Catalan Parliament: Composition, Functions, and Governance

Posted on Dec 12, 2024 in Law & Jurisprudence

The Parliament of Catalonia

1. Acquisition of Parliamentary Condition

  • Citizens of Catalonia can not be grounds for ineligibility.
  • They must present the credentials of the elected Parliament to record or promise and swear to abide by the CE + EA.
  • Declaration of goods and activities is needed (to be considered for incompatibilities).

2. Privileges of Parliamentarians

Objective: to protect the independence of Parliament. They are inalienable.

  • Inviolability: Cannot be prosecuted for their ideals or actions, always in their position for political office. It is forever.
  • Immunity: Protection of parliamentarians for criminal motives of policy goals. Much lower than that of the CCAA because it will only apply if it’s legal. The request (authorization to process the camera) does not exist in Catalonia.
  • Jurisdiction: Competent to judge the TS of Justice of the Autonomous Community unless the events have occurred outside the CA, in this case, it is the TS.

Composition of Parliament

The institutional organization will be based on an automatic legislative assembly elected by universal suffrage under a proportional representation system that also ensures the representation of the various parts of the territory. The structure of the Catalan Parliament must respond to a unicameral structure.

Number of Deputies

The Parliament is composed of a minimum of 100 deputies and a maximum of 150. Currently, the Parliament of Catalonia is composed of 135 members (it is derived from the transitional provision of the Statute 4th 1979).

Duration of the Parliamentary Mandate

Duration of legislatures in parliamentary systems is four years. Section 56.1 EAC: Parliament is elected for a term of four years. The legislature met just four years from the date of the election. The term of parliament may be less than that determined by the EAC in two cases:

  • Impossibility of Parliament to form a parliamentary majority to form the government.
  • Automatic dissolution of Parliament or early Parliament decided by the President of the Generalitat.

Electoral System

The law of the electoral system is an Act of Parliament basic development of the Statute. Catalonia does not have an electoral law, applying the N regulating legislative elections by electoral system GENERAL.

Constituency as a Provisional Criterion

The lack of electoral law has involved the maintenance of the provinces as electoral districts. In developing the 2006 EAC lack of consensus among political parties was to keep the province as an electoral constituency.

Representation of the Various Parts of the Territory and the Allocation of Seats Among the Districts

The electoral system needs to ensure representation of different parts of the territory. EAC 1979 introduced an important corrective to the number of deputies for each constituency (Barcelona 85, Gerona 17, Lerida 15, Tarragona 18). The result is the consequence of a political choice designed to avoid too weak representation of the less populated areas.

Electoral Formula

Proportionality: Have the target attribute seats at stake in terms of votes for each candidate. Hond formula: Incorporates a corrective benefit of proportionality in the electoral options fewer voted.

Form of Vote and Threshold

Form of vote: System of closed and blocked lists, voters can not alter the content or the order of the lists submitted by political parties. Threshold: It is 3% for 4 districts. In practice, it is only operating in Barcelona, as more Members who choose other constituencies.

Parliament Functions

Representative Function

The Parliament represents the people of Catalonia. Derives the ban on the imperative mandate of parliamentarians. Stronger position with respect to the other institutions of the Generalitat:

  • Political: May require the responsibility of the President of the Generalitat and the Government.
  • Legal: Its laws can only be controlled by the TC. It can take institutional declarations in relation to any matter of interest to the Government and citizens.

Legislative Function

Parliament exercises legislative power, the initiative of the Finance Act reserves to the Government and has specific procedural rules. The law can only be formally defined and the legislative function must be explained from the legislative process. The legislative program defined by the Government (through the submission of legislative bills named).

The Role of Government Building

Main function of Parliament. Elects the President of the Generalitat proposed by the Speaker of Parliament from among its members through discussion and vote in the plenary (absolute majority in the 1st and simple in the 2nd) of his inauguration, and approves and supports the government program he proposes.

Role of the Momentum of Political and Government Action

Manifestations of the will of the political objectives of government guidance and Administration. Hybrid between the legislative function (parliamentary initiative) and control (promoting the action).

Procedures

  • Proposed resolution: Proposal to Members and parliamentary groups are discussed in the camera to take a position.
  • Motions: Proposals for Members and parliamentary groups made after having made an interpellation to the Government on the aims of this in a matter of general policy and the relevant discussions.
  • Review of programs, plans, and government communications: Presentation and discussion of motions with the initiative of governmental origin.
  • General Debates: End with the vote on resolutions.

