Political Rights in Spain: A Historical Overview

Posted on Oct 6, 2024 in Law & Jurisprudence

II POLITICAL RIGHTS

1. PART ONE: SPANISH STATE RANKINGS

Lesson 1

The Formation of the Spanish State

Historical Reality of Spain. Tension Between Unitary and Plural Organization

The delimitation of Spain tends to be in terms of the peninsula, that is, it seems to have a uniform distribution of the Autonomous Communities. Spain, as Salvador de Madariaga describes, physically looks like a castle, and the mountains make communication between parts of the castle difficult. This leads to problems of consistency and unity particularism. Therefore, within the Spanish territory, there are several regions with distinct characteristics. This means that throughout our history, there has been tension between the inhabitants of the peninsula. Therefore, there are two movements, one that tends to unify and another that attempts to separate. Throughout history, there have been several unifying cycles and others of diversification.

Primitive Spain and the Roman Conquest.

In pre-Roman times, the peninsula was occupied by different peoples: Iberians, Celts, etc. Each town had a different culture, and their relationships were commercial and social activities.

As a result of Roman expansion, the peninsula becomes dominated by them. This occupation takes 200 years to become complete, leading to the Romanization of the territory. This process affects both Basques and Asturians. The language unifies the Roman civilization, they create roads, create cities, etc. There is an implication of Spanish society in the Roman administration and society.

The Barbarians and the Rebirth of Plurality.

Change begins when the Roman Empire collapsed due to the introduction of Germanic tribes to the legion. These tribes (Swabians, Vandals, Alans, Goths, Visigoths, etc.) settle in different places of the peninsula and bring their own rules. The Visigoths are those that are made with power and begin to exercise control over the peninsula, although this unification is slow and scattered. The Visigoths brought their own law, which applies to the Hispanic; therefore, a double order will live for years. With Leovigildo, society was Christianized, although this was already the case in Roman times, but the Visigoths take on Christianity as the official religion. The situation during the Visigoths was not stable due to its political structure because the king was chosen from among the nobles. This causes riots and crises that favor the introduction of Islam.

The Muslim Invasion and its Features.

Muhammad founded the Muslim religion in the 7th century, which also means control of political power. The family of Muhammad (Caliphs) have different positions and thoughts and are divided into Zunes and Shia. In 711 AD, there is a civil war between Rodrigo and Aquila. Aquila calls in the Islamic Army (7000 Berbers enter the peninsula as allies of Aquila), who, after entering the peninsula, has established itself as the dominant society in the peninsula.

Islamization was first southern Al-Andalus, which was dependent on Damascus, later becoming independent, becoming the Caliphate. The first Muslims respect Christians and Jews, just create a tax for non-Muslims, causing many conversions to Islam.

Keep in mind that in the eighth and ninth centuries, Islam has the image of a new society, lively and with a certain prestige.

The Reconquista and its Meaning. The Cultural Diversity of the Peninsula.

The Reconquista is the period that elapses between some Christian kingdoms and other Muslim kingdoms. This period will last 800 years. During this time, there are two important elements:

• Submission of Islam lasts longer in some regions than in others (South of Spain, for example). This causes a change in attitude and behavior among regions.
• The Christian kingdoms are grouped into different political units. Even the Catholic kings have been two large nuclei, the core Western boots from the Cantabrian Mountains and is called the crown of Castile, and the other starts from the Pyrenees and is called the crown of Aragon.

The Crown of Castile and Configuration. Navarre

• Corona de Castilla: The northern Cantabrian is organized around Astures after the arrival of Rodrigo, defeated by the Muslims. In this area, Astures retreat, and Muslims do not go so far, largely due to the weather. This causes a lot of desertification of the land from the Duero to the north of the peninsula. The first populated land is Galicia. The Astur kingdom is taking territory from Galicia and then continues to the south. There is then the kingdom of León, separated from the Astures. The Kingdom of Leon is making a border between the kingdoms of Navarra and Aragon and the Muslims. The society of these territories is a distinct society because they give importance to livestock, as this can be moved to protect it in the attacks, while crops are not. The Leonese were a cultured society and agriculture, while the Spaniards are more coarse and ranchers.

The Corona de Castilla is constructed by integrating the anterior nuclei. The power moves, and then start to Leon, Castilla County, will become the Kingdom of Castile. Therefore, in the eleventh century, it is already configured as part of some parties that are not separated.

In the thirteenth century, courts were held about replacing the Aula Regia Visigothic. It will be members or representatives of some cities (which are the taxpayers). These courts respond to requests from the king, it usually asks for taxes to cities, and representatives raise complaints or petitions to the king to approve. The city representatives or attorneys are appointed by the city burghers for each call, and how they knew beforehand what the king was going to ask, were hired by the city for that particular issue and had to follow instructions from the principal council.

• Kingdom of Navarre is set around the city of Pamplona. It includes the Basque provinces and is mainly pastoral lands, except Bilbao, through the port. The power of Navarre disappears in the thirteenth century. Navarra is characterized by its links with France. As a result of the weakness of Navarre, the Basque territories became independent, adhering to Castile in exchange for privileges (tax exempt).

The Crown of Aragon and its Configuration.

• The Crown of Aragon has different characteristics from the core Cantabria. Its northern boundary is defined by the Pyrenees, and the south by the Kingdom of Aragon Ebro extends to the sea for its connection to Cataluña. Catalonia depended on France and subsequently formed the independent County of Barcelona. Barcelona County will become part of the kingdom of Aragon, but with a different structure to the Kingdom of Castile, which integrated all their kingdoms. Thus, the Cortes of Aragon will not be the Cortes of Catalonia. Catalonia will have its own courts, which will have a twist, they appointed a committee to work when the Parliament was dissolved and was called “Diputacio the General” or “Government”, which was responsible for tax collection and delivery to the king. To the south, conquering new territory, Valencia, conquered by the Aragonese and Catalan nobles and being configured to Aragon and Catalonia independent and will also develop their “Government.” The recapture is extended to the Balearic Islands, to be converted to the fourth Confederate territory. In general, Aragon has characteristics of unification (are subject to the same king) while diversification (each territory has its own courts, and the language is different, a Roman-derived Langue D’Oc France). However, in Aragon, they speak Castilian and Basque.

Relations Between the Various Peninsular Kingdoms and Balance

Relations between the two crowns and the kingdom of Navarre will be collaborative in the reconquest. Typically, the Coronas are not facing each other. The process of reconquest has different rates. First, a slow pace, the Christian kings do not fall more than 100 or 150 miles by sea and land boundaries. In addition. The population was very rural, and you can not occupy the lands, in fact, be ordered settlers to occupy land traspirenaicos. Thus all have momentum and can move faster, coupled with the disintegration of Arab society.

Between Castile and Aragon, three treaties are signed that define the boundaries: Tordesillas, Cazorla, and Almizrra. As a result of these treaties, Murcia becomes de Castilla and closes the expansion of Aragon to the south. Once closed boundaries, they notice the two Crowns different objectives. Aragon is dumped into the Mediterranean (Sardinia, Sicily, Naples, Athens, and Neopatria). The Aragonese Empire was based on two key points:

• An army of mercenaries (Almogavars)
• Merchants create a commercial center in each city, which then reinforces the control of these cities.

Castilla will do otherwise. It will devote to trade, but to livestock, this makes the creation of a large union of farmers, the Mesta. The cattle will be the source of great wealth for the wool trade with Flanders.

You will notice the influence of the clergy in the continuing construction of religious buildings, so much so that it is difficult to find civilian buildings in the Gothic period in Spain. A mid-fourteenth century, the peninsula is being transformed. In 1358, the black plague devastates Aragon, Valencia’s population is halved, and in Catalonia, 30%, while Castilla is almost unaffected.

There is a civil war, where the nobility stands for Enrique de Trastamara, which lasts three years and which involved French and English. Henry supported by French troops and Aragon, while Peter Alive, which receives from Portugal and England. Enrique will be called as the winner of the Mercedes Enrique because, to forget its origin, the more questionable, given grants (gifts) to an entire sector of the nobility increased. Both Henry and his successors will modernize the administration, which entered college.

The Catholic Monarchs and the Organization of the Spanish State as a Real Union.

In 1412, the dynasty Trastámara installed in Aragon. With the commitment of Caspe is named king of Aragon to a family member Trastámara. This causes a tendency to unite the two crowns intensifies, but does not occur until 1470, when he married Isabella of Castile and Ferdinand of Aragon. Isabel had occupied the throne of Castile as a result of internal war with Juana la Beltraneja. The first was supported by the growing bourgeoisie and the nobility, while the second was supported by the other party of the nobility. Fernando de Aragon, in turn, is the most important political moment. Represents the model of Machiavelli’s Prince (clever, ruthless, etc.). When they marry, agree that the two crowns remain separate, i.e., the courts are independent of each crown. This means that your administration will be different (laws, taxes, customs, etc.). Authoritarian Castile and Aragon less militarized and more cuts weight. Virtually the only common institution is the Inquisition, the arm of a Christian orthodoxy and political projection with some historians do not agree the key element, if it was political or religious, describes the need because the instruments behind the kings will be the impetus to end the coming Reconquista channeled through religion.

The Catholic Monarchs have the problem that they could be excommunicated because they were cousins, and as such, could not marry, but contrary to what might happen, the Borgia pope granted him the title of King Ferdinand the Catholic.

The structure that remains is born 200 years. While in power is exercised a policy of centralization, there is a continuous struggle against the nobility. In the cities, there was a figure of the aldermen, who were elected by local forces and, in turn, coexisted with the magistrate who is appointed by the kings and that would make the role of what is now a representative of government, without removing the aldermen. Moreover, the policy of the Catholic Monarchs military expansion slows. One measure is the annexation of Navarre and the conquest of Naples (by Aragon). Meanwhile, the Spanish policy focuses on finance Columbus’s journey to America. Subsequently, Castilla claim the benefits of the conquest of America and not for Aragon, although the intervention of the bankers and businessmen will return wealth to the people. That the Crown of Castile was so involved has meant that the vast majority of the administration of India is composed of people of Castile. Meanwhile, Aragon was devoted to trade. With the growth of the Church, the expulsion of the Jews and the Moors. After the conquest of Granada, Cardinal Cisneros impose conversion to Christianity. Thus, Muslims who convert to Christianity become the Moors. With the expulsion of the Moors, get rid of people who had greater knowledge of agriculture, and the same goes for Jews and banking, which involves importing international bankers.

When Elizabeth died, comes a period of instability. Fernando is left as regent in Castile, but the nobility did not accept, which occurs after the resignation of Fernando to the Crown of Castile, though still king of Aragon. The Crown of Castile will turn as a regent of the sequence occurs, which shall come to pass when Jane marries Philip of Hapsburg or Philip the Fair, the throne passes to the latter.

The Organization of the State House of Austria. Government State Polisinodial and Catholicism.

When Philip died, Juana is rolled away, and Fernando takes over, naming his grandson Charles as his successor, who accumulate the realms of Flanders and Austria (father’s side). The arrival of Charles and his court Flamenca will result in the lifting of the Castilian cities, promoted by the Castile. The price of victory is to get rid of his Flemish court.

Forming the Spanish empire, needs a new form of government. It extends the system of councils or polisinodial, which is an advisory body composed of noble king and officials who receive the documentation and administrative affairs of the kingdom. Actually had no executive power but the king provided solutions to the issues they knew. It was very slow, but through it was intended to maintain the idea that the king was omnipotent and omnipresent. There are several different content:

– Territorial Aragon, Naples, Flanders, Castile, and the Indies. The Council of Castile encompassed justice and all the tasks of civil administration (promotion).

– Horizontal: covers areas of activity. Of Finance of the Army and Navy. Council of foreign policy.

The rule of the Habsburgs was similar to the Catholic Kings, but more developed. With Philip II, the situation is similar. He lost the Empire, but instead occurs annexation of Portugal who had great possessions in Africa and America. Felipe II to streamline the government without changing its ways. It is paradoxical that at the moment, with the largest of Spain, giving three bankruptcies in the reign. On the other hand, the control of the colonies began to be contentious, as England and Holland makes it difficult to control the sea. The Armada would be defeated later.

With the Austrians under (Philip III, Philip IV, and Charles II), the economic situation worsens, and Spanish society is the loss of its hegemony. From the constitutional point of view, establishing the valid institution, which first appeared under Philip III and Philip IV continues through the Conde Duque de Olivares, who will act as what is now a prime minister. This period coincides with an economic crisis across Europe, resulting in movements that converge in the revolutionary movement in Britain.

In Spain, Olivares valid, try to get members of the Crown of Aragon and Portugal, contributing to the rising financial burden. This will lead to the lifting of Portugal, which will cause separation. It also results in the removal of Catalonia with the support of France, seeking a weakening Spanish. There is part of Catalonia’s independence seeking to Spain, to be subsequently absorbed by France. This movement ends with the loss of Roussillon in France’s favor.

The Unification of the State Organization Under the Bourbons. The Decrees of New Plant and its Constitutional Significance.

Spain goes from being a hegemon, to be a second-rate power. In Europe, seeking to stand out no power over another, looking for connections between the other powers to avoid this hegemony. This ends with the Peace of Westphalia, and the effects seen after Charles II’s death. Austria and England propose another candidate for successor of Charles II left, then begin a long war, which will face Spain and France to Austria and England. This war would be won Spain and France, arrived in Spain the Bourbons.

The French support for Felipe de Borbon (Philip V) will bring major changes in the constitutional field. Appear Decrees of the New Plan, the Councils, with the Bourbons, are replaced by state departments that are the source of an Organization Ministerial, eliminates the barriers between the Crowns, improve the economy and other situations, disappearing borders, from the office There are limitations to hold office by the Catalans and Aragonese. Will go down the monopoly of Seville for contracting with the Indies, there will be a strengthening of other ports in the Mediterranean and Cantabrian to trade with America. It is a protest from the economic point of view:

• Unify and change the management structure to replace a system of Councils being more agile in making decisions.
• Another phenomenon occurs, the gift to the Church is going to help a State of more autonomy from other European countries
• In France, political power independent of religious claims, the Church as an institution that decision can not seek to control political power at least in their leaders.
• Spain, however, was the champion of the Church, and political power kept higher than elsewhere. The Church claims that political power is trying to defend the interests of Christianity, there is interference by the papacy and the various religious orders. There is an attempt to cut positions of the Church will occur right through the Jesuit religious order which is the most important and which serves the Pope.

Philip V suppressed the parliaments of the Crown of Aragon by supporting his rival, so its function is maintained, but could be renewed independently as in the rest of the peninsula, narrowing its provincial rights. Therefore, in the peninsula, only retains its rights Basque Country and Navarra Foral, especially in terms of taxation (taxes are lower than in Castile).

During the reign of Felipe V and his successors, will be replacing the system of councils with a more like French and intends to be more agile. The various kingdoms of the Bourbons will develop movements against their work. Kings take on the work of the Enlightenment and ministers named as members of this (Jovellanos, Campoamor, etc.). All of these are going to find opposition from the nobility to any modernization, as their power is based on legal privileges and the possession of large areas of land. But even greater opposition from the Church. The Church supports the idea of ​​Spain as a weak, dependence on ecclesiastical civil power, as Spain does not curdle the Protestant Reformation, as in other European countries. The latter could produce some positive effects clearly advanced in the seventeenth and eighteenth centuries to the defense of indigenous peoples and the law of nations, but along with that, the Church will want to keep a lot of privileges and will oppose industrialization.

There comes a time when the confrontation between the government and Church will focus on the order of the Jesuits, which is seen as a problem. The confrontation leading to the expulsion of the Jesuits, beginning in France and continues in Spain, focusing the problem on many goods of this order. This confrontational stance against the Church will continue in the 19th century, but before that will be critical after the introduction of the liberalism of the French Revolution.

Lesson 2

Spanish Constitutionalism of the Nineteenth Century.

The Introduction of Liberalism in Spain and the Weakness of Constituent Power.

Near the end of the century with Charles IV, the French Revolution broke out, involving a disruption to the dynasty. This motion a process of equality in society. Napoleon comes to power, standing as head of France. Napoleon intended to conquer all Europe, including Spain, where Queen Carlos IV, who had clashed with the nobility. Napoleon then intervenes between Charles IV and his successor Ferdinand VII and leads to succession to the crown, getting the latter would eventually yield the crown to Napoleon. This produces a popular uprising among the Spanish people and the troops of Napoleon. This war shows that political institutions have blown up because they are the local institutions that are really going to matter in this revolt. The confrontation will occur in two ways:

• Between hosts, where the Spanish army is weaker and is helped by the English army. Napoleon lost his first battles in Spain.
• Appearance of irregular troops, the guerrillas, that is, civilians, and armed soldiers led by General Civil leaders of different sizes. Taken together represent a revolution in the military front they do not seek confrontation, but attacks by surprise when the French troops have weaker, withdrawing later. The guerrillas are fundamental to the commissariat of the French. This mode of combat is made known all over the place, and is it really going to make the War of Independence. The guerrillas are not professional people with a keen awareness of the struggle.

