Legislative Initiative: A Comprehensive Process Analysis
A legislative initiative is the process of developing laws through democratic systems. This process involves various actors and distinct phases:
- Initial Phase: Starts the process.
- Central Stage: Establishes the content of the law.
- Final Stage: Ensures the norm’s effectiveness.
Initial Phase: The Initiative
The government is the main driver of the initiative, which originates from a draft law or a law proposition. The processing of a government law project has priority. Requirements for a government legislative initiative include:
- Ministerial and council approval
- Statement of motives and background
- Financial summary (rectifiable)
The government presents the initiative to Congress, where the text is considered. In a parliamentary legislative initiative, the initiative belongs to the plenary of one of the chambers, if the capacity is attributed to parliaments to promote it. In Congress, a parliament or group attaches to 15 deputies with a signed spokesperson. In the Senate, 25 senators or a parliamentary group also sign. The proposal must be published and given to the government for service. After this, the process is taken into consideration. The full Congress or Senate then owns the proposition.
Another subject with improper legislative initiative is the legislatures of the Autonomous Communities (CCAA), in two ways: to ask the government for the adoption of a project or to empower legislatures to remit a proposal to Congress. When a bill or proposition is presented to the Congress of Deputies, it is considered, published in the Official Bulletin of the Courts (BO of the Courts), and forwarded to the appropriate committee.
Central Stage: Congress Begins
After sending to the commission, there is a 15-day period for amendments. Amendments must always be submitted in writing to the commission table and signed. Amendments can concern all or articulated principles or the spirit of the initial project, drop off, or alternative text. In the return, only draft laws and law propositions can be submitted to the Senate. The amendments are discussed. If the project is rejected, it is accepted; if the text is denied, it goes to the commission, and the legislative process continues.
- To Article: Modification, suppression of any article, or addition.
Unlimited material can be presented by parliaments, groups, signed individual parliamentarians, or spokespersons, subject to study and presentation, with a deadline of 15 days to make a report published in the BOC and debated by the commission. The commission phase usually takes two months, extendable. Once the commission approves the opinion, it goes to the floor for discussion. The text is discussed: a request is only made if no compromise amendments are opposed by a parliamentary group. The Congress approves the text by a simple majority and moves it to the Senate, with a similar procedure but shorter deadlines. The general term is two months.
The Senate has three options:
- Approve the project by a simple majority.
- Approve amendments by a simple majority.
- Approve a veto by an absolute majority (which can be lifted by an absolute majority in Congress).
Upon completion, the procedure becomes law.
Final Stage: Sanction and Promulgation
The King has the obligation to sanction, promulgate, and order the immediate publication of laws within 15 days. Promulgation is made by the King in the act of sanction, but its meaning is different. The King simply ratifies the law that the courts have adopted and cannot refuse except for formal reasons.
Emergency Procedure
This is relevant when the period is shortened in Congress. It should be adopted at the conference table by petition of the government or two parliamentary groups or 1/5 of the members. There is a minimum delay time shortening, which is reduced by half. In the Senate, there are two urgency procedures (the first reduced to 20 days). The government may declare urgency for their own projects. Congress and the Senate itself craft the table or group proposal (parliamentary or 25 senators). The other procedure halves the processing time (1 month). It is usable only in cases where the earlier procedure does not apply.