 15 days without changes to the content
Legislative publication Published in the Official State Bulletin

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The Spanish legislative process

Initiation of the Legislative Process

Presentation of the Bill

Once a bill is initiated, it is presented as a "governmental bill" if drafted by the Government, or a "non-governmental bill" if proposed by the Congress, Senate, Self-Governing Community, or citizens. These bills are then introduced in the Congress of Deputies, the lower house of the Spanish Parliament, where they undergo a thorough review process.

Constituent or Central Stage

This stage focuses on determining the content of the future law through a series of deliberations and voting processes within the Houses. In the Congress of Deputies, the bill goes through several steps, including submission to the relevant committee, publication, and opening of the period for presenting amendments. The bill is then debated, voted on, and, if approved, sent to the Senate.

Senate Review and Approval

The Senate, the upper house of the Spanish Parliament, follows a similar procedure to the Congress of Deputies but within a constitutionally mandated time frame of two months. The Senate reviews the bill, proposes amendments, and may approve, disapprove, or introduce changes. If the Senate introduces a veto or amendment, the bill is returned to the Congress of Deputies for further consideration.

Final Endorsement, Enactment, and Publication

If the bill is approved by both houses of Parliament, it is then sent to the President of the Government, who obtains the royal endorsement. Finally, the bill is endorsed and enacted by the King, and published in the Official State Bulletin, becoming an official law.

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The role of the Cortes

The Cortes, or the Spanish Parliament, is a bicameral body consisting of a lower house, the Congress of Deputies, and an upper house, the Senate. Both houses are elected through universal suffrage and hold office for a term of four years, unless dissolved early by the Head of State, the King. The Cortes plays a crucial role in the legislative process, which begins with the presentation of a legislative bill, either governmental or non-governmental. Non-governmental bills can originate from the Congress, Senate, a Self-Governing Community, or 500,000 citizens. While governmental bills are typically presented in the Congress, non-governmental bills can also be introduced in the Senate, where they undergo a review process. This review process includes a period for presenting alternative non-governmental bills, followed by a plenary sitting where the bill is debated and voted on. If approved, the non-governmental bill proceeds to the Congress of Deputies.

The legislative process in the Cortes then proceeds through three basic stages: the initial stage, the constituent stage, and the final stage. In the initial stage, governmental bills are drawn up by the Government, while non-governmental bills can be proposed by the Congress, Senate, Self-Governing Communities, or citizens' initiatives. Once the bill is introduced, it is assigned to a committee in the respective house for review, discussion, and potential revisions.

The constituent or central stage is where the content of the future law is determined through successive deliberations and voting processes within the houses. In the Congress of Deputies, this involves submission to the relevant committee, publication, and the opening of a period for presenting amendments. This is followed by a first reading and voting in the Plenary Sitting, where amendments to the entire bill may be presented. The Reporting Body then issues a report with its proposal, which may include variations to the wording. The bill is then debated and voted on by the relevant committee, resulting in a ruling that may include further changes to the initial text. Any dissenting opinions or amendments not accepted by the committee are presented for defence at the Plenary Sitting. Finally, the Plenary Sitting engages in a debate and voting process, allowing for the introduction of new modifications.

The approved text is then sent to the Senate, which follows a similar procedure within a constitutionally mandated time frame of two months (reduced to 20 days for urgent bills). The Senate Bureau decides which legislative committee will handle the bill, and a period is opened for presenting amendments and veto proposals. If amendments or vetoes are submitted, the committee may appoint a Reporting Body to prepare a report and propose modifications. The relevant committee then debates the bill, and any approved amendments are reflected in the committee's findings. Senators can present dissenting opinions and alternative proposals, which are subject to strict rules. The Plenary Sitting in the Senate then engages in a debate and voting process, where veto proposals and the bill as a whole are discussed. If a veto is approved, the bill is rejected, and the Speaker of the Senate concludes the debate. If the veto is rejected, dissenting opinions are discussed, and the text may be modified further.