Keep in mind that the Spanish sociopolitical structure blows up at that time. According to the Old Regime, the power belonged to the kings, and they could transfer it to others, that power is ceded to Napoleon, and thus the transfer is considered valid from the Enlightenment. Thereafter, Bonaparte made the constitution of Bayonne to modernize Spain, causing a popular uprising that power makes you create locally. Local committees are coordinated by provincial boards, and all of them, then controlled by the Central Board. The Central Board shall convene the Cortes.

The courts, though a very old institution, from the Austrians gathered very little. Even when they met, they did so by Estates. But after the war situation, the Central Board and the leading men did not believe that the courts may be called by strata, so summon representatives of the cities. This appeal is believed to appeal to the nation, and this call is done taking into account the equality, regardless of the different provinces.

Napoleon had tried to separate the Basques, the kingdom of Aragon, and Navarre in the rest of Spain for more control. This will cause more resistance. Therefore, the majority of the society maintains and supports the concept of a unitary nation would be represented in a Parliament which would be extraordinary decide what to do at that time. Only a minority do not agree with the movement because they want to maintain their privileges. Courts, which will come up is a state different from what had so far, at least in law. The courts argue that we have to break any legal relationship that prevents any citizen can relate to others and can have freedom. This, for the nobility, means ending the entail, namely that the property belonged to a family and transferred it to the heir most in full. Then they create large families with large land. The bourgeoisie did not act this way.

The Church has its own entails because the church property could be divided not only into another could be added. Economists at the time called the goods of the Church and nobility, amortized (off-market). Therefore, because of the situation, believe to be disentailments.

Besides land, there were also obstacles to working professionals. The professionals were organized into guilds, establishing rules about who could hold the office and with what degree of responsibility as well as the move from one level to another. This implied that freedom in the labor market was reduced to a pawn of the field, as in the cities had to go through the guild. Courts agree that we must restore freedom to those who want to work and the unions should disappear. These approaches defense of freedoms would be important in the future, but at that moment, the people did not care because what he cared about was eating. The power at the time would noble aristocrats and bourgeois, who organized the government without regard to the people.

Also break the links between crowns. Spain is divided into regions, and turn these into provinces. The boundary problems solved soon be fifty years, after several successive divisions. It is modeled on Napoleon, who instead of following political reasons, will be by geography (rivers, mountains, etc.). Therefore, the regions are named after its most important city or inheritance of the ancient kingdom, without causing differentiation. Thus, in 1819, there were 19 regions, which in turn contained 39 provinces with a provincial government headed by a senior manager appointed by the King.

The Constitutional Revolution. The Affirmation of the National Constituent Power.

Overall, this new society poses a legitimation of power emanating from the nation and not the King. When Napoleon retires, Ferdinand tries to remove any action taken by the courts. Also begin to form social groups attached to certain positions, a more conservative, made up mainly of aristocrats and the Church and in front of them, a progressive form of the urban middle class: merchants, craftsmen, etc., which are often faced with the conservative core. Bureaucracies in general will be pretty neutral in the process.

The army will vary in their approach. In principle positions on the conservative side, loyal to the king. Whereas when it comes to war in all its dimensions, the appearance of the guerrilla leaders and the rise of some military, the army was already positioned in the progressive side to Narvaez, where will the conservative side, especially during the administration between 1868 and 1874.

The Constitution of Cadiz and its Effect.

Period dominated by the struggle of whether or not there is a constitution. The forces will face are absolutists on the one hand and liberals on the other, which in turn can be divided into moderates and radicals. At the beginning of the century adopted the constitution of 1812, a long text and naive. It is inspired by the French constitution of 1791. It incorporates a Bill of Rights but is not very appropriate to the situation of society, does reach value of myth abroad (Latin America, Italy, etc.). His application was limited in Spain, in 1814, Napoleon defeated Fernando VII returns, which is received by the manifesto of the Persians, by which much of the political forces deny the constitution of Cadiz and support Fernando VII, which this latter rejects the constitution, it becomes the absolute and causes death or exile of many liberals. During the early years, Fernando VII attempts to reverse all that had been the work of the courts (the principle of equality, abolition of trade unions, etc.), and a cycle begins again as the previous government to the French invasion. The economic situation is very bad, and therefore, Fernando VII, in 1820 pressed, recognizing the Constitution ends and begins dismantling the Old Regime. Between 1820 and 1823 was followed by several Liberal governments who want to rebuild what has been done by the courts, but tinged with radicals.

Movements arise as a result conspiracy against the constitutional regime and the king is supported by the French army, for the children 100.00 d St. Louis, which beat the Liberals and was again proclaimed the reign of Fernando VII. The period between 1823-1833 is called by liberals as the ominous decade, but keep in mind that is softer than the years between 1814 and 1820. During these years, it creates the idea that going to be inevitable take liberalism when Fernando VII dies on, there are events in the coming years. He had no heirs, he only had a daughter, Elizabeth, that is the problem of the Salic law, which prevented women to reign, and even convey the right to rule. The truth is that when Fernando VII is dying, is brought to the fore a rule of Charles IV, which had abolished the Salic Law and the conflict begins to look ahead.

The Succession of Fernando VII and the Carlist War

Liberals are followers proclaimed heir to Elizabeth with the regency of his mother, but the absolutists argue that the repeal of the Salic law was not valid and that they had already successor, who was Carlos María Isidro, brother of Fernando VII. The absolutists will get away with it and appoint Charles king, beginning the 1st Carlist War.

Some of the northern provinces, support D. Carlos, but even this support is patchy. Some authors say that the Carlist War externalized war against the city field. Large cities would remain loyal to the Liberals. While the war lasts, in turn will establish the regency of King’s widow, Maria Cristina and start two different governments in Spain, a liberal and a Carlist, each rule in the areas it controls. The Carlist war ends when they realize they can not govern in cities. Your message will star in the most modernized.

The reign of Queen Elizabeth II will have as important role in the orthodox line is assumed that the replacement has to be constitutional. However, political forces will be fragmented among moderates and progressives. Both have different ideas about what to reflect the constitution, and this will result in this period in successive Constitutions because each reflects the ideas of a game. The most important points of difference are:

• Sovereignty. The moderates want to reside in the Court and the King and the progressive in the Cortes.
• The second point of difference will be the weight of the crown, resulting in the concept of the Senate (moderate: Senate appointment by the King / progressive: Senate elected as possible).
• The third point of divergence is the vote, a vote based on census, i.e., reducing the number of voters. This census is done taking into account people who may have interest in running the country (doctrinaire liberalism) and will lead to the moderates as to appear in the census, has to have a very high income or have taken certain charges or having a college education. From the standpoint of progressives, must be lower income and educational level.
• Fourth, the differences center on the power of municipalities, the moderates feel the need to differentiate the mayors appointed by the government or civil governors of the council, which would be elected, however, for progressives, the mayors were also be elected.
• This fifth point is related to the previous one. There was also disagreement as to the order that they should have the municipalities. Progressives want a national militia, while moderates do not want those militias.

When Fernando VII died, there is a time of hesitation in the system. Occurs the Regency of Maria Cristina and then begins with the Carlist war, which will last until 1839. Initially, the queen regent still intends to govern with the guidelines of the Old Regime. Name a government headed by Cea Bermúdez and integrated by the Enlightenment that had been incorporated into the political life in recent years. Thanks to the work of these enlightened finally convene the Cortes Cea Bermudez, helped by Javier de Burgos.

The Royal Charter. Character and Meaning.

The standard developed after the arrival of Martinez de la Rosa, called Royal Charter and the convening of Parliament is bicameral, the French style of the moment. These cuts will be on the one hand an estate of the elders, equivalent to the current Senate, and secondly, an estate of attorneys, equivalent to the current Congress. The Royal Charter is striking for two points:

• This is the first time you use a bicameral Parliament. Last until the Republic.
• Assumed in the Spanish constitutional history something like the French constitution of Louis XVIII. This letter comes to determining granted under French law the moment the king, under pressure, he realizes that he has to pass a constitution that does not remove the power and reach an agreement with the political forces. Then, in Spain, is formulated in the same way.

The heroes were chosen by the queen, and the attorneys were elected by popular vote. The Royal Charter rather limited power of the courts, but instead has some important part, as the right to request that prosecutors can exercise.

After the adoption of the Statute, will produce a gradual shift towards the progressive (left), causing a popular uprising that makes Maria Cristina Espartero leave the regency and his replacement is appointed by the progressives. Espartero try to solve the economic crisis, requiring only as finance minister to a Spanish banker living in London, called Mendizabal. This search for some means to find money, especially for the expenses incurred by the army. One of his measures is the confiscation of Mendizabal. This confiscation or expropriation of church property without compensation will generate the church is situated next to the Conservatives as well, this measure will not help recoup the money they expected. Instead, the bourgeoisie and other professionals are positioned next to the liberals to defend their interests.

The Constitution of 1837

Cortes was subsequently convened to create a new constitutional text. The new constitution will be progressive, but with concessions to moderates. This will keep the bicameral constitutional text, and these cameras and will be called upon Congress and Senate. The Senate shall be composed elective and lowers the amount for inclusion in voter registration. However, from a progressive point of view, this constitution is inadequate, as they begin to apply the theory of legal revolution. From the standpoint of progressive voters, many have no rights, including voting rights, thus promoting up and starts to reappear guerrillas.

The government, after the appearance of the guerrillas and the army had in the north, is forced to compromise, and that covenant is to put a progressive government. When you get this government must suppress the movement, which causes them to move away from government progressive, progressive groups are fractured and go picking but the moderates. A consequence of this, part of the progressive ally with moderates, and named Espartero cast as Queen Elizabeth II.

The Constitution of 1845 and its Alternatives

When crown Elizabeth II, will be appointed a government headed by General Narvaez, which seeks to reform the constitution of 1837, to thereby encourage more moderate sectors. Therefore, adopting the constitution of 1845, of which 60 of 77 items are the same as the constitution of 1837. Still, the constitution of 1845 is essentially moderate.

Narvaez will rule in two stages, one between 1845-1854, the period known as a moderate and a subsequent decade. In the decade moderate modifications occur: Narváez created the Civil Guard to crack down on guerrillas, something that will stabilize the peaceful life in areas where there is no war, laying the foundations of public education, creating a fiscal system and will also appear the 1st legislation governing officials in general, the Statute of Bravo Murillo.

After Narvaez, was appointed as president Bravo Murillo, which will make a more conservative text, but can not afford not to falsify the election results. However, your text will arouse much suspicion among the moderates, they agree with liberals to oust Bravo Murillo. As a result of this pact is an intermediate party, called the Liberal Union, which would lead to O ‘Donnell and will also include in their ranks, another young general, General Serrano. Initially raised to make a constitution medium, but not like Bravo Murillo, but more advanced and more progressive side pull, which was to have appeared in 1855, but because of some riots did not come to light, passing constitution called non cream. Subsequently, a movement began to emerge who thinks that the queen can not follow because it influences a lot in groups, so there is a gradual shift away from these, first progressive, then the Liberal Union and finally some of the moderates. The queen eventually have to go to France.

Revolutionary Six Years (1868-1874). Political Instability

It opens a six-year period called the revolutionary, characterized by the fragility of their constituent power, as it was not clear what to do after having thrown Elizabeth II. Serrano will be the first government and progressive Democrats. The left will be torn apart, forming two groups: Democrats, who in turn are separated into Cimbios and Republicans on the other hand, progressives. The platform formed between progressives, Democrats, etc., is winning elections and make the constitution of 1869.

1869 Constitution

The 1869 Constitution is the supreme representative of Spanish liberalism to the second republic. It has 112 articles. and an enumeration of particular rights, as listed in the negative. This text will appear for the first time the right of association, which did not allow people’s participation in political life. It will be a bicameral constitution, bicameralism except with respect to taxes and is also a parliamentary constitution. Like most of the deputies were monarchists, choose a parliamentary constitution monarchy, but King does not know what will be the head of state.

Initially, General Prim opted for a German prince, but finds that it broke European balances and could bring difficulties to Spain and finally, General Prim what it does is bring Amadeo.

The reign of Amadeo was very short, which is due to more constitutional was the king of the nineteenth century because every time he took a decree of dissolution to a party, had won this match and created a major upset in the remaining games. Moreover, General Prim will be killed just as Amadeo I landed in Barcelona to take over the government, which its main supporter, vanished.

Emerged two sections, one led by moderate Sagasta, which tends to terms with the Liberal Union and the other, a radical-led Ruiz Zorrilla. Sagasta get power by relying on General Serrano, causing upheaval, naming Ruiz Zorrilla finally see if he could control the situation, causing the discomfort of the Liberal Union. Ruiz Zorrilla, then raise the dissolution of the artillery gun, which Amadeo sign, later abdicating.

The First Republic and the Draft Constitution of 1873

What happens during the reign of Amadeo is similar to what happened to Elizabeth II, after most of a match, moves or riots form to take to the streets against what was to come out.

On the other hand, a double question arises, whether to make a unitary republic or a federal republic

. The sum of the problem of public order, again the issue of the republic and the Carlist uprising in the north, causing a rather chaotic. After this comes the coup of General Pavia, makes evict the courts, returning to the constitution of 1869 and is named president Serrano. Serrano wanted to pass in Spain as in France after the war against the Prussians, who were appointed as non-king after Napoleon III is the third republic, the general wanted to happen Serrano also Spain. Serrano later sent troops north to stop the movement, leaving helpless Madrid, which takes advantage of Alfonso XII, son of Elizabeth II, to enter Madrid, producing a beverage.

Lesson 3

The Restoration and the Constitutional Crisis of the twentieth century.

• The Restoration and the constitutional concept of Canovas. 1876 ​​Constitution

Gradually, had formed a moderate party with many supporters and Alfonso XII to the head. The brain of this movement is Canovas del Castillo, who wants a constitution more stable than previous constitutions, beginning to theorize that there must be several levels of incorporation:

• Internal constitution. Starting point but not externalized. Recognition of two institutions that they survived and are intertwined, the Crown and the courts.
• Written constitution. Text which should include the relationship between Crown and Parliament and the rights and freedoms of the Spanish. This Constitution was not to regulate those contentious issues that might cause problems between the different institutions.
• Habits of the system. There are some practices of the politics of the moment not included in the constitution, but which are operational. Cánovas for bipartisanship made by his own party and another, whose formation was ordered to Sagasta. Canovas was in love with the English system and recognized that much of the rules that governed the British government were not written down, then followed certain uses. This area uses the system, will join the theory which they used during the reign of Isabel II, double confidence, which is that to govern was needed most in camera more confidence and if the king or queen missing one of the two trusts had to resign, giving special trust to the figure of the king. This theory of the double trust, in fact, could erode the king, if the two major parties were too many differences, which would be what happened later Alfonso XIII.

The second major derivative was the pact of corruption. What he said was really only have two parties in the House (conservative and liberal) and the rest, except for very high levels of voting, would have a minuscule representation.

• Features of the Restoration political system. The electoral system.

The result of the vote, however, depended not so much the number of votes, but with the agreements. This was articulated by the caciques, who were the people who controlled voting groups and according to circumstances, heading toward one party or another.

Bodies governing the constitution were some cuts two chambers, a conference which did not specify the type of voting is elected by the congress, only indicates the index of representation (one deputy per x residents).

The Senate was inspired by the project Bravo Murillo, composed of three groups of senators: one in its own right (some noble and some officials of the administration), appointed by the Crown and the elect (You need to have a very high income ). With these two cameras would arm the government, but not stated in any rule that rests with the government institution.This is thought to be the uses of the system. As for justice, justice was called and just said to be independent, being entrusted to a law of development. Regarding the bill of rights, was quite similar to that of 1869 (the most progressive in the nineteenth century), although the absolute character that had many of them. Above all, the first stage (the reign of Alfonso XII) presents fairly quiet for the society in the revolutionary stage.

• Turnantes parties.

Both parties have several similarities of bipartisanship, are liberals and monarchists and also represent the bourgeoisie. On the other side were the Carlist, which will cause another war, as such, it is difficult to quell. Economic growth will be depleted at the Carlist, as in the Basque Country will install the furnaces and the major shipping lines, which causes Carlism is losing roots.