Control Function

Ensures awareness and public monitoring of government performance.

Instruments of Control

  • General Discussions: Plenary debate on the Government’s overall policy guidance at the beginning of September session. General and specific discussions on political and government action at the request of the President of the Generalitat, a decision of the Bureau, the initiative of two parliamentary groups or one-fifth of the deputies. Specific discussion convened by the President of the Generalitat if one-quarter of the Members or one-fifth of the parliamentary groups on request (a hit for session). Statement by the President of the Government and members of Government. Intervention mandated representative from each group MP (30 min.). Responses of the President of the Generalitat and councilors Members (+ reply). Motions of the parliamentary groups. Debates within the committees, with the participation of members of government.

  • Hearings and briefings of members of Government: The directors, upon request or by agreement of a parliamentary commission, informed it of any proceedings or sectoral projects that affect the government department itself. -1st phase: oral statement by the counselor. -2nd phase: questions or comments from Members and parliamentary groups to answer the counselor. The commission may require the attendance of public authorities and officials concerned.

  • Interpellations: Requirements for Members and parliamentary groups in the government to give explanations about its policy before the House, by a shift of exposure of the author, the Government’s response and shifts to reply. They have to deal with the motives and aims of executive behavior in general policy issues within the jurisdiction of any department or government. If formulated in concrete terms what the Bureau called the “question to answer in writing”.

  • Questions to the Government: No private interest can be strictly legal or consultation. The oral must be about an event, a situation or information, whether the Government had taken or not to take any action on the matter or if you have to be sent to Parliament document or do not have to report on any matter. Can be answered in writing or orally before the House or a committee. Are addressed generically to the Government which decides who the answers, but reserves a Question explicitly by the president of the Generalitat. Each parliamentary group may make at least one president at each regular session. The Board sets the maximum of each plenary and proportional distribution of parliamentary groups and parliamentarians assigned for the entire session.

Other Functions

Role and Elective Appointment

Designation: Public Office, Members of the Trustee Ombudsman, Members of Statutory Rights Council, Members of the Audit Office, members of the Catalan Broadcasting Council, and Members of the Governing Council of the Catalan Audiovisual Media Corporation.

Role of Legislative Initiative

The assemblies of the Autonomous Communities may request the State Government to adopt a bill or send the Bureau of the Congress a legislative proposal and may delegate to a maximum of three members of the Assembly responsible to defend it in front of the camera. The Parliament can prepare bills for submission to the Bureau of Congrés dels Diputats and appoint members of parliament responsible for defending them. Request the State Government to adopt draft laws. Request the State to delegate powers and empowerment legislatives.

Role of Appeals of Unconstitutionality

Catalonia’s parliament is entitled to bring RI. Standing to appear before the TC according to the OLCC.

The President of the Generalitat

1. Institutional Position

Maximum representative of the Generalitat, the regular representative in Catalonia. Form regional institutional organization, is chosen by the assembly from among its members and appointed by the king. It is for the leadership of the governing council, the supreme representation of the respective community, and the State’s ordinary representation in the community.

2. Appointment: Investiture Procedure

It is given in the renovation of the Parliament elections and in cases of termination of the President (ex constructive vote of no confidence).

Phases of the Investiture Procedure

  • Proposal of the candidate. Prerequisite: The candidate must be a deputy in the regional Parliament and must be voted by the plenary. The President shall, within 10 days following the constitution of Parliament, after consulting the parties represented and the political groups represented in parliament, propose to the full one person running for President of the Generalitat.

  • Discussion and vote. The candidate presents the government’s program (no time limit). Subsequent discussion involving a representative of each parliamentary group (30 min. each). Parliament decides on the candidate and his program. First vote: the home of the absolute majority (68 deputies). The investiture involves the adoption of the agenda. Second ballot (two days later): it requires a simple majority. Failure to obtain a majority, successive candidates proposed a vote of Parliament, to a maximum period of two months. If no candidate receives a majority, automatic dissolution of Parliament and are called elections.

  • Appointment. Once Parliament gives confidence to the candidate, the President of Parliament advises the king to name him president of the Generalitat. The royal commission is a formal and symbolic but crucial to the full validity and effectiveness of parliamentary investiture ceremony. Endorsement of the actual act for the president of the State Government. Inauguration of charge (within 5 following the appointment).