In the final stage, if the Senate approves the text or does not introduce any amendments, the bill is sent to the President of the Government for royal endorsement. However, if the Senate introduces a veto or amendment, the text, along with a reasoned justification, is returned to the Congress of Deputies for ratification. The Congress can approve or reject these amendments by a simple majority and lift the veto by an absolute or simple majority after two months. Once the final text is agreed upon, it is submitted to the President of the Government for endorsement and enactment by the King. This endorsement and enactment must occur within 15 days, without any changes to the content, and the act is then published in the Official State Bulletin.

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The role of the Congress of Deputies

The Spanish system of government is a parliamentary monarchy. Legislative power is vested in the bicameral Spanish Parliament, which is called the Cortes. The lower house of the Cortes is the Congress of Deputies, which has between 300 and 400 deputies, elected based on the system of proportional representation. The Congress of Deputies holds greater legislative power than the upper house, the Senate.

The legislative process may be initiated by the Government, the Congress of Deputies, the Senate, or the Assemblies of the Autonomous Communities. Bills proposed by the Assemblies of the Autonomous Communities are non-governmental bills, as are those proposed by 500,000 citizens, although this does not apply to proposals on organic laws, taxation, international affairs, and the prerogative of pardon.

Non-governmental bills are usually presented at Congress, but they can also be presented in the Senate by a Parliamentary Group or 25 Senators. Once published, there is a period of fifteen days in which alternative non-governmental bills can be presented. After this, the non-governmental bill or bills are included in the agenda of a plenary sitting to be taken into consideration. At the Plenary Sitting, one of the proponents defends the bill, followed by two turns in favour and two against, and then one turn for the Spokespersons of the Parliamentary Groups, which may not exceed ten minutes. The matter is then put to a vote. If it is approved, the non-governmental bill is channelled through the Congress of Deputies. If it is not approved, the process is concluded.

Governmental bills are exempt from this review process. However, it is mandatory for non-governmental bills tabled in the Plenary Sitting of the Congress of Deputies that have been presented by Members of Congress and Congress Parliamentary Groups, Self-Governing Communities, and initiatives of the people.

The constituent or central stage is aimed at determining the content of the future law, which is carried out through successive deliberation and voting processes, which take place in the Houses. In the Congress of Deputies, the basic stages are as follows:

  • Submission by the Bureau to the relevant Committee, publication, and opening of the period for the presentation of amendments.
  • First reading and voting in the Plenary Sitting if amendments to the whole bill have been presented.
  • Meeting of the Reporting Body, which issues a report with its proposal, which might include variations in wording.
  • Debate and voting in the relevant Committee, which concludes with the passing of a ruling that might also bring variations into the initial text.
  • Presentation of dissenting opinions to be defended at the Plenary Sitting (amendments not accepted by the Committee).
  • Debate and voting at the Plenary Sitting, with the possibility of introducing new modifications.

The approved text is then sent by the Speaker of the Congress to the Senate.

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The role of the Senate

The Spanish system of government is a parliamentary monarchy. Legislative power is vested in the bicameral Spanish Parliament, which is called the Cortes. The Cortes is made up of a lower house, the Congress of Deputies, and an upper house, the Senate.

The Senate plays a crucial role in the legislative process, which begins with the presentation of a legislative bill. A bill can be a "governmental bill" if it is drawn up by the government, or a "non-governmental bill" if it is drawn up by Congress, the Senate, a Self-Governing Community, or 500,000 citizens. While governmental and non-governmental bills are typically presented at Congress, non-governmental bills can also be presented in the Senate by a Parliamentary Group or 25 Senators. Once a non-governmental bill is published, there is a 15-day period during which alternative non-governmental bills can be presented. After this period, the non-governmental bill is included in the agenda of a plenary sitting for consideration. At the Plenary Sitting, one of the proponents defends the bill, followed by two turns in favour and two against, as well as a turn for the Spokespersons of the Parliamentary Groups, which may not exceed ten minutes. The matter is then put to a vote, and if approved, the non-governmental bill is channelled through the Congress of Deputies. If it is not approved, the process ends.