• Nationalist movements.

Even then reappear with the nationalist movement Sabino Arana Party (PNV). The same movement is also transferred to Catalonia, but its origin, instead of Carlism be a revival of romanticism in contemporary Catalan culture to the rise of European literary movement, leading to a culture of the traditional Catalan language, which only spoke the field, considering it since then as the exclusive language. The weight of these two parties in their respective provinces was low, partly because the chiefs. As in the Basque Country, Catalonia appears the cotton processing industry and textiles. Rather, Castilla has a level much lower income and lower rate of population. Between 1872 and 1920, the population in the Basque Country and Catalonia grows much more than the rest of the peninsula and income as well, therefore, conservatives and liberals do not reflect the different political forces that appear.

• The emergence of new political forces. Anarchism and socialism.

Next to them, also appear for the first time in Spain the Marxist parties, mainly working-class parties. Keep in mind that the Marxists will be split between anarchists and socialists. In the early years will be more important anarchists.

Between anarchists and socialists will not be an agreed geographical distribution. Anarchists will be dominant in Catalonia, Aragon, Valencia and part of Andalusia. The Socialists, however, will be more important in Castile and the north. Anarchists will register first three forms of anarchism:

• Anarcooperativistas: inspired Furie. They believe that political power must disappear to be replaced by cooperative in which encompasses all social action. The state would be replaced by a federation of cooperatives.
• Anarcoterroristas: to overthrow capitalism with terrorism must be attacked and not think so. These actions will last approximately until 1910. In Spain, kills three presidents of the government.
• Syndicalists, the solution is a framework believe in unions, able to call a general strike that paralyzed the state.

These movements are being replaced each other in time.

The Socialists appear later as an organization. They believe in the transformation of the state into a more favorable for the working class, which is primarily targeted. Going to be very close to Marxism. The socialists want to be gaining levels of participation in power, unlike the anarchists. The first seat of the Socialists will be the Pablo Iglesias in 1910.

Republicans, after the failure of the 1st republic, are kept in small groups that will grow with a division among them:

• Compromisers: ready to collaborate with monarchist parties to achieve their goals. Give rise to the Reform Party.
• Hardliners: seek nothing more than the depth of their ideas. Passed to the Radical Party.
• The crisis of the Restoration.

Over the years will change the political and social situation in Spain, mainly based on the movement from countryside to city. This transfer generates new classes that will live in the suburbs and at the same time a capitalist industrial centers, as will happen in the Basque Country and Catalonia. At the same time will create new middle classes by workers residing in the suburbs. Raised a double movement, on the one hand, loss of importance of the aristocracy, and other parts of society for their support or non-religion. It’s going to try to stabilize the middle class, through opposition to the state, they were able to choose people of all classes.

Towards the end of the century, the situation will encounter crisis levels. Alfonso XII’s reign will be short, he dies in 1885 and during his reign ruled entirely Canovas. On the death of Alfonso XII, creating the covenant of the Pardo, which provided a use of saying Cánovas, taken from the British system. The Pact of El Pardo was a deal done between the two major parties in the restoration of the monarchy , the Conservative Party and the Liberal Party, in order to support the regency of Mrs. Maria Cristina and ensure continuity of the monarchy to the difficult situation created by the untimely death of Alfonso XII, especially given the strong pressure of the Carlist and Republican.

The regency of Maria Cristina Dona ends before the end of the century, a period in which Spain lost the last colonies that remained (1898), which causes a reflection of where society is Spain. This crisis grows will determine the weight of the parties that were outside the monarchists (Catalan League, PNV …). This generates the need to change the system to authenticate and not have to go to the chiefs.

Strikes are taking place due to poor working conditions, after the industrial advances, which bind to the terrorist attacks on the anarchists, who kill Canovas. Later Sagasta also die, so that both parties need to be renewed.

Alfonso XIII will arrive and there is the replacement of the moderate party, for which there are two candidates, Romero Robledo and Silvela. A Sagasta replaced him and then Canalejas Moret, who will be killed by the anarchists. After this event, we try to remedy the situation and choose to govern the moderate party, with whom Maura head seeks support in the Church and agrarian interests. Instead, the Liberals after the death of Canalejas, otherwise look for the moderates and rely on anti-clericalism and urban interests.

The crisis erupted in 1909 after the tragic week in Barcelona, ​​where there are many revolts by the government saves and stops anarchist Ferrer as the alleged ringleader, who later shoots, leading demonstrations against Maura and a strong rise not only in Spain. The cry of “Maura” for conservatives is that liberals have broken the covenant of peaceful shift between the two and start getting some sort of war of all against all.

The nationalist movement will become more important. Associations are providing to the provinces that want it, to Catalonia says yes. Therefore, the situation is very troubled, coupled with World War 1, produced outside our borders, causing a great economic boost due to the export of war material and raw materials, but also, our army is poorly and the military are considered a kind of union movement called Juntas.

• The dictatorship of Primo de Rivera and its phases.

A new military movement that seeks to conquer Morocco, like other European countries were conquering other colonies in Africa. This movement causes colonial Spain is the Riff War. At first, the Riffs are decried, but they cause a major slaughter in the Spanish army. After that, it creates a commission of inquiry to find out what happened, called the Picasso record. In this case it is found that there was a clash between two generals, which is the basis of military misconduct and is also believed that one of the two generals was backed by the king.

The situation is becoming untenable. Follows another government management (coalition) without sufficient strength and also start planning the fear that comes from Europe after World War 1, because at that time there is the Russian Revolution, with Marxist ideas, which took power in Soviet country. Therefore, part of the rights associated self seeking, as in Italy, where Mussolini forms a fascist regime or Germany, where Hitler’s National Socialist movement form. Against this background, the question arises of what to do, what Primo forward giving a coup in 1923.

In Spain are the boards of military defense and the parliamentary assembly of Catalans, who wanted to make a new constitution. All this, plus the situation in Africa, makes it seem understandable lifting Primo de Rivera. This survey is fairly peaceful, the other generals are silent and the king granted the power. The dictatorship of Primo de Rivera has two stages:

• 1923-1925: temporary dictatorships approach to deal with a difficult situation. It does so by way of the Roman emperors, as an emergency measure. Admittedly, Primo de Rivera focuses on two aspects:
• The problem in Africa, getting to mediate and end the war.
• The restoration of public order, he will try to end the banditry in Catalonia and harassing the CNT, which was another source of complications.

In 1925, he got off the two fires.

• 1925-1928: This phase aims at transforming the political system to new political forces that gave way also to a new constitution.Primo de Rivera will continue to harass the CNT, but support in the UGT, which depended on the Socialists. Moreover, attempts to create the Patriotic Union, which will only pull in society. Moreover, in these years will face the world: political pressure to join the Patriotic Union, the University, with Catalan politicians, with some of the military sector, businessmen …, which will lead to conspiracies in which the most notable part. After this, the King will bring together all the generals and as Primo de Rivera did not receive support from anyone, it will be removed.
• Fall of Primo de Rivera and the crisis of the monarchy. Proclamation of the Second Republic.

Then he returns to the constitution of 1876 and is named as head of government Berenguer. The company felt it necessary to change constitution, especially the Republican Party and the nationalists. Given this resurgence, questions election, but what kind of elections? General There are games that are not appropriate at this time and are better city, calling the latter finally. During the campaign there is the grouping of certain parties to form a provisional government of the Republic, to be made in the Pact of San Sebastian, where some nationalist parties are represented.

The army begins to stir. It produces the lifting of Jaca, where they shot their ringleaders. After this he dismisses Berenguer Sánchez Guerra is named as president. The king appoints the President and Admiral Aznar as elections are called. The election result is not important quantitatively, but qualitatively, since the city won the Republicans and monarchists in the field. This causes riots, it is believed that there are still bosses and Alfonso XIII has to go and proclaimed the Second Republic.

Lesson 4

The Second Republic.

• The interim government and the legal status of the Republic.

The constituent power during the Second Republic will be weaker than you think. The right will not appear and the sidelines. In addition, Republicans will not act to please everyone, acting progressively. Therefore, there will be decisions made that are not democratic and is taken only in view of their ideology. The same Republicans were divided, causing the Socialist Party and the UGT divide, due to which, they must fight to the CNT to see who is the party trade union leader. Communist Party appears to represent the more radical left. Such a division in a match, it causes when there is a national movement, the Republicans have a double battle, one against the insurgents and another against the members of his party on the radical side.

After the departure of Alfonso XIII, the government would form 7 matches. The government sends to the statute, which says the government is accountable to the Parliament, which will investigate the responsibilities of 1923 and to protect property, and freedom of conscience and a series of individual liberties. Elections are held, an election for amending the electoral law of 1907 with a series of diverse effects, including: the right to vote from age 23, women and clerics are changed districts with more large with limited voting rights, establishing a minimum percentage of votes to get a seat, marked in 20% and if not managed, had to go to a runoff, the minutes would be approved by Parliament, that is, they validate the election results, claiming the candidates elected.The House that resulted from the elections, was overwhelmingly leftist, so it is said that the right is not involved in those elections.

• The Constitution of 1931. Meaning, structure and influences.

The Government appointed a judicial commission advises that draft the constitution. The commission had many university professors and their author was more direct González Posada. The cultural level of the charge was much higher than any commission from another era. In fact, this constitution is framed within the constitution of the teachers, who had a high cultural level, but that did not work. The advisory committee would prepare a text quite open and the government sent to Parliament as is. In the Cortes appointed a parliamentary committee and the constitution would be discussed between August and September. It is a constitution with 120 articles, but more important is the content of some key principles.

• The concept of the Republic and the positioning of political forces.

The configuration of the state can point to three key elements:

• Configuration of the Republic: the formula was inspired by the Soviet Revolution (Democratic Republic of employees), but in Spain would be added “all classes”.
• Comprehensive system. Delimitation of competences.

“Republic as integral state”: a new concept invented Jimenez de Asua, whose intention was to say that was not a unitary state or federal. What he meant by integral, was to integrate some regions, which would Statutes of Autonomy. These regions are thought mainly in Catalonia, Basque Country and Galicia. Each of these regions, considered to be autonomous, may have some different skills and competencies that could be regions, state or shared between them. The distribution of powers were made on three items: 14, referring to the powers of state, 15, referring to the powers that were owned by the state, but that could be delegated to the regions, and 16, which related to matters assumed by a region. In any case, the residual clause reserving to the State (clause stating that in all matters not regulated, the jurisdiction is the State). This system of division of powers is very similar to what we have in our current constitution, although it was better.

• The principle of state secularism.

Religious question: was one of the issues that had created more confrontations between conservatives and progressives. This raises a secular, so the starting point would be progressive. The Catholic religion is the religion of the Spanish but not the state. In that constitution, in the arts. 26 and 27, establishes a limitation of religious congregations (education and church property) and also limits public worship. This is considered an extreme secularism, which causes the first crisis of republican government, as some components of the government resigning because of the adoption of these articles, including Maura. The religious question is going to be one of the causes of disorder during the Second Republic.

• The declaration of rights and the issue of Defense Law of the Republic.

Then came a list of rights, taken mostly from the Mexican constitution. Title III established the d guarantees these rights, it was the guarantee to claim those rights before the Constitutional Court, Constitutional Court precedent. This was done by a resource, history of amparo. However, from the political point of view, establishing the suspension of rights guarantees, for the need for a Decree, which was subsequently approved in 30 days by the courts. These guarantees, during the Second Republic, would be suspended longer in force.

They were also guarantees social and economic order (family, economy and culture), which recognized the right to divorce, secular education, the social purpose of property, equality of illegitimate children … These rights, for the years in which claim, were too advanced and not taken into account society.

• The Congress of Deputies and the electoral system.

As for the organizational structure is based on a unicameral cuts. The mandate would last four years and have two periods of operation, one that began in February and had a minimum of two months, and another in October, with the same minimum. When the courts were constituted, exercised its functions, the Standing Committee. In fact, the Permanent Deputation had a political meaning, because as the courts could not adopt resolutions outside its operating period, had the Permanent Deputation, if any, on important political issues.

The Government Parliamentary Government was already reflected the rules of what is called rationalization of parliamentary government, namely the establishment of a few measures to avoid the censure motion. This is often done in government where there are many political parties. The motion of censure had obstacles, could vote only 5 days after submission and absolute majority needed for approval.

• Republic’s presidency and government.

The government area is split by the figure of the president of the republic. In the parliamentary system, the functions are divided between the Prime Minister and the State. The presiding at lower powers, elected by the members of parliament chamber.

Presidents are elected with more powers reinforced by a college composed of members of the cameras and some commissioners, elected former process to participate in the election.

The President of the Republic.

The president of the republic could cause a government crisis, like the king. It could also suspend the operation of the Parliament and dissolve them in advance. Its mandate was 6 years. During his tenure could dissolve the Parliament at most 2 times, and the new courts would judge the above solution. This case of dissolution by 2 times was with Alcala-Zamora and new courts agreed it was wrong the 2nd, it being removed.

The Judiciary.

The Constitution refers only to the Supreme Court, to be elected by a special assembly, whose membership would be established in a rule in the Constitution. His term of office would be 10 years did not need to be a judge or magistrate, the Constitution only specified that only needed to be elected by the Assembly. Next to the High Court was the Court of Constitutional Guarantees, known court appeals against the law, habeas corpus for violation of the guarantees and inter-agency conflict (conflict between regions and between state institutions). This Court is the precedent of our Constitutional Court, although its composition is slightly different from the present (a mixture of lawyers, parliamentarians, judges, etc.).. The Tribunal of Constitutional Guarantees worked quickly and therefore could not see the defects of its operation.

Finally, the constitutional reform, establishing a single procedure to a variant, the procedure was that by presenting a draft constitution, was subject to debate in the House, if he remembered to go ahead, dissolved the chamber (within 60 days from the solution) and again choose a new camera from the date of its dissolution. In the first 4 years of application of the Constitution, the majority required for the reform was 2 / 3, after these 4 years would be an absolute majority (this procedure inspires our Constitution).

• Republic’s political process. Stages and political shifts.

There are three stages:

1st Stage: 1931 – 1933 (social-Azana Biennium)

2nd Stage: 1933 – feb. 1936 (Radical-CEDA Biennium)

3rd Stage: February. 1936 – end of the civil war

Stage 1: 1931 – 1933. The active phase of the republic or the social biennium Azan, the government will be coalition between the Socialists and Republican action. The government led by Azaña and continued political or three different lines of action:

a). agrarian reform. Farms that have more than 300 hectares would be expropriated for social purposes. In such expropriation compensation was fixed by law regardless of market prices. This law was not content to anyone, or farm owners (he expropriated at lower prices than the market), and the peasants (poor as they seemed to apply). This produces a mobilization of employers and peasants began to occupy farms.

b). The reform of the army. It was necessary to modernize the army, but also was used to form a republican army. It tries to go to the reserve senior officers, who could have been monarchist, putting the command to the young.

c). The reworking of a statute for Catalonia. The statute made by Parliament the draft constitution contained a Catalan.

Neither the reform or the status of Catalonia could be approved, since there was no absolute majority. This event will end with the lifting of the General San Jurjo, which promoted a constitutional reform to prevent the contents of the reform. This uprising is rapidly cleared, San Jurjo goes to prison, allowing pass land reform and the status of Catalonia. In this period there was an ongoing disorder that occurred in the streets and fields. Those responsible for this were the anarchists of the CNT, despite its division between the leaders. The basis of the CNT wanted to go on general strike continued, moving to a social revolution.

It also produces the rise of Casas Viejas in Badajoz. In one of those shots of land, clashes between farmers and civil guards and kills some of them. The government sent military forces and there is a slaughter. The right criticized the lack of ability to order Azaña exhibited in government echoed this and the left joined the criticism. Arises from the resignation of all ana.

2nd Stage: 1933 – feb. 1936. Alcala-Zamora, who was the President of the Republic, following his ongoing problems with Azana for other government and social radicals, as Republican Action was offside. The result is that the government can not be dissolved by the president of Alcala-Zamora, which recounts with Azana and form another government. Subsequently, Azaña meets many difficulties and resigns. Lerroux then directs the formation of a new government. It needed the support of socialists, but they do not give it. Alcalá Zamora dissolved the chamber to go to new elections, these elections in November 1933 the surprise in store because the result is 180 degrees from the composition of the anterior chamber. In this chamber the sum total of 58 Socialist deputies to 400, 104 Radical Republicans, 115 CEDA shown with great force and other small groups totaling about 100.