3. Causes of Termination

The President of the Generalitat ceases: renewal of Parliament following elections, voting a motion of censure, denial of a question of trust, death, resignation, permanent disability, and criminal sentence.

4. Functions

Powers in the Direction of Government

Representing the Government, establish guidelines for the Government action and ensure continuity. Convene and chair meetings of the Government and appoint and remove members. Resolving conflicts of responsibility between departments. Propose to Parliament: a question of confidence, extraordinary meeting, a general discussion… prior discussion with Government. Coordinate the legislative program of Government and receive information on the draft rules prepared by the departments. Exercise, as owner, senior management of the Department Chair.

Functions in the Highest Representation of the Generalitat

To maintain relations with the authorities of state institutions, the CA, and the local authorities and their public administration, and also with international authorities. Sign cooperation agreements and partnerships with other CAs. Convene Parliament elections and prior dissolution decree or order of the legislature. To convene, within twenty days from the date of the elections, the constituent session of the legislature. Appoint members of the Council for Statutory Guarantees. To convene the referendum to approve the reform of the Statute.

Functions in the State’s Ordinary Representation in Catalonia

Establish, on behalf of the king, laws, legislative decrees, and executive orders of Catalonia and order the publication in the Official GC and the B OR E. Order the publication in the Official Journal of the Generalitat de Catalunya to the institutional offices of the State in Catalonia. Ask for assistance to the authorities of the State exercising public functions in Catalonia. The other determining the regulations and laws.

5. Delegation of Executive Functions in One of the Directors

The President of the Generalitat, unless it has first appointed a director may temporarily delegate executive functions in one of the counselors. You can delegate, if there is no First Minister, Vice-President or if not, a counselor for the deployment of the general guidelines for government action and other tasks. Decree of delegation needs to establish the material and temporal scope, it must publish in the DOGC President is accountable to Parliament. You can retrieve at any time functions delegated but must account to Parliament of the resumption of powers decree.

  • Delegable duties: Convene and chair meetings of the Government, coordinate the legislative program of the Government, develop regulations and coordinate the external action of the Government.

  • Non-delegable functions: Functions that give the president a willingness on the Government: power to appoint and dismiss directors. Functions related to the Parliament: to raise an issue of trust and early dissolution of Parliament in June.

Personal Status

Parliamentary Privileges: Inviolability, limited immunity, and judicial immunity. Honorary and protocol: Treatment of “Very honorable” and a prominent position for the purposes of precedence and protocol. Incompatible: With any other public office and for senior officers of the Generalitat.

The Government of the Generalitat

1. Composition

Form the government, besides the President of the Generalitat, counselors freely appointed and dismissed him. Some EEAA regional institutions and laws governing the figure of vice president or counselor 1. The directors are owners of the different departments in which the administration of the CA is structured. With regard to the rules of operation, the call is for the council president, who set the agenda, resolutions are passed by a simple majority, and holds the casting vote of the president in case of a tie. For the formation and validity of the Council of Government assistance is needed the president or his representative. Counselors det direct and organize their counseling, exercise regulatory powers, develop regulatory proposals related to matters within its competence and propose the appointment of officials assigned to his department. Board members are appointed and dismissed from the service free by its chairman. To have the membership not required to be autonomous parliament, in this case, will not enjoy the privileges inherent in the condition. Staff enjoy the same status regarding the President’s special privileges and responsibilities regarding incompatibilities.

2. Functions

Political Leadership

The government contributes to the determination and implementation of key policy directions and decisions. Determine the guidelines of the government’s action, which must exercise to fulfill the general program adopted at the inauguration of the president. Prepare budgets for the community. To approve draft agreements and cooperation agreements with other communities. Agree the appeals of unconstitutionality against laws, or demonstrations or acts having the force of law and promote to the conflicts of jurisdiction TC against the state or other regions.

Administrative Leadership

Directs the regional administration. Institutional law autonomous functions as entrusted to establish the structure of this administration, establishing guidelines for its operation, to direct the various departments in which the regional government structure is.

Powers Legislation

He attributes the example of regulatory power and authority to approve N with the force of law. These are the legislative decrees and in some autonomous decree-laws.

Political Responsibility of the President and the Government

The chairman and members of the regional government are politically accountable to parliament, subject to the direct responsibility of each member by management. It is one of the essential elements that characterize parliamentary systems. It is implemented through the motion of censure and no confidence.