The legislative procedure then moves to the constituent or central stage, which is aimed at determining the content of the future law through successive deliberation and voting processes within the Houses. In the Senate, the text received from Congress is published, and the Senate Bureau decides which legislative committee should handle it, opening a presentation period of ten days for amendments and veto proposals. This period may be extended to 15 days at the request of 25 Senators. If no amendments or veto proposals are presented, the bill moves directly to deliberation at a plenary sitting. However, if any amendments or veto proposals are submitted, the relevant committee can appoint a Reporting Body to prepare a report proposing modifications to the texts, or it can omit this step if deemed unjustified. The Reporting Body has 15 days to issue its report, which must be discussed by the committee.

The next step is the debate in the relevant committee within the following 15 days. During the committee deliberations, amendments may be presented orally, provided they tend to concur with those presented previously or are limited to terminological or grammatical corrections. The findings of the committee reflect any approved amendments. After the committee has approved its findings, there is a period of one day during which Senators can present dissenting opinions and alternative proposals. These dissenting opinions must reflect any amendments discussed and rejected within the committee or the texts modified by the committee. They cannot be used to formulate entirely new proposals.

The process concludes with a debate and voting at a Plenary Sitting before the constitutional time period expires. The debate begins with the presentation of the Committee Findings, setting out the fundamental lines of the bill and its journey through the House. This is followed by a debate on the whole bill, with one turn in favour and one turn against, and then interventions from the Spokespersons of the Parliamentary Groups, which must not exceed ten minutes each. If there are any veto proposals, the debate on the whole bill is replaced by a debate on these proposals, implying a decision about the collective whole.

If a veto is approved by an absolute majority, it implies a rejection of the bill as a whole, and the Speaker of the Senate concludes the debate, notifying the Speaker of the Congress of Deputies and the President of the Government. However, if the veto proposal is rejected, the dissenting opinions are discussed in the order of the different sections to which they pertain. There can be two turns in favour and two against each dissenting opinion, followed by the turn of the Spokespersons, with each intervention limited to ten minutes. After this, the presentation of modification proposals to the Committee Findings is subject to strict rules: they must be signed by all the Spokespersons of the Parliamentary Groups or by the majority of Spokespersons who represent the majority of Senators and have been the object of dissenting opinions.

If the Senate does not approve a veto or introduce any amendments to the text presented by the Congress of Deputies, the text is sent to the President of the Government for royal endorsement. However, if the Senate introduces a veto or amendment, the text, along with a reasoned justification, must be returned to the Congress of Deputies for ratification. The Congress of Deputies may approve or reject Senate amendments by a simple majority of its members and can lift the veto by an absolute or simple majority, depending on the timeframe. When Congress is the last to intervene, it submits the text to the President of the Government for endorsement and enactment by the King.

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The role of the King

The Spanish system of government is a parliamentary monarchy, with the King as the Head of State. The role of the King of Spain in the legislative process is largely formal and procedural, but it is essential for a bill to become a law.

The King's duties include the approval and promulgation of laws. Once a bill has been approved by the Congress of Deputies, it is delivered to the Senate, which may disapprove or introduce amendments. If the Senate introduces a veto or amendment, the bill is returned to the Congress of Deputies for ratification. If the Congress of Deputies still approves of the bill, it is then submitted to the President of the Government, who in turn submits it to the King for endorsement and enactment. The King has fifteen days to endorse and enact the bill, and he cannot vary the content of the act, suspend the process, or return it to Parliament for reconsideration. Once the King has approved the bill, it becomes law.

The King also has the power to convoke and dissolve Parliament and call elections. The dissolution of the Congress of Deputies, the Senate, and the Parliament must be formally decreed by the King, upon the proposal of the Prime Minister and after deliberation with the Council of Ministers.

The King is also the commander of the armed forces and the highest representative of the Spanish State in international relations.

Frequently asked questions

The system of government in Spain is a parliamentary monarchy.

The three levels of government in Spain are Central, Autonomous Community, and Municipal.

The three basic stages of the ordinary legislative procedure in Spain are the initial stage, the constituent stage, and the final stage.

In the initial stage, a legislative bill is presented. It is referred to as a "governmental bill" if drawn up by the government, or a "non-governmental bill" if drawn up by Congress, Senate, a Self-Governing Community, or 500,000 citizens.

In the final stage, the act is endorsed, enacted, and published. The endorsement and enactment by the King are formal acts that must take place within 15 days, without any changes to the content of the act.

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