The electoral system in the Constitution rewarded the parties were united when it comes to stand for election. Right-wing parties were organized and presented together, unlike the left, to the extent that the CNT did not participate. This meant they could only rule the radical or the CEDA or coalition of both. The Socialists are opposed to the CEDA into the government on the grounds that a party was too right. Finally, Lerroux form government with outside support of the CEDA (CEDA to govern and no support from outside could make government proposals that would, having a responsibility for the result). They start going to impose the most right-agreeing with the Socialists, however, shortly after Lerroux resigns because he CEDA press for political reasons. Alcalá-Zamora begins to have Gil Robles as defense minister to form a new army. No backtracks on military reform, but continues to charge the generals to reform. Stop the land reform and put limitations to the development of Catalan statute that formed the basic outline of government ana. The atmosphere was produced, makes the left parties are separated.

Diego Martínez Barrio, and a parliamentary group forming the Radical Union Party (Masons) linked to Freemasonry. Socialists agree to launch a process of revolution, Julián Prieto Besteiro and try to lead a socialist revolution and get an uprising involving socialists, anarchists and communists. The situation will contain radicalism. At the end of 1935 comes the crisis, the radical party of corruption is involved (for approval of gaming machines for casinos in San Sebastian) charge that left the party unable to continue in government. Alcalá Zamora start thinking what you can do so you can see a party of the center between the radical right and the left-social cedista Azana and can protect himself, something he instructs Chapapietra, but after the failure, finally, Alcala Zamora choose to dissolve the House in 1936.

3rd Stage: February. 1936 – end of the civil war. In this election are the United Left, the Popular Front called on the parties to introduce themselves as bourgeois, socialism and communism. The right wing has divided the CEDA and the group seeking Manuel Portela was supported by Alcalá-Zamora. The result is influenced by the involvement of anarchists. It was a confusing result, it appeared that the left had won, resulting in a series of revolutionary movements, land occupations, business robberies, burnings of churches …

Knight wants to control the second round of elections are canceled many records and produces most of this second election victory. The result does not match, some say there were 4 million votes left against right about 2 million others, however, say that the left was 4,300,000 compared to 4,400,000 on the right. In either case between left and right were quite equivalent. The purpose of government, would moderate the situation with a government led by Azaña and composed his party over the Republican Union of Martinez Barrio. However, shortly after results from application of the Constitution, regarding the censure motion, analyzing the second solution of Alcalá and determining that under provisions of the Constitution, the courts should rule on whether it was done right or wrong solution. The left should have foreseen the dissolution

Law and order no one can stop it. In front of the factories the unions demand the reinstatement of the dismissed workers. Begin to make a series of strikes that lead to military intervention, part of CEDA begin to contact the military. José del Castillo Killed Sáez (Lieutenant guard assault), which causes retaliation was killed Jose Calvo Sotelo. Two days later there is the lifting of the Army of Africa.

Lesson 5

The Civil War and Franco’s regime.

• The Civil War. The two sides and the positioning of the population.

Start the Civil War, which initially was thought to be long and violent. Some believed a coup would end in civil war. The survey has a relative success, does not succeed immediately. The army is divided, the generals who rose up are different ideologies, positioning itself as leader General Franco. Franco was in charge of African troops and is the first force is used, only part of the army is raised. The government is backed by the civil guard and the guard with assault. The military is supported by the Falange, the far right, also backed by much of the Church. Sectors would be an uprising. In fact, this survey has almost win mediate in Castilla y Leon, Navarra, La Rioja in large part, Cadiz, Cordoba, Seville and Oviedo. Within this territory, there were many Republicans too, who remained loyal to the government and others who were on the side of the lifts.

• The problems the Republican side.

On the side of the republic, he had to assume the government is Caceres Quiroga, who resigns, assuming the government Martinez Barrio, who tries to negotiate with General Mola, a true leader of the uprising (Mola was called “the Director” ). The Republican government at any time thought he would win, just wanted to stretch a resistance to a war break out in Europe so they would receive support from the forces that oppose the fascists and Nazis.

• The structure of the national side

Germany and Italy sent troops and war material to help the rebels. Capital assistance that resulted in the first place unnecessary and increasingly from 1938. Regarding the Republicans, neither France nor England helped them, but not sign a Status of belligerence. This occurs because the French government and the English were wary of the revolutionary process in Spain, even more than the other side. Moreover, there was some concern about Germany, which was already showing some strength. Those who did help the Republican side, would the Soviets, selling weapons to the Gold Coast Reserve Bank of Spain. Instead, there would be a notable involvement of the left and intellectuals from around the world. This would cause many volunteers have European and American volunteers.

The Civil War is the bloodiest war in Europe after the French Revolution. It’s a tough war, in which he killed many innocent victims for irrational reasons. There were many dead on both sides. The Republicans were giving power to the locals, who used the militias and they could not face an army structured.

Largo Caballero to the Government. It looks to be to centralize power and both parties are fighting for it. Socialists convince unionists. In turn, the Communists are taking political weight with the Socialists to form the Republican side and create rejection in certain sectors of society.

Both armies had no officers, something that was more severe on the Republican side in the country, and they even get to shoot the little they had. On the nationalist side, the process was completely different because the obsession was to prevent the dispersion and concentration of effort, just the opposite on the other side. This feature will make the process after the war. Both sides were completely different.

The rebels, realizing they would not win the war quickly, not in a hurry and are consolidating every socially conquering territory, shooting and imprisoning the people opposed. Therefore war is so hard. Many people also would go to France, the Republican side and then go to America after the onset of World War II. Most of the intellectuals were on the Republican side, and when they leave, the level drops much literature and art in general.

• The constituent power of Franco. The three concepts of the movement.

It would be going to force the various forces to agree, since the leaders did not want to socialism or communism and Freemasonry. What they wanted, in short, was something undemocratic. Franco, one of the concerns you have, is to balance the associations that are on your side and retain power. As for the power line will be a balance between different forces, so that the Franco and fascism is not believe so many writers and thinkers. Juan Linz, considered an authoritarian and totalitarian, because since the government controls everything and never completely gave power to the movement. Governments are a mix of military, Falangists, traditionalists and some technicians. Later Catholics join other nuclei (Opus Dei). However, this balance is changing in light of developments. At first, when it is perceived that Italy and Germany will win the World War II, dominated by forces called “blue” and then when you see that they would lose, Franco wants to give an impression to the outside of a “liberal”, creating courts, although they will be quite peculiar.

• Franco’s dictatorship and its constituent boundaries.

Franco’s organization chart is based on two principles:

• Centralized centralize power in a single organization led by Franco. The Franco abolished the autonomous status which is being developed in the Republic. Instead, territoriality is organized into provinces headed by a civil governor, who was chosen by the Government.
• Abstention: according to Linz, the Franco regime was an authoritarian regime, because it promotes and abstention, that is, society does not worry about anything. For Franco, the policy was wrong, and what was done was to administer. In fact, the administration of government was in the hands of many of the senior officials. These officials were highly ideological at first, then not so much.
• Franco unionism.

It also prohibits any activity, whether of associative or political. FET JONS party was broken up a union that was a set of clusters, one of which represented employers and other workers. The governing bodies of each group met with groups from other areas and formed the union. All the leaders of associations and unions, should be members of FET. He believed it could strike a balance between employers and workers and the tensions that may arise between them. As was supposed to balance, prohibit strikes, in fact, the strike is a criminal offense. Over time, the worker representative positions will be infiltrated by militants of the Communist Party under the name of a new organization called CCOO Along with that, the company was subject to censorship board, which extended to all media. All newspapers, before going out, had to attend to censorship. The radio was the same. Also created a group of newspapers and radios in the movement. Censorship was an organization picturesque, was sometimes contradictory. Eliminated as it was against the motion and it was against Christian belief.

• Franco’s political process and its stages.
• STAGES
• End the war until 1942: hardest stage. Trials and executions on the war. There is uncertainty in the international position which will occupy Spain. Interview occurs Endaya, between Franco and Hitler, in which Hitler announced that Franco will not participate in World War II In 1942, Franco was aware that the Germans will lose the war and make the courts a organic institution which represents the basic institutions (for Franco): unions, parties, city councils, family … These institutions functioned as follows:
• The match:
• Union: there would be up to 150 attorneys in a performance that was 3 per union attorneys.
• Township: Up to 120 attorneys who were the mayors of provincial capitals, plus the mayors of larger, the presidents of the councils. Were appointed or the Minister of Interior or the prefect.
• Small groups: governing board, university presidents, bishops, and finally 3, 40 appointed by the Government.

Courts were an organization that directs, not take decisions. What decided the courts became law when it decided the head of government. The Court met in full 2 ​​or 3 times a year. Legislative committees do the work in the field and prepared texts. The legislation of that time is better than today. In fact, the courts acted as a mediator between the interests of different sectors. The Government controlled the prosecutors and not vice versa. Control is exercised through the salary.

• 1942-1957: After the Allied victory in 1945, things start to move inside Spain, not the mobilization of the left, which was offside, but because the very foundations of power, raised the idea that Franco left the government and imposed a monarchy. Creation of the referendum law to submit to national consultation on political issues. This was intended to silence those who said the government was not legitimate and that already after 6 years, must relinquish power.

Its highest expression is give a few years later, with the law of succession that manufactures Franco as Spain was a kingdom without a king, which should be appointed by the government, that is, by Franco. This law was put to a referendum, which, upon approval, was legitimizing the Franco regime. The law would win an absolute majority. In this way, calm the political tension, but since the government is looking for a better international image of the regime.

In 1951, she joined a group of government so far had not been involved, the “Catholic action group of propagandists”, formed by the Cardenal Herrera Oria. This group will deliver a major foreign minister going to try to put Spain on the map. In 2-3 years, there is a very important standard. Log in Spain at the UN, normalize relations with the U.S.. Furthermore, with the onset of the Cold War, increasing the strategic value of Spain. Also approved the Concordat with the Holy See, a framework for relations with the Church.

The blues and the military will gradually lose weight in the government. In 1956, there is a stage where there are disputes with the university. There will be a crisis in the Ministry of Education, changes in government reports.

Laureano Lopez Rodo accessed as advisor to the government, as a member of Opus Dei. Produce a series of changes lined mainly technical in nature. Technicians are created civil administration, now senior managers of the state. Start talking about planning, and in 1957, there is another government crisis that opens the third stage in Franco.

• The development phase (1957-1963): After the government crisis that occurs in 1957, become part of government ministers Opus Dei 3 (technocrats), which promote 3 changes. But since no alternative was emerging credible, the Stabilization Plan was approved by the Government by a decree dated July 21, 1959. By this decree imposed a series of basic steps to guide the economy. We will mention just some of the most significant:

1. Reduction of excessive spending of state and private individuals. This implies restrictions on credit and pay freezes.

2. Phasing-out of government controls on economic activities.

3. Opening of the Spanish economy to foreign markets, increasing the facilities for carrying out imports. The ultimate aim of the operation of economic policy was to contact the Spanish economy with the international. This was done at a time when it was in a period of strong growth.

• Change in economic theory, trying to move away from autarky that had followed the former state. (The only help

Among which in turn had different degrees).

With this situation, Franco became Prime Minister Admiral Carrero Blanco. This was Franco’s right hand and the greatest influence on the dictator. Carrero Blanco was the one that allowed the entry of the technocrats of Opus Dei, which had tilted the balance towards continuity and advises that at this time Franco to name him prime minister. On 20/11/1973, it will be killed by ETA, which will mark a turning point for the change of regime, as Franco was still alive but had lost their support. Although Franco’s regime remains at the forefront, this time is considered the beginning of the transition.

Lesson 6

Transition and Current Status of Constituent Power

• The political transition as the formative years of the constituent power

It is the formative years of the constituent power of our time. Transition can be understood as the change from autocratic to democratic power. This step is something exemplary of constitutionalism, which is not passed from the Cortes of Cadiz. This period will be an example to other countries in South America and some former Soviet republics.

The beginning of the transition, there are two ways to interpret it:

• Carrero Blanco’s death
• Death of General Franco

The end of the Transition has four interpretations also:

• Election 1977
• Development of the EC
• If approved most of the laws of EC development
• When values ​​are implanted permanently in the EC This is very difficult to determine.
• The process of breaking off of the reformist and the resurgence of the traditional parties.

In the transition stages can be distinguished:

• Segregation of the reformers from the regime and the resurgence of the traditional parties. After the assassination of Carrero Blanco, Franco named president Arias Navarro.Arias Navarro form a new government which includes some of the most significant reform. That government presents a program of intent (speech of February 12), which notes that one must make an opening to move from commitment to a regime of participation. Therefore there is a release of all cultural fields and, therefore, a reduction of censorship in film and theater, performed by Pio Cabanillas. Along with this movement, there is also a mobilization of support the regime, such as those headed by José Antonio Girón. Parallel with this, start to produce some events that emphasize the tensions:
• Revolution in Portugal, which was similar to the Franco regime. In April, Carnation Revolution, where the army was calling for a regime change. Given the proximity, would have great influence in Spain.
• They reappear in Paris representatives of the main opposition parties: Communist Carlist …
• Franco falls ill and provisionally named regent Prince Juan Carlos.

With this government could have continued to democracy, but this is a situation that does not like the stagnant sector, that make when Franco’s OK, put back in charge of the government. It appears that in September caused the Democratic Platform, which consists of the Board over the Socialist Party. Tensions grow, causing the stagnant sector Cabanillas’s resignation, along with 20 others.

On September 75 a Franco side recovers … is the democratic platform is composed of democratic parties, socialist and liberal press inmovilístico sector … causing the cessation of the Minister Cabanillas, who had managed the opening. This is displayed because the resulting government after the departure of Cabanillas and finance minister Irimo Barrier … there is a statute that allowed the legislation appear and grow to different political parties, but an attempt did not work.

This statute requires 25,000 members so almost finds little support. On the other hand, a few days, the former Minister Franco Cabanillas asked to leave and be crowned the King. At the same time, who resigned along with other opportunistic say no status. Through a process of creating his own party formed a corporation called Fedis. There is a hardening of the system, with the support of the military.

On November 20, 1975, Franco dies and there is the coronation of a King, in his crowning act of running a message that expresses a willingness to change. However, after the first steps, people look puzzled as the president continues Arias Navarro. There is a change in the courts where appointing Torcuato Fernandez-Miranda as president, which was one of the founders of the law for political reform.

Arias Navarro, appoints a new government which come in a large proportion of openings: Fraga, Leopoldo Calvo-Sotelo and Adolfo Suárez little known. The government drafted a new law of associations, much more suited to the creation of political parties, were sufficient to constitute a three-person party whose main requirement was to present statutes, in which are their political goals. These statutes were registered in the ministry of interior in what became known as “the window.”

• The Political Reform Act and its meaning.

In June, there is surprise, Carlos Arias resigned and the King uses the mechanisms of existing legislation, naming as the new President Adolfo Suarez. Later the fusion of the joint democratic and democratic platform. The government begins drafting a law that will facilitate regime change, the law for political reform law with a structure similar to real status.

Bicameral courts are convened where there was a Congress of Deputies to 350 members and a Senate of 248 that 207 senators were elected by provinces at a rate of 4 per province and 31 appointed by the King. This law would overcome the so-called principles, considered the definition of the Franco regime the argument used is that it was the synthesis of fundamental principles. The law involved is therefore a change in the law courts, moving from the 624 attorneys Franco +248 350 deputies and senators. This law is voted with a majority of 410 votes.

• The structure of the Spanish transition: break with the reformists. Decisions constituents.

The law was put to a referendum (as the eighth Basic Law) and was approved by an overwhelming majority (80%) from that moment begins an acceleration of the facts in the face to the convening of elections for the new courts. But there was still an open problem, to see that parties had registered. It was enough to notice that the party was. This is part of the socialist party, leaving only the problem of recognizing the Communist Party to all parties. This is a crisis in government, some ministers resigning, but eventually the picture becomes clear.

It breaks with the previous regime, this break was negotiated between the government parties and opposition, the major parties, will have a series of meetings in which they agree would be guidelines to follow for all it wanted to approve. Because adopting a document that is going to expose the President Suarez, this document is presented by a committee of ten members, an agreement that would address the definition of the new regime.

First would be to draft a new constitution, to collect a list of fundamental rights of citizens, would retain the monarchy as an institution, the government shall be a parliamentarian and also recognize the autonomy of the communities that wish and meet certain . Alongside this is agreed to adopt an electoral system that would strengthen political parties. With these principles approved, you could practically define a form of government, what was confusing was the empowerment of communities. As for the electoral system is defined by the government through an executive order establishing the rules to apply to the first elections.

• The legalization of political parties and electoral definition of a standard for early elections.

The decree law defined two different systems for each of the cameras.

The Political Reform Act of 1977, builds on delivery to the province. Being a multi-member system means that each nomination is going to present, should have a list of candidates and these, in turn, could be opened or closed.

• Closed lists: the voter voted in the list together.
• Open lists: They could choose candidates and they did not have to be the same list. These in turn could be blocked or unblocked. The first is one in which the voter, voting list, you can not change the order of the candidates of the same. Instead, the application is not blocked is one that allows the voter affects the order in which candidates appear. There are several basic ways to do so, including 2 basic
• Cross out the names of candidates who do not like, the rejected.
• To emphasize the one who wants to strengthen and the candidate most preferential votes obtained, will head the nomination.

Basically, they want political parties are closed and blocked lists. This would vote for one party or another and candidates are placed in the way he wants the party’s executive committee.

At that time, there is a second problem is how to distribute the seats won. There are two systems:

• Majority. After the vote count the votes of each candidate and the positions attributed to them (all), the most votes serve. If A gets 60,000 votes, B and C takes out 55000 50000, all seats are given to A. Because this system is not fair, is only used in one-person or single-member candidates. The British and Americans use single-member districts. In the U.S., has twice won a president who had fewer votes in total than the other candidate, which is considered unfair. Diverges with the system said that there was a majority or total disintegration, or there was bipartisanship.
• Proportional. Proportional basics. If an election is 480,000 votes and 8 candidates, each is 1 seat 60000 votes. It is what is called electoral quotient.

Nominations

In this example, 5 seats are used, but 8, so there are different systems for allocation of such seats:

• Remains higher: thus correspond, in addition to seats for every 60,000 votes, 1 seat to A, 1 B and 1 E. This operation is considered somewhat unfair, since the end E has the same seats C and C has cost more work to get votes.
• D’Hondt system: to assess the effort divided among the various seats. Under this system, the A1 would take on 1 seat, the B2 2, the A2 3, the C1 4, D1 grades 5, the A3 to 6 º, B2 7 and the A4 8th. Therefore, the seats would be distributed as follows: candidate A, 4 seats, candidate B, 2 seats, candidate C, 1 seat. This system serves the major parties, while the former is more favorable to minority shareholders. According to the decree before the electoral law was intended to favor mainstream parties, so it will be this system that will use Congress.

The Decree Law of 1977, Congress established for the D’Hondt system of representation. In turn, the Senate established a system of senators elected in each province, with an open list system and establishing a limit of 3 senators. If, as expected, the majority would vote as a closed list, the result would be the most voted would get 3 senators and the 2nd most votes, would a senator. Then there will be 41 senators, appointed by the king.

• The elections of 1977 and the resulting force system.

The major parties were:

• UCD. Evolution of the reformists and the opposition. Would be formed by the Popular Party, the Social Democratic Federation and the Christian Democrats. Joining them would be a series of independence. Your representative would Adolfo Suarez.
• Alianza Popular. Franco were the residuals. Led by Manuel Fraga. We present the so-called Magnificent 7 on the charts, 6 of which were former ministers of Franco’s regime.
• Socialist Party. On one side was the PSOE, which had maintained relations with the Republicans. The PSOE had a federal structure, that is, divided into PSC (Catalonia), PSV (Basque Country) … Next to these would be called the Popular Socialist Party, which was headed by Tierno Galván.
• Communist Party. It was legalized.
• Independence parties. There were many. The most important were: CDC, led by Puyol, Democratic Union of Catalonia, Catalan were the Christian Democrats, the PNV, the Democratic Left, Democratic Party of Gil Robles.

These parties were the most representative, but nationally, community and local levels, presenting a total of 4537 games.

When elections are held, it would make a drastic selection of the parties that won representation. The largest party would UCD, with 167 seats (34.5% voting and 47% of seats). In 2nd place would PSOE, with 118 seats (29% of the vote and 34% of seats). The 3rd would be the Communist Party with 20 seats (9% of votes and 6% of seats). After People’s Alliance with 16 seats (5.5% of the votes and 8% of seats). Then the Popular Socialist Party. Subsequently, the CDC, with 11 seats (2.2% of the vote and 3% of seats). And finally, PNV get 8 seats.

If you look at the percentage of votes, we see that is valued more parties with more votes or majority, giving them more seats, while the other parties was upside down, had the highest percentage of votes to seats. With this result, they will be producing a series of movements. Note the decline of certain parties that were considered strong, as PSUC (Catalan party with communist ideology) and the Popular Socialist Party. In general, all parties would be quite happy with the result.

• Consensus as a provisional government formula. Provisional Regulations of the Chambers and the Moncloa Pacts.

As UCD does not get an absolute majority, would have to find a formula that was valid. The various possible formulas were as follows:

• UCD and a coalition of others. But no one knew who agree, as the PSOE was discarded because it was the alternative. It also dismisses the Popular Alliance, as these were not according to a new constitution. And neither wanted to nationalist parties.
• Government of concentration of all parties represented. This formula was excessive, as the Communist Party could not govern when I had just been declared legal.
• UCD minority rule to a number of mechanisms through which the important decisions were made by all, but run by the UCD. These mechanisms were a consensus. There are two major agreements:
• Moncloa Pacts: deciding how to act in every political line. It was agreed by all.
• Preparation of the 1978 Constitution. State Territorial Organization.

Development of the Constitution was a constitution that would represent all and not a single party. For starters, the government would refuse to submit any draft. Once created the courts, and would create a constitutional commission and in turn a paper with 7 representatives (3 of UCD, PSOE 1, 1, Alianza Popular, PCE 1, and 1 of the independence), as he lacked a majority UCD in Congress, neither had it in the paper. One day there would be a filtration of the Constitution almost entirely in a magazine. This is a technique used to see the reaction of society, so if you do not react well, is said to have been stolen.

On January 5, 1978 would be published the draft. This text would be submitted to a series of amendments and after amendments, the paper would produce a report after analyzing those amendments and think if we take into account or not. The paper would issue its report on April 14 and then pass to the Commission. In the first weeks almost no articles were approved, so they began to create tension, causing the different political forces were forced to deliberate, an emerging consensus. With meetings between members of different political forces, would accelerate the approval of the commission. The text later and later pass the full Congress, where he obtained 258 votes in favor, 2 against and 2 abstentions. Subsequently, the Senate would pass, but with some modifications, which resulted in both texts would lead to a Joint Commission. Later this Joint Commission would take the final text to both houses, approved by them. On December 6, 1978, this text would be submitted to a referendum with a turnout of 67% and “yes” 87% of voters. After all these steps will officially proclaim that the constitution was adopted on December 27, to be published two days later.

In the Basque Country, the share would be smaller, like the votes. In Catalonia, however, the number of votes would be similar to the rest of Spain. The next day, President Suarez convene elections, resigned.

• The elections of 1979. EC development and decay of centrism.

Adopted the Constitution, dissolved the Parliament, which was not foreseen in the Political Reform Act of 1977. The dissolution of the Parliament is not unusual after the adoption of a constitution, this is to give legitimacy to this constitution.

In March 1979, reconvened parliament. With the dissolution and new call, there are three objectives:

• That new institutions arise because of the Constitution just adopted. Constitutionally legitimate attempt to state authorities.
• Start the Constitution and everything that is reflected in it. This will be the task of the new Courts and the new government.
• Close consensus politics. Throughout the constitutional stage, had worked through political agreements. Once approved, the constitution has to give a normal policy of confrontation between majority and minority, and between government and opposition. Just the politics of consensus.

The results of the elections of 1979 are very similar to those of previous elections (June 1977). UCD wins, but without an absolute majority. It follows the PSOE and then a series of games as PCE, PS People, People’s Alliance … The Chamber would like in previous elections.

UCD took over the government with a majority minority, alone, without pacts or coalitions. In April 1979, municipal elections will be very significant, since the councils were still the regime and were not renewed. What is important about this election will be the post-electoral pacts. In many municipalities joined the PSOE and PCE, which many cities, including some very important, have a leftist government, even supplanting UCD. As in the general election is an unwritten agreement in which it is said that the party can only govern with the most votes in the Autonomous Regions and Local Authorities, is not true. Therefore, these municipal elections change the landscape and make post-electoral pacts appear.

The first term runs from 1979 to 1982. UCD’s government means the initial startup of the Constitution. Creates a series of constitutional bodies like the Constitutional Court. 1 The characteristic of this term is the progressive weakness of the government. There are three factors to understand the reason for the decline:

• Internal matters of a political party. UCD was shaped by a series of center-right parties with an ideology more or less related, and marriage between these parties was very fragile. There are clashes between them.
• External pressures on the party. The Socialist Party is aware of the tremendous weakness and harassment begins to break up the party. Several members of UCD, even end up going over to the PSOE. There will be a series of defections of MPs from UCD, who will leave the Joint Group, making it the third group of the House when he was a minority group. For the Government, these defections would be vital, they did not know who they were going to support in a vote in Congress.
• ETA terrorism. Terrorism rages with kidnappings, bombings, murders …, which in addition to undermine the government, undermines the society, and that Spanish society was a society at that time in transit, which had not yet acquired the constitutional values, with which society begins to question whether democracy is the solution to problems.

Knowing this, the PSOE proposes a motion of censure against the government, knowing he was going to lose, since it had an absolute majority, but it would on the one hand, to present to the public a good parliamentary well prepared and Felipe Gonzalez, on the other hand, a credible government program that does not scare, although the PSOE was frowned on by society.

Finally, in January 1981, Adolfo Suarez and resign on 23 February of that year when it is proceeding with the inauguration of Adolfo Suárez substitute, there is a coup. This coup was made by soldiers who longed for the Franco regime, but only for these also critical issue of terrorism and regional level. The coup will be slowed by the King. It will then be elected President Leopoldo Calvo Sotelo, for only 1 year, which enters EEC. Finally, as the situation continued, Calvo Sotelo dissolved the Parliament and in 1982 new elections.

• Mutations of the party system in the elections of 1982 and 2000.

In these elections the PSOE and UCD win is swept, leaving only 2 members. The PSOE would wipe out 210 seats. Change the political system because there would be a dominant party. In the first two legislatures, the PSOE obtained absolute majority and has almost no opposition.

The first term of the socialist government is more positive because the Constitution sets up and throws everything what was called the “Restructuring”, which was a change of economic model that tries to give a new look to certain sectors that could be maintained. This Restructuring faced great social and political cost could carry and get out gracefully, as when a leftist party, the unions did not put any fault, which would be essential to have the support of society.

In 1986 the PSOE won again with an absolute majority. In 90 also, but with fewer votes and in 1993 wins, but without an absolute majority, but with the support of CIU. In 1996, the PSOE lost the elections. The big problem of corruption would PSOE (financing illegal appropriation of public funds, GAL …). The opposition Socialist government will not be until 1992 / 3, People’s Alliance became the Popular Party, Jose Maria Aznar to the head. Then begins a real opposition to the Government, which is in 1995, municipal and regional elections. The People’s Party would take a large number of voters.

12/01/10

SECOND SEMESTER. 2010

LESSON 7. The 1978 Constitution and constitutional principles

1. STRUCTURE, CHARACTERISTICS AND INFLUENCES OF THE CONSTITUTION

The text consists of 179 articles, 4 additions, 9 transitional provisions, a repeal provision and disposal, this gives us more 184 different provisions preamble.

-It is the longest of the Spanish Constitution, leaving aside the Constitution of Cadiz.

-It is a text of medium length, compared to other countries.

A short text. There is a lot of constitutional matters, meaning the structure of the various public authorities and relations between them and the relationships among those powers and citizens, which is not fully incorporated into the constitutional text. This is reported in addition to or development of the Constitution.

Generally the Constitution is a guarantee of making a pact between government and opposition to change it, but instead an ordinary law can be passed with a majority, a short text leaves the government an important part of constitutional matters.

A text is long. The longer a text, is most constitutional matters to be modified to require the agreement of the government and the opposition. The Spanish Constitution is of average length to long. It requires the guarantee of constitutional reform.

Los169 articles of the Constitution are divided into 10 titles and a preliminary title. These 10 titles have different length from each other.

Title I: consists of 45 items

Title II consists of 10 items

Title X consists of 4 items

The division of the Constitution or any rule of law in securities has no normative meaning, the value of a rule is not altered because it is contained in one title or another, unless the Constitution use a title or other object of specific regulation, nor is important that matters are dealt with in either place, the value is the same.

Therefore, the Constitution has 10 titles and a preliminary basis, some of them have several chapters.

Title I: 5 chapters

Title III: 3 chapters

Title VIII: 3 chapters

Others do not have chapter divisions. The first title one chapter is divided into two sections, Chapter I of Title I, has two sections: the first law and public freedoms, rights and duties of second citizens.

The grouping of subjects into titles, chapters, sections, is a mechanism in which the legislator serves to show a systematic order to facilitate the search warrant. Within these, items may vary. Example, Art. 142 º has one paragraph and art. 149 º has 3 paragraphs of which one has 32 sections. The length of articles varies (the art. 149 º stretched and extended the Spanish Constitution and other countries).

This structure is important in one point: the Constitution uses the divisions with specific items to unify a special treatment of certain subjects.

Example: Chapter II, Title I rights and freedoms, the first section receives many referrals in the Constitution and the articles contained in this section are particularly subject to challenge or amparo, while others do not.

There are articles 167 º and 168 º: Constitutional reform is one way and another.

As for the content of the Constitution the doctrine considers 4 types: Principles, dogmatic part organic part and reform of the Constitution.

1 .- Principles on which organizes the Constitution more theoretical part of the C. including higher density value system that has the C. and serves as a perch for the different projections of organizations in the state apparatus.

2 .- Part dogmatic regulates rights and freedoms of citizens, starting with their own determination of who are citizens. This area is regulated in our C. in the first degree, is also regulated by Title VII.

3 .- Part organic, regulating the basic branches of state and relations between them: title second to ninth title.

4 .- Amendment of the Constitution, contained in Title X.

Not all constitutions have these 4 parts, the original American Constitution had no rights, was included after the call for amendments. Did not contain explicitly the principles of the C.

The more modern the Constitutions are more comprehensive in that they include all these matters. In addition to articles, sections, chapters and titles, at the end a number of provisions that have different names and unique content:

Transitional provisions: these are situations that are born before the development of C. and ending with the full implementation of C. For example, before the end of C. were formed around pre-autonomous entities called, history of the so-called Autonomous Communities. A transitional arrangement says about these pre-autonomous entities.

The transitional arrangement renew IX says as the first judges of the C.

Additional provisions governing matters that are not necessarily constitutional, however, have wanted to incorporate the text of the C. For example, the second additional provision says the declaration of majority is not detrimental to cases in which the provincial rights in the area of ​​D º private.

Disposal: refer to when it enters into force C. would be the date of publication of its official text in the Official Gazette.

When particular, specify the entry into force: 20 days, 1 m is 6 months.

Repeal: say what are the laws so far to be repealed. Value is removed upon entry into force of the C. This arrangement is relatively complex in C. however is simple:

1 .- The clause says, repealed all the fundamental laws of Franco. It says it in those terms, but the listing goes and mentions.

2 .- The clause says there is a law that considers the law called agreed to put an end to the Carlist wars. It is considered …..

3 .- The general clause says repealed all. Repealing Clause fairly easy to understand.

Influences on the drafting of the Constitution. No C. is done without regard to what has occurred in other countries. Our C. has a number of influences such as those that are most important: the 1958 French Constitution, the fundamental law of Bonn German Constitution (applied to the western side of Germany), the Italian Constitution of 1947. These are developed and adopted constitutions after the Second World War.

There are influences of previous Constitutions: C. Belgian, Dutch and Nordic countries (mainly the influence of the monarchy and the institution of the Ombudsman).

No influence of Anglo-Saxon Constitutions in the texts, that because legal systems are different from the legal systems of continental Europe, these are based on the application and interpretation of laws, rather Anglo-Saxon legal systems are based on precedents (common law).

As for C. Spanish, the most important influence is that of the second republic, which was present in some areas where it was higher than the current one.

2. THE CONSTITUTION AS A SYSTEM OF VALUES, institutional systems and regulatory systems.

C. Spanish is simultaneously three things: a value system, an institutional and regulatory system.

1 .- A system of values: those things or goods to whom an appreciation or recognition for the society and nation. All C. involves collecting a set of values ​​that attempts to present fairly linked together. These values ​​are to be found later in institutions that are developed through a series of legal rules. Therefore, when establishing an obligation in a legal rule, that requirement justifies the value of respect for society.

2 – An institutional system: the institutions are the world of law, which structures are in architecture. It is the institutions that produce and define rights law.

3 .- A regulatory system, because the matter falls under constitutional standards. C. is an ordered set of rules that has a pyramid shape, first is the C. Principle of hierarchy of norms.

3. Constitutional values ​​and principles. CONSTITUTION RULES AND NOMINAL.

The disparity between values ​​and sets of rules is what led to one of the constitutional theorists Loewenstein, who proposed distinction between the constitutions according to the consistency between values ​​and norms, there are 3 types of Constitutions: Regulations, and Nominal Semantics.

1. Constitution Regulations. It is that which governs the social order with consistent standards of society, which reflects the values ​​of the Constitution, so you can learn the principles and characteristics of the state organization.

2. Nominal Constitution. It is one that establishes the principles that a country seeks to achieve in the future, but not present at the time of its preparation. When studying a C. nominal can not be perceived as the political organization of a country, but as is the organization that aspires.

Loewenstein gives the example to distinguish between C. rules and nominal constitution as the law is tailor-made suit fits you and therefore, a C. crecedero nominal suit mothers who buy their children, that is, establishing a social dimension at the time and expect to start ….

3. Constitution semantics. Describe an organizational structure that has nothing to do with real life. Not that it is false or insufficient, but that is false now and always will be, because in reality the C. component is more propaganda than social order.

C. semantics, according to Loewenstein, a costume, never pretend to achieve, try to hide the political reality.

In this classification must take into account distinction between nominal and semantics, has an ideological component active.

It is preferable not to use the semantic distinction between nominal and disseminate all in nominal terms, so that will remain within constitutional norms.

The C. ratings do not exist in practice.

In fact for a C. be described as rules have to allow to apply the rules of the C. can answer basic questions relating to the community:

How to exercise power?

For whom must be exercised power?

What goals or objectives?

By what organizational structure?

How do you ensure the standards that respond to the Constitution?

Only when all answers are in C. said that the constitutional power given guidelines for developing C. and we may be being a C. regulations.

In C. Spanish, like all constitutions, we must look if these responses. C. Spanish is intended to make clear the values ​​on which it is based, because it arises in a country that has a long history with various incidents, including the Franco had institutions with the same name but different functions.

C. Spain’s start by defining that Spain is a social and democratic state of law, which holds as its national values ​​of equality, justice, freedom and political pluralism (art. 1).

These 4 values ​​are the box sets the conception of Western democracies, therefore, must see which is the projection of those values.

4. THE LIBERAL PRINCIPLE AND THE RULE OF LAW

A. How power is exercised. The term rule of law, comes to define the concept of power in the West. At the start of the transformation of states of the former regime in democratic states, power was attributed to a single institution was king. The king depended on the government and concentrated almost all political power.

During the seventeenth and eighteenth centuries, political thinking skills believed to be distributed among the king, government and parliament, attributing part of power each. The power was divided and we can talk about the expression of Montesquieu “Division of Powers.” The purpose of this division is not theoretical, is to allow citizens can feel confident you can do that all the powers are limited in their functions, so there should be a rule that out as a catalog of the institutions and of the powers of each institution and limit those powers with regard to their citizens. That was the community standard and it is called Constitution. Therefore, after the French revolution arises how to organize a C, which must be established division of powers and individual rights recognized. Kant calls it: the rule of law.

This means that no state agency that has more power than it has under the law, therefore, the People. In Spain during the Franco regime was organized by the State on the principles of unity of power and organization, which meant that all power was held by Franco, and therefore could collect all these powers. It recognizes some rights, but did not have sufficient security (outside the person).

So the C. Current Spanish art. 10 “the dignity, the inviolable rights which are inherent to the free development of personality are founded political … … ..”.

Fill in the art. 9.1 “Citizens and public authorities are bound to C. and the legal system. ” This is a rule of interpretation of public life: freedom as the highest value and, therefore, everything that is not expressly prohibited is permitted. Any rule restricting the rights must be narrowly construed. The power in the C. Spanish is limited and also have the general limit of not going beyond the basic rights. This is the rule of law and democratic state.

5. THE DEMOCRATIC PRINCIPLE

The state organization can depend on the community or someone who is outside. When the state organization depends on the community, it is said that we are in a democratic state. When the state organization is detached from the community, the power lies in an outsider to it, does not face a democratic state, may be a monarchy. When the power is vested in the community, lies in the set of citizens, not just one of them. The legal responsibility falls on all citizens who have full legal capacity. Example: being elderly and disabled.

The EC claims that National Sovereignty resides in the Spanish people, from which all branches of government (Art. 1.2 CE). Citizens have the right to participate in public affairs directly or through freely chosen representatives or by universal suffrage.

To enable citizens to participate effectively, recognize a range of rights that are aimed at possible participation: freedom of thought, freedom of ideology and religious freedom. It also protects the freedom to express thoughts freely through words, written or other means of reproduction (Article 20 EC), the C. The freedom to assemble peacefully and unarmed and do not need permission from anyone, although the communication whenever something big to avoid danger, but also recognizes the right of association, organized to act together with other like-minded people and pretend the same objectives as long as these associations do not have any paramilitary and use media as a crime (art. 22), this is accompanied by the solemn recognition that political parties are the key instrument for political participation (art. 6). Participation is divided into 3:

Direct participation: it means making a decision is made ​​with the participation of all.

Representative participation: means for making a decision must include representatives of all of all.

Direct participation: What is the problem? It is valid for a small set. Applied in Greece, small towns. Therefore, this method is not now possible. To enable the participation of all institutions are created. These institutions are classified into institutions or institutions of response initiative:

1. Institutions initiative. Initiative. Citizens can articulate a desire, an application and go collect the forms of ones and others that can be later converted into a standard.

2. Institutions to respond. Are essentially two:

a). The referendum: if a certain situation arises a standard and requires all citizens to say whether or not to accept.

b). option: it means to a particular circumstance is posed to the public consultation between several alternatives. Example: regulation of cinema, with assistance or without assistance.

The institutions of democracy response is not well represented in the world today. C. Spanish will pick up the popular initiative and referendum and even recognizes different types of referendum, yet very little is applied.

Example: Since we have the C. few have emerged from 20 years ago.

The referendum is a democratic value relative, the possible answers are very limited (yes / no). It is important that first of all as a possibility and should be combined in a previous meeting of the relevant representative institution where they have discussed the nuances.

In our legal system have recognized the popular initiative in the form of legislative initiative (art. 87 EC). This initiative requires at least 500,000 signatures to account credited the initiative. This rule is developed by the Organic Law 3 / 1984. The success has been minimal and has only come to exercise 3 times. 500,000 signatures are needed and ensure they are true and not false. In practice it is successful for the future.

There are forms of referendums in our Constitution:

1 .- Referendum matters of special importance: the art collection. Developed at 92 and 2 / 1980, is a paragraph of dubious value because it was not raised again.

2 .- Referendum on legislation and constitutional reform provides for a constitutional referendum at the end of the process required in the case of a total reform of the C. and optional if requested by one tenth of each of the cameras and other types of reform. It is also possible referendum on regional autonomy statutes related to, the provisions of art. 151 and collected in some of the autonomy statutes. Contemporary democracy where you live is a representative democracy, no one will discuss the democratic system in which there is a referendum, and no one will argue that representative democracy is representation by elected representatives in deliberative institutions.

They exist in all geographical areas. National representatives to the people (art. 166) and in the Autonomous Communities (art. 152) and municipalities (art. 141). The structure of these institutions is taken up in C. in the case of short, generic and Municipal Assemblies. This subject is developed in the Electoral System LO (LOREG) 5 / 1985 rule because it is very guarantor adaptation to C. RDL 1977 18 March, which regulates premium democratic elections. There was no general appeal. This rule was regulated in 1977, down well in the political forces, will also be used in general elections in 1979 and 1982 sirvería as a template for municipal elections of 1979 and 1983. The new law of 1985 (LOREG), is inspired by the first D.L. and aims to be the basic rule governing all elections. This Title I contains provisions common for elections by direct suffrage and the rest, the legal regulation of elections to Parliament, the City Council and the European Parliament, but instead does not understand all of the regulation of regional assemblies, CCAA since the election have been passing laws. This law, which has undergone many reforms (12 in total), no substantial changes regarding the scheme that was defined in 1985. Now it is considering changes, but in regard to the allocation of seats is not possible modification.

Interpretive guidelines of the principle of participation.

1 .- From the age of majority can not be limited to voting rights of Spanish nationals, except on grounds of disability established legamente. Therefore, any limitation set must be narrowly construed.

2 .- The persons entitled to participate are not citizens and political parties under the acronym compete in elections. This is important in art. 67.2 prescribing that the deputies and senators are not subject to any imperative mandate (initially talked about and has been overtaken by events). Currently there are no mandates for citizens, but what about the mandates they receive from political parties? After the first attempt to change, initially interpreted the Communist Party deputies that were limited by the instructions of his party. The Constitutional Court issued two rulings of 5 and 3 / 1983 and they said they were the representatives and not the party who received the representative mandate and therefore the termination by those who came to display it under the franchise, not may simply depend on the will of the party.

6. THE BEGINNING SOCIAL

B. For which power is exercised. C. reflected in his art. 1, Spain is a social state of law and this expression is responsive to what for power is exercised? At the beginning of constitutionalism is understood that the State had a very limited purposes, primarily for police or judges resolve conflicts between citizens. At this time the talk of the police state (police), the State was limited only to resolve conflicts.

Since the mid-nineteenth century the state operates differently, many social conflicts occur because society was unjust and these situations give rise to criminal and certain crimes, so if the state imposes a greater control in society will decrease conflicts. The state abandons its position of passivity and begins to participate in working conditions, social resources redistributed to provide education and healthcare for those who can not afford it. For this reason the State establishes a tax system which raises funds to pay for the system of that society. The state absorbs a number of resources, taxes and returns to society.

The EC, after stating that it is a social state of law, develops this idea in the art. 9.2 (corresponding to the public authorities to ensure that equality and freedom are real and effective and to remove …), when he speaks of state interventionism. You have to see how this principle is developed in the rest of the C.

At the time of the preparation of the C. there were two major trends in the tendency of the state to society:

1 .- The positions of the left, ensuring that the C. ensure the possibility of state intervention in society.

2 .- The right-wing positions, ensuring at least the right of ownership.

In view of which were collected both in separate articles:

On the one hand art. 31 EC stated that “all contribute to sustain public expenditure according to the fair tax system, based on the principles of equality and progressive, and other precepts.”

The right to private property and inheritance, art. 33 EC. States that have social function must be defined in accordance with the laws. This is not totally protected, but establishing an alternative service in case of expropriation for the common good. Example: construction of roads, inheritance

It boils down to the arts. 128 and 131. The 128 states that all the wealth of the country is subject … and 131 said that the State by law may …

The issue of planning is what shaped the myth of the left, planning is essential. In fact there are 2 types of planning:

1. Planning binding: consists of laying down a series of economic targets in different sectors and assigned to a target existing businesses in the sector has been applied. This sets how the Soviet state planning where the factories were assigned a production target. and there were penalties for not meeting the goals. Against this was set to p. indicative.

2. Indicative Planning: What part of setting production targets, but for businesses was not required to meet that goal, but there are incentives to engage in fulfilling it. Example: the company is installed on a site, not pay taxes. It is not mandatory for anyone planning to meet, but they get benefits which follow.

In Spain the planning that takes the Constitution as possible, indicative planning and not mandatory (binding). The planning has not been applied broadly, rather than on particular companies and industrial estates.

In Spain there was precedent for the last 20 years of Franco, as development plans, which was an example of the indicative plan that served to develop in certain regions. This means that we had:

a). Planning a defense

b). Planning for the possibility of state intervention in one way or another.

These 2 art. articulate how to say it will mean that their subjects have … with the possibility of intervention by a state public sector. So we can look at 3 areas in which this coexistence is established in the Constitution.

Education: where the art. 27 provides that everyone has the right to education and recognizes the freedom of education, for it recognizes individuals and legal entities, educational establishments and on the other hand, the public authorities guarantee the right of their children attend religious education free.

That is, this article means that the government needs to build a comprehensive network of schools to teach for free free education but also people and institutions can create their own schools in accordance with certain principles specified in a program at each center.In practice, according to government guidance, private network development will be more or less comprehensive and moreover, the network of public centers covering the entire school population. In practice, there will be areas in which schools and public places are duplicated and if it came to an agreement between the parties of the left and right you can get a deal that saves number of centers.

– When the right rules tends to help private schools, higher education agreed, in exchange for compliance with requirements established by the administration, the state pays for teachers like theirs.

– When the left tends to harden governs the requirements for giving educational concerts are requested by schools.

The UCD Center developed the statutes, the Socialists began to hinder concerts, until there was a demonstration, this makes the pact with the Church Ministry to arrange with private schools, almost all teaching is concerted. You can not prevent private and public schools there. This matter is influenced by this situation since the beginning of democracy.

Social Security: Understanding the payment of retirement pensions and disability, has been producing a similar phenomenon. The social security arises initially as a public safety, however, slowly begins to take shape as a private social security for grabs. This is because the state will impose limitations on the maximum amount of pension given this problem for years allowed the so-called pension plans (saving) for retirement. The State establishes bonuses for their pension plans, which makes you have less difficulties and balance.

Health: something similar happens in the previous case. There must be a public health through the network of centers and with this there is a healthcare private individuals paid by monthly contribution systems but not in use. Example: Sanitas, Adeslas. Public health seeks to develop public schools. The left wants a stake in all public sectors, while the right tends to be privatized, as it is a governance and face.

In Madrid there are more private healthcare. The Constitution balances the things you can do and allows the parties to the position they may have.

7. The parliamentary principle. Parliamentary monarchy.

The principle of art. 1.3. The political form of the Spanish State is the parliamentary monarchy.

When speaking of talk of a monarchy form of political organization in which a family takes the head of state. The monarchy required the institution of the crown, which is the name designating the ruling dynasty, when it is transmitted through the family is said to monarchy (this was the Visigoths who was elected). The monarchy and establishes the crown is passed down from member to member.

The English have a tradition in the monarchy, say that is a corporation, all members form the corporation and only one has the power.

The monarchy has been configured in 3 ways (according to the adjective qualifying the monarchy)

a). absolute monarchy is one in which power belongs to the King and the government named among those who seem most appropriate.

b). constitutional monarchy, is one in which there is a parliament, some courts, with which the King pacta laws and appoints a government between those who are the people you trust and have the confidence of the House.

c). parliamentary monarchy, is one in which power has been taken by parliament and although there are still a King, the government will be composed of those who would say the major political forces in parliament.

In a parliamentary monarchy, the King’s power is representative and not real or true power. In Spain in the nineteenth century there was continuous fighting between the parliament and the crown led to the doctrine of double confidence, leading to the King appoints whomever he wanted. Example: the interventions of Alfonso XIII.

When the transition begins, the concern of political forces is not whether or not the monarchy, but it was representative and had no major political powers. This resulted finally in the Constitution: the form of government is a parliamentary monarchy. The parliamentary makes C. focuses on 2 aspects:

– In the transition rules of the crown or who will take the crown.

– In the King’s powers that play (powers of the Crown)

About who occupies the crown, C. makes it a personal introduction to Don Juan Carlos I de Borbón, and his successor as the regular order of primogeniture and representation. That is, having several children and in turn, if possible some of them have other children, the succession to the crown will be done: first by offspring and representation (eldest son and heir), but this is to refine , saying that prevails previous line, next to the remote and the man before the woman.

The preference for males except on women. Possible reform of the Constitution.

There are regulations about possible intervention by the courts regarding the succession and it takes that royal marriages are approved by Parliament and parliaments; abdication and waivers must be approved also by the courts.

Also C. provides (Art. 59 and 60) the assumptions of the death of King being under age the heir in question:

a). Plano public: in its role as King, a minor heir will be a regent.

b). Personal Plano: property management, has to have a tutor.

C. states who will be the ruler and guardian in a process in which family succession and was understood as a private matter, it soon became a public concern. This was greater when the King had power and less important if the King had fewer powers.

The form of the Spanish State is the parliamentary monarchy. Therefore there will be two blocks of subjects that will be in the Constitution:

– The crown and its transmission

– Powers of the crown.

If the king dies and the heir is a minor. Regency and guardianship.

Acts of King and skills:

The starting point is established in art. 64, the principle that the acts of the King shall be countersigned by the President of the government and possibly by the competent ministers.

The endorsement means that the acts of the king are signed by the President or the Minister responsible, being responsible for the acts of the king as they say in the art. 64.2.

This is due to art. 56.3 says that the “person” of the king is inviolable and not subject to liability.

Without the endorsement of the king acts are void, except as provided in Art. 65.2.

The inviolability means that you can not prosecute. The immunity is not only unique to the king, also occurs in the Cortes, TC.

The enumeration of the powers of the King are in the arts. 62 and 63.

– Approve and promulgate laws, Art. 91, the King shall, within 15 days … All the king’s powers are usually locked by another constitutional act.

– Dissolve and convene the Cortes, the terms provided in the Constitution.

Article 65.2, the King freely appoints and dismisses civil and military members of his house.

Article 65.1 of freely distributed home budgets, the amount being set in the general budget.

The pattern of interpretation that is the principle of parliamentary democracy is that the king must act in the manner ordered by the Constitution.

8. THE PRINCIPLE OF REGIONAL STATE ORGANIZATION.

This is a part of liberal principle, this response from which governs. Historically the state was understood to be a unitary and hierarchical organization: King, Government, administration … However in the late eighteenth century in the English colonies in North America, began to develop a different kind of organization, when the colonies decided to create an organization to place over them maintaining their own rules, which may be different from one colony to another, attributed only to the federation’s ability to issue rules on certain matters that should satisfy everyone, in practice there are two levels of standards , those from the federation and the colonies (states), only applicable in each.

In the United States initially attributed powers to the federation were quite a few, or those that were unquestionably common to the different states, for example: The defense. Matters relating to trade, from e to transport.

But there was a residual clause of great importance, subjects were not specifically attributed to one or the other would be assigned to the federation, did not know that progress would determine matters very large (aviation, internet, communications, etc.). This has given many matters to the federal administration.

Arrives in Europe in the nineteenth century, states that the unitary state organization was public or that the powers were distributed among several entities territorial basis.

The choice between a unitary or a federal lively arises when creating a constitution.

Spain has traveled throughout the history of several models under the government, the drafting of our Constitution, the Catalan and Basque political forces advocate a constitutional concept that allowed self-government or have a particular order, the rest regions seen in this pursuit of a quest for privileges particularism, thus being the other regions also claim their own government. At that time neither the PSOE UCD or have enough control over its members to impose a point of view, attempts to resolve the possible conflict through Decree will create pre-autonomous entities, through which recreates theGeneralitat in Catalonia and the Basque country. The pressure of local elites from the rest of Spain, he ends up doing that while the constitution is being drafted decrees are approved, other bodies creating pre-autonomous, whereas at the end of the C. almost all the national territory was divided into pre-autonomous entities.

To set the powers of these bodies is the most difficult question raised in the drafting of the Constitution and the worst was resolved.

In all states there:

– The first level is the municipality: small town with its territories governed by more authors.

– Second level are the provinces wider areas comprising several municipalities in a coordinating role in matters common to the municipalities.

– Third level of regions or federal states, with functions that take state and coordinate with the provinces.

The organization of a State between unitary state or federal, has more to do with how they ensure the competencies they have each other and how appointing the leaders and rulers of that territory.

In general, one can say that a centralized state, the determination of the existing municipalities and provinces may be established by state law. Just so, the modification can be done by the same law without the intervention of the municipalities or provinces to respect.

Delimitation of regions and the accession of the new, must be vested or accepted by the State through legislation.

A Federation: from the anterior optic is a decentralized state in which the guarantee of this decentralization is constitutionally permitted, so as not to centralize powers without bodies, involved children. Government authorities are imposed by the State in cases of highly centralized states, while in decentralized states will be chosen by the people. In our history, the most common model was a decentralized model.

Title VIII of the EC, which is the development of art. 2 thereof, is by far the worst title of all C. This article, after a long struggle during the development of C. says “C. is based on the indissoluble unity of the Spanish nation and …. ” As a result, Title VIII is called the territorial organization of the state.

Title VIII of the territorial organization of the state.

The State is organized territorially into municipalities, provinces and autonomous communities that constitute. All these entities enjoy autonomy for the management of their interests.

The definition of local government (Articles 140 to 142) is quite simple. It guarantees the autonomy of municipalities and provinces and both will be governed by bodies representative character.

The regions are not defined in the EC itself must be inferred from the arts. 2, 143 and 144.

The Autonomous Communities, local authorities are based on neighboring provinces that have common characteristics (cultural, social, territorial, etc.).. His appearance in the Constitution comes from the Catalans and Basques demand and therefore the other, assuming that autonomy was a source of privilege.Following the 1977 elections there is a mobilization of people in most of the provinces demanding autonomy statutes. The problem comes when it comes to how to distribute the Communities. These communities are not listed but it creates a procedure for provinces to decide whether or not to join and if they want, what community they want to do. Copy the proceedings of the Second Republic (corresponding to the Provincial Council or inter-organ competition or 2 / 3 of the population). Once solved the problem of who were to join, see the skills of how they were going to do. Between UCD and PSOE creates a system of 2 levels:

– A higher level to assume all the powers were transferred.

– A level less than assumed less competition, at least initially.

The intention was to reserve the highest level for Catalonia, Galicia and the Basque country and the other on the lower level. But in this time of transition, the parties did not have a rigid enough structure to control members of their parties throughout, so that eventually, every community wanted to aspire to higher level skills. There was a period of discussion and what was decided was that communities would be a higher level of skills, a statute that had developed during the Second Republic. But it opened the way to achieve this level of autonomy to those communities that opt ​​for this option with an agreement between a larger number of municipalities in favor. Were needed 3 / 4 parts of municipalities to seek autonomy and a referendum was also necessary. Here PSOE played a key role in that Andalusia could also have this level. The UCD gave grudgingly and organize a referendum question that was very complicated to understand by voters. Finally wipe the SI of the Andalusians, except in Almeria, but later would change the law so that eventually got autonomy. So join Andalusia Catalonia, Basque Country and Galicia.

Federalism primitive (the U.S. Constitution) could be from 2 lists. The modern federalism represent a set of 3 plus the residual clause lists: powers of the federation of states integrated, shared and finally the residual clause as ever. There is still a third way to make more complex the deal is distinguishing between executive and legislative powers (about legislating and others are running).

Our Constitution states:

– Materials can assume the CCAA entirely, and implementing legislation on that topic. For example, art. 148.1.8 ª “forests and forestry.”

– Substances which entirely belongs to the state competition, for example international relations, defense and FAS.

– Matters pertaining to the State but in which regional governments can intervene in part, for example: sea fishing.

– Subjects not assumed by the statutes of autonomy (residual clause) that corresponds to the state.

These possibilities of distribution of powers, in reality mean that the powers of regional governments are established in the statutes of autonomy.

The statutes of autonomy are standards developed by the Courts or approved by the Cortes, which are a kind of mini Constitution of the Autonomous Region, which includes the name of the CCAA, territory, organization, locations, skills … The reform of the statutes must be set to say in it. In practice, all regions set out in its statute, the reform of the statute as a bill initiated in the CCAA itself then be approved by the cameras.

The powers of the CCAA may be increased by transfer laws (Article 150 EC) competition rules state, according to which the courts can assign, transfer or delegate to the CCAA matters of state ownership.

A CCAA may have powers of 2 types, undertaken on its own statutes, which can not be withdrawn if they agree initially and powers transferred to them the state, which can lead to withdrawal of the state will pro. The different types of ACs are divided into:

Ordinary autonomous communities. Having only the powers set out in art. 148 CE and which have been assumed by the respective statutes of autonomy.

Historical regional communities. (Catalonia, Basque Country, Galicia and Andalusia). They have the powers to include in their statutes, in addition to the 148 and some powers of art. 149 that support the development of complementary legislation by the CCAA.

Peculiar regional communities. Communities ordinary range by an act of transfer will be given materials that had the largest of its status (Valencia and Canary Islands).

The problem appears in paragraph 2 of art. 148 “after 5 years, and by reforming their statutes … The CCAA after 5 years could change its charter to assume powers of art. 149, ie, all regions can amend its statutes to approach the larger communities or history. From this comes the problem of extending the powers of the regions.

Between 1992 and 1994, is a process of enlarging the powers of the smaller communities, a process that has 2 movements:

1 .- State transferred a number of skills

2 .- The community assemblies approve an amendment to statutes to incorporate these newly transferred competencies.

Are decreased and the differences between communities. Between 1996 and 1999 re-do the same extending more powers. The result is that the powers vested in the CCAA were equal, regardless of whether large or small.

Then in Catalonia and the Basque country starts a process to go further and extend their skills in a new statute. Since 2004 a new process to gain more skills in their statutes. This problem comes up today with the statute.

The problem stems from the transfer of powers is that to cover such skills are needed and the media means, both technical and personal, are very expensive. The communities are financed by funds the state gives them. Since 1978 until today, the number of staff has increased by 3, with all the expense that entails. (Material resources: buildings, cars, plants …). Actually it was assumed that the CCAA were all to respect everything that they were the guidelines and standards and therefore the obligations under the Constitution for the government, but anyway, and just in case, establishing the art. 153 EC says that the control authority of the CCAA will be exercised by the Constitutional Court, the government, jurisdiction and the Court of Auditors, and in any case if a CCAA does not meet the government requirement prior to the President CCAA may take the necessary measures to enforce these standards. We say that all the principles that the EC is making rules except at the point of the state organization that makes rules.

Watch 15/02

LESSON VIII. CONSTITUTIONAL BODIES AND STRUCTURE OF THE COURTS

• STRUCTURE AS BODIES OF THE STATE. THE DEFINITION OF BODIES AND THEIR CAPACITY.

The State (not a metaphysical entity, mythological) is an organization that has been created by citizens to obtain ends that are considered valuable.

When we say that the state is an organization, a precision that has overcome the first conceptions of the state.

For the first time in the nineteenth century view that the State is a huge body, “a giant” and persons acting on its behalf, the organs:

– The army would be the arms of the body;

– The organization of the tax the digestive system

– The Ministry of Foreign Affairs is as the nose, according to a German author.

This is now something funny is a lisp that as the state, yet uses the term organ, not an organization but an organization.

The organs are part of an organization, therefore, State agencies are those who can make certain decisions on behalf of the State, whatever the people, not all acts are charged to the state, but only a few so that delineates is the activity that can be attributed to the State and then decide what are the people who charged that activity to the state.

The content of the activity attributable to the State is the ability of that body, and that capacity in the state law is called competition.

Any act that may be attributable to the State has to be within the competence of that body, if it acts outside of that jurisdiction the act is void or voidable, it may challenge the validity of the act.

The bodies may have quite different structures, there are built by one person or several:

1 .- bodies composed of one person, are single or simple. You can only make a will, a person charged with his acts to the organ.

2 .- bodies composed of several people: multi-person or college. When are schools there are problems, we must see as it reduces the willingness of each one of the people of the college to form a joint will. We need a procedure to reduce potential wills to a single person, this is called a determination of the majority.

Majority. The percentage or number of components in a collegiate body has to intervene in the same sense to say that the will of the organ. This majority varies, we have simple majority or qualified majority.

a). Simple majority: it is one in which events are counted only in favor than those seen against, but fit abstentions.

b). Reinforced majority, is one in which the audience takes a percentage of the members of the majority to exist. The simplest is an absolute majority, they have to vote for more than half of the members of the organ. When an absolute majority of eliminating the ambiguities that are not for or against but who abstain.

In a majority is needed to reach a high percentage.

In a simple majority abstention is a valid position.

2. Constitutional organs. STATE BODIES AND POWERS

In constitutional law there are bodies of all types:

1. Simple bodies: President of the government (one person)

2. Complex organs: those corporate bodies which can only be a will, a court has a majority to act.

3. Supercomplexity Organs: The organs within other bodies: Parliament, the Courts have a will and within it stands the will of the: Congress or the Senate and in Congress: House or Committees.

The organs can be permanent or temporary:

a). Safety Commission: it is there forever. Example: Parliament.

b). Bodies temporary: it is there only for a period of time or while attending an event. Example: A commission of inquiry, there is only an investigation and a maximum time determined to lead the investigation.

Who occupies the organs? The bodies are occupied by incumbents. The ownership can be can be limited or unlimited time.

a). Ownership unlimited: the prototype is the King, no default is undetermined.

b). Ownership limited: most organisms have a limited ownership. Example: Parliament tenure is 4 years, and then proceeds to the renovation of the House.

How do I get the title?:

Elected bodies: those whose owners are the result of an electoral process, which gathers a group of people to choose who will be holders of that body.

Designated bodies: those whose determination is made ​​by other body. Example: to Congress, are members of an election. For the Constitutional Court, the owners (members) are those that designate the parliament, government and other organs.

Depending on the jurisdiction of the court distinguished:

1. Type of material referred to, organs whose expertise is surveillance, transport, education.

2. Type of legal role to play: there are bodies performing work standards development, application functions of existing standards, conflict resolution functions resulting in the application of the rules, ie bodies: the Legislative, Executive and Judicial .

The bodies are always created by a rule even if it has different rank.

There are rules created by the government (executive), others by Acts of Parliament and together as the body that created them has more or less competence or ability.

The bodies of most importance are those that are set high range that is the Constitution. Bodies in the Constitution are:

1. Bodies of constitutional significance: those created and designed in its basic features by C. because they refer to a type of activity considered important and exists in any case. Example: Council of State, Court of Auditors, the Ombudsman.

2. Constitutional bodies: those involved in delineating the form of government, which is the relationship between a few organs. A constitutional body also has a feature because it intervenes in the form of government, autonomous, regulates itself. Example: Parliament, the Cortes, the Government, the Crown, the governing bodies of the Judiciary: Judicial Council, Constitutional Court. Each of the constitutional authorities have attributed one of the legal functions of the State of main mode.

– The Courts: Legislative Function

– Government: Executive

– Crown: the role of mediation and balance between government and parliament.

– General Council of Judicial Power: the role of government bodies involved in the judicial function.

– Constitutional Court: constitutional interpretation.

Special body, the electoral body: they are all citizens capable of voting, which are at some point those who choose to holders of certain organs (representative).

• LEGISLATIVE POWER AND FEATURES. Unicameral and bicameral.

Born as a consultative body of the King in the Middle Ages, to advise the king in those general terms that would give his subjects. The king assembled the Court on a point, the courts were debating which answer to the monarch on the subject and finally, the King accepted or rejected the resolution of the Cortes.

Here you can see the 3 key moments that occur in the development of a law, these 3 times still exists today:

Initiative: who is responsible for raising the issue.

Debate: how to make the adjustment.

Agreement of sanctions: compliance order that regulation.

In the medieval period the initiative belonged to the King, the debate was approved by the members of parliament and he decided whether to accept this approach, if we accept what punished and if not vetoed.

On this initial scheme, we would see how things have changed to this day:

1. Initiative. Today and in the Spanish case can be the King and his government, members of the chamber. United States (are presidential, not parliamentary) the president and his government have no ability to exercise the legislative initiative. At other times broke up the lead in the Napoleonic period there was a discussion of the initiative and the implementation of the initiative.

2. The debate. How is made ​​the development of the law, how is the legislative process, the country is as different types of legislative procedures depending on what you want to regulate.

3. Penalty. Today in Spain there is no right of veto, except you mean by it within 15 days remaining to the King to pass a law. In some countries with republican structure, the president can veto the bill in two ways:

• Devolution: he refuses to sanction a text developed by the courts and returns it to the camera so that you reconsider this, there may be the same or make changes. Depending on the country may or may not veto it again.
• Disposition: absolute veto, the head of state rejects the text drawn up and it means not going to pass in no time. (In USA)

Today the law and its development are no longer the main task of the parliament, only one of them is devoted to developing them. Despite this, the parliament is still necessary, since the meaning that has been extracted over the history of the role of parliament, is the function of exercising control over the government, facing the electorate (they have exist within parliament antigovernment groups ‘opposition’ and the public nature of what is decided at the camera).

Within this control function is a time that is usually at around 1930, at which point it is thought that one thing is that the parliament controls the government and another to prevent government that has been chosen. Parliament becomes a body with limited powers under the Constitution, had to prevent the parliament to exceed the powers have been attributed, this was done for two reasons:

1. The government has a majority in parliament and therefore can modify all the legislation to be breaking the balance organs.

2. That parliament does not leave any government rule.

So since the second world war, they appear in all jurisdictions of the courts figure constitutional for the government with a parliamentary majority can not affect the powers conferred by the Constitution.

Courts like any parliament, an institution of control, have a range that is regulated by the Constitution, Art. 66 EC is the first referred to the courts, we will explain its meaning … but in the end we find the expression that the courts are inviolable, a term hard time to understand. How can a college inviolable?, This means you can not commit crimes because there is some circumstance precluding criminal liability can not be subjected to criminal prosecution.

Members of the Parliament can not be subjected to criminal prosecution, so the courts have agreed. There is an important nuance, people who have drafted the rule, not be subject to criminal prosecution, but the standard if it is eliminated and the damage caused must be repaired.

This position of inviolability, means that members of the cameras have a special status, we speak of parliamentary privileges and other parliamentary prerogatives. These privileges are enshrined in art. 71 EC, refer to two points:

-Inviolability → freedom to speak, vote, decide (in the exercise of its functions)

-Immunity.Collection of art. 71.2 EC means that during its mandate deputies can only be processed in flagrante delicto and prior authorization of the respective courts or chambers. The immunity was freedom from arrest or molestation (privilege removal). When attempting to prosecute an elected official, must obtain permission from the camera, this authorization is requested by a procedural call request, which is a procedural item for which a court for authorization to initiate a certain action or continue the already started. In principle the camera has to decide, analyzing the reasons for the request, there political motivations, there are such camera denies the request, and if not there should facilitate the process moving forward. In theory, in England when the parliament failed to be, legal proceedings be initiated against him had intended, they may continue, ie, interrupted the limitation of actions. However, things were added. Into the French Revolution begins to think that the actions protected by immunity from criminal content or content also civil. Even the Franco regime recognized the peculiar immunity practicing justice. What was practiced was an internal justice by calling for compensation.

The Constitution restores the principle of the request. When asked before the camera creates a special commission: the camera and status of the senators. During the 30 days called the parliamentary committee accepted and asked to make the demonstrations you see fit, then dictate a report which is submitted to the plenary and the plenary in secret session decide whether to grant the request. In the event of no response in 60 days, the request was rejected. However it has been an issue that has been bounded, are now required to argue why the camera refuses the request. (In practice only exposed an opinion, but not necessarily … such requests must be justified).

• The Parliament in the current constitution. CONGRESS AND SENATE

SENATE

Courts have a structure that is divided into 2 chambers, art. 66 ° EC states that the Parliament represents …. and are formed by the Congress of Deputies and the Senate. The activity of the courts is contained in Title III, divided into chapters.

Although the courts are organized into two chambers, the first principle is that no one can be a member of the 2 cameras simultaneously, the reason for this is that the 2 cameras running simultaneously, and therefore if you attend one, you can not attend the another.

In reality the concept of representation of each camera is different, yet each house is different from the other, there are things in principle to jointly (but very few), but most are done separately. Often activities that relate to the monarchy, such as approving royal marriage among others.

Each camera has its own rules. The House of Representatives stated in the regulation of 24 February 1982 (the early transition between the interim regulations set UCD and the PSOE, which were later amended in part).

In turn, the Senate has another regulation is May 26, 1982, which was also amended and has resulted in a consolidated text.

Theoretically there should be a regulation of the Parliament, but in practice does not exist, probably because it is actually very little joint activity they may have.

However, there is a special regulation that is the Statute of the Parliament, which regulates the standard of officials of the Cortes, which although intended in either House, they belong to both.

Each of the chambers has a different structure:

Art. 68 refers to the Congress of Deputies and the art. 69 refers to the Senate.

CONGRESS

It is the chamber representing the people and consists of 300 to 400 deputies elected by universal suffrage, free, equal and secret, regulated by the Organic Law of Electoral System (LOREG).

The LOREG is a law that has been the result of a modification of the original decree-law that amended the 1977 elections. They created a rigid schedule to ensure the accuracy of the results. However, modifications have been done (15 or so, were the requirements, criteria and other changes). There was no change in the type of electoral system is established. (Today is together a subcommittee to study the reform of the Constitution).

Congress consists of 350 deputies according LOREG (Article 68.1 EC #) same figure contained in the Royal Decree of 1977 (which says that lie is the major shortcomings of the law).

Art. 68.2 º “The constituency is the province ….” 2 was chosen because they were the least provincial.

Art. 68.3 º “that the election …”

Proportional representation is the different candidates. In order to practice this means that each district must have 7 seats to be filled.

The 350 deputies who says the art. EC 168 will be distributed by allocating and distributing minimal representation in proportion to each district. For example if you have 50 provinces, real options are limited to 1 or 2 seats. In case it was 1 seat, 350 will be 298 …..

It was decided that 2 seats were the least provincial, because the biggest problem of our representation are the two strongest parties (occurs in 21 of the 50 came).

The number of electors in each province varies greatly. It took at least 2 provinces, 3 for the small provinces. Those with 3, 4 or 5 very difficult to play a proportional representation

The number of provinces that have 3, 4 or 5 members are almost half of the Spanish provinces.

Result is a representation of the 2 parties only stronger and this makes the level of composition of the camera talking about bipartisanship imperfect, this means that after the first election, voters calculating what is called the vote and therefore useful alter their fundamental preference for one of the major parties dislike least.

With this rule there are always two parties electoral majority in the chamber. There is an unequal distribution, if you begin to distribute the number of electors in a constituency by the number of seats there are huge differences, the vote of a citizen of Soria, Segovia, equivalent to a vote of 5 citizens of Madrid.

• THE PRINCIPLE OF ORGANIZATION AROUND THE PARLIAMENTARY GROUPS.

The legislature. It is the term of office of members of parliament, is at most 4 years from the date of the election, the Prime Minister actually may dissolve the Congress in advance (instead of 4 years may last 3 years), however, there is no prior the lapse of at least one year, unless the course has not been able to form a government.

When there is dissolution, elections will be held from 30 to 60 days (Article 68.6 EC #) and the elected Congress will be convened within 25 days after the elections.

They are voters and candidates, who are all Spanish citizens the full exercise of political rights: so are the Spanish adults with no disability policy. In practice it is one of the penalties imposed in criminal proceedings, every person has the right to be elected deputies.

The law recognizes the State shall facilitate the exercise of voting rights to the Spanish who are outside the territory of Spain. We have 2 different types:

1. Vote absentee, voting can be done by mail and ensure certainty of the vote.

2. Vote residing permanently outside, called the vote of the absent residents (Example: Lugo and Orense have more absentee ballots)

SENATE. According to art. 69 EC, is the chamber of territorial representation. (Also the Congress in a way it is because the deputies are elected in the territory of district).

The Senate is the chamber which represents the existing territories in the Spanish State. Title VIII of the EC, speaking of the territorial organization into municipalities, autonomous regions and regions that are formed. Territorial representation is any system that represents municipalities, autonomous regions, this is not true.

In practice the art. 69 EC says that the Senate, each province will elect 4 Senators by universal, free, equal and secret, regulated by the Organic Law of Electoral System (LOREG). The equality of the provinces senators is not quite complete, because the island provinces each island or group of islands with a constituency council for the purposes of Senators, Senators 3 corresponding to each of the major islands: Gran Canaria, Mallorca and Tenerife, and one senator to each of the smaller islands: Ibiza, Fuerte Ventura, Hierro, Lanzarote and La Palma, in total each of the 5 provinces elect senators.

The population of Ceuta and Melilla shall elect two senators. This refers to direct elections for each province, the electoral system to be applied to these senators, is a system that does not look like the Congress, although it produces similar results. Indeed, the Senate is elected by limited voting: each voter votes 3 ​​instead of 4 senators to be covered. The result is that virtually the 2 strongest parties in each province (electoral district) are going to get representation and no more.

In theory it could be otherwise because the Senate are ready to open lists, it means that each voter can go to compose a candidate for the choosing, so they are not required to vote a party, can vote each candidates of political parties (PSOE, PP and UCD).In the first election candidates doing propaganda presented to candidates from different lists. For example: List of female candidates, there were several women’s groups, no results. It was proven in practice that although the lists were opened the closed the electoral body, just voted for candidates on the nomination of a party. It also found:

1. To be able to give the certain result of the party with most votes, each party needed to submit three candidates for the Senate, because if they had 4, tie could occur with other parties. Even in subsequent reform was noted that only 3 candidates.

2. Many people have no idea who votes in the province, therefore, voted to 3 contained in the order they were.

3. Then the vote was uncertain, the parties could not guarantee who would be chosen.

If the number of votes is similar, are discounted ….

Overall, the voting system makes the results useful for the two major parties, is more pronounced in the Senate in Congress.

Alongside them are other senators who collects art. 69.5 EC says that the CCAA also designate one senator each and another for every million inhabitants in their respective territory. The appointment is for the Legislature or governing body, who assured the proper proportion. There are 57 senators who are elected by the Assemblies of the Autonomous Communities, they are no longer elected by the citizens, but by indirect vote by the Assembly, this makes the Senate is not elected directly, it is only 4 / 5 parts per citizens (in part). This feature will be indirectly elected, in part explains that the Senate will be a camera with less political weight than Congress.

General elections to the Senate agree with the general elections of the Chamber of Deputies for a term of 4 years. Senators elected by the Assemblies of the Autonomous Communities, after it has been in the community elections, elections that do not necessarily coincide with the date of general elections. Therefore, the Senators will continue until new elections in the autonomous communities, irrespective of when they are general elections.

Bicameral. It is said that a bicameral parliament is given full when the powers of both chambers are equal, at least in one matter, which is legislative.

• RELATIONS BETWEEN THE CAMERAS: Bicameral COMPLETE AND ATTENUATED

When a camera has fewer powers than another or has a lower level of representation in each of its members, we are before an incomplete bicameralism or attenuated.

When the cameras have the same level of representation in all its members, all directly elected, although it was by different methods. The trend is the complete bicameralism.

Our Parliament is a bicameral highly attenuated, 80% of its members are directly elected, 20% are also elected, although they are indirectly. However, the powers of Congress are superior to the Senate. Art. 66 EC, the functions of Parliament are divided into legislative, budgetary and control.

• THE PRINCIPLE OF ORGANIZATION BASED ON THE PARLIAMENTARY GROUPS.

Budget function: it is parallel to the legislative budgets are organized each year.

Legislative functions: The development of a bill in Congress takes place and when finished, it passes the Senate. Taking into account the order of their importance:

– The Chamber is involved in the first place, has a greater capacity in the modification of the project and the changes proposed in the original amendments are raised through at the moment.

– The Chamber is involved in second place, can present its own amendments, however, there are issues that have already been discussed in Congress, refused or modified.

The Senate has more than 2 months time to process of law.

Congress has an average of 6 months in each bill for processing.

The only project that is processed faster is the Budget Law has a special procedure.

Thus the legislative powers of Congress are more than the Senate.

Control function: control of the government, we must distinguish between:

– Simple control Acts: seeking information from members, is done in both chambers.

– Acts of government formation and termination: only occurs in Congress.

To be proclaimed president is required investiture procedure, which is only in Congress.

By the end of President, It takes the motion of censure, which occurs only in Congress, the Senate is not involved.

This being so, the power imbalance is very large, we wonder what it is for the Senate “can not very well give an answer.” The constituent power thought the Senate was to represent the CCAA, but at first it was not known how many CCAA going to be and was not completed to define the mechanism of representation in the Senate. This is the problem of the Senate since the beginning of the 1978 constitution.

Control of delegated functions. Only Congress and the Senate.

The two chambers are organized similarly, are both elective office, though in various ways, but in either case Who represents the provinces or population?

Article 67 EC states, members of Parliament shall not be bound by any imperative mandate.

The mandate. It’s something old in the organization of parliaments. It was established that the King summoned to parliament as representatives of the cities and they elected their representatives. When developing the Constitution, what we want is a representative mandate, for it is said that MPs are not subject to imperative mandate. However, in reality, the deputies and senators in Spain are not elected by his personal qualities, but for having been nominated by a political party. Thus, the party instructing its MPs how they must vote in every circumstance.

The vote has come to bring before the Constitutional Court for violating art. 67.2 and it says that one thing is that part of the instruction and a parliamentary vote is that what is said at the time of voting.

The MP is presented in the lists of a party, which then pays the campaign representative. The parliament is organized according to games. The parliament is the group of parliamentarians who are elected by each political group. The organization of the chambers there are a number of organs: Commissions, papers. Management body: Bureau of the camera, Board spokespersons. All are organized into political groups. The important thing is how many commission members from each party there (must be 10), meet various commissions at the same time. Not every party represented is entitled to represent in Congress, in fact need a minimum number of members.

The Rules of Congress states that to constitute a parliamentary numbers must have a number of seats not less than 15, also recognizes that a smaller number may form a parliamentary group, provided they have at least 5 seats and a minimum 15% of the votes in the constituencies of the choices presented or 5% in the national assembly. Do not allow a majority party to form various parliamentary groups and the same applies when a party is a coalition of many, that after the elections, can only form a group when presented as one. In practice groups that have problems are the PSOE and the PP.

Those who fail to form a parliamentary group, are integrated into the group called Mixed. This group is a kind of antigrupo as it is formed by parties which are not equal and are small. In all the legislatures has been a mixed group and even in this term, there are 2 mixed groups. Another provision in the Regulations which states that Members who are not members in either group may be associated preconstituted.

In principle, it was considered possible that a parliamentarian was elected on an electoral list outside their own party (especially if pro-independence). This makes these legislators sometimes prefer to negotiate with another party, and included in it, instead of going with the mixed group. This mixed group has internal rules, can be in it up to 3 different parties, therefore, interventions and time that corresponds to the mixed group, is to be divided between each party, which means that some parties raised go to stop to another group. So in this legislature is a mixed group consisting of 3 games and another formed by ERC and IU Republican. IU made a pact with the former. That there is more of a mixed group, is a kind of technical need to have the current parliament, because they work around the groups (agenda, fees, operations …). Then a deputy who is not in any group, could not intervene.

The configuration of the groups is rigid during a session so that if any MP wants to leave his parliamentary group, you can go to the mixed group. Only other game sessions may go to another faction.

Parliament has a term called major cycle (period of time between 2 general elections until the nineteenth century called Diputación). In the legislature there is normal operating period is what is known as session. Throughout the nineteenth century constitutions established two sessions, one in autumn (September to December) and one from January to June or July. In an out of these sessions, the activity of the Chamber is limited, it is said that these periods come from the nineteenth century.

A mid-twentieth century the concept of session begins to disappear. This does not mean that MPs are not vacations, but if for some reason the parliament has to meet, the vacation will be interrupted. In contrast, in Spain, the Franco session there, which is regulated in art. 73 EC, because Franco wanted the courts have limited power.

In Spain when you close the session, the functions of the Parliament are held by the Standing Committee. This is a committee that are present in some of the most important parliamentary each group. The Permanent Delegation is not in session continuously, it does when requested by the Government or 2 parliamentary groups and must have a predetermined agenda and limited, ie you can not get out of that agenda.

Through the Provincial Standing Committee, may convene the plenary. If the agenda is an important issue that has not been treated, you can try, but you have to call the corresponding organ.

The third cycle of operation is the parliamentary week, which is within the session. Cycles are more predictable because they are set in advance. The plenary has not met one week a month (the first week of March there is plenary). In the weeks that if the House meets, it usually does 3 days (Tuesday, Wednesday and Thursday) and every day has established a kind of program that will devote.

Tuesdays are usually seen the efforts of groups, whether legislative or political debate, and the days usually end up voting procedures. On Wednesday, however is the day of questioning and questions and also communications from the Government. Thursday was devoted to legislative debates (amendments to the bill, amendments from the Senate, etc.). And ends with voting.

On Monday and Friday, is that MPs must be in their constituencies. The other shifts are meeting fees.

LESSON IX. ELECTORAL SYSTEMS

• REPRESENTATION AND ELECTORAL SYSTEM. ELECTORAL LAW AND SCOPE.

How does one become a MP?

Concepts through which structured representation. The arts. 68 and 69, will tell us that in the conditions established by law. Art. 70 speech that there will be an electoral law that is 5 / 1985 called LOREG. This law has had 16 amendments so far, and is carrying out 1 or 2 more, but in practice the electoral system has not changed since the Royal Decree Law of 77 electoral rules.

The electoral law will refer to a set of principles that are valid for all elections of representative institutions, elections to the Congress and Senate, also the elections in municipalities and county councils and the European Parliament elections.

The only exception, but with nuances are the Autonomous Communities, as these may make rules for the election of assemblies completed form to the LOREG extra.

• ACTIVE electoral capacity. THE ELECTORAL. MEANING AND REQUIREMENTS.

Electoral capacity: the ability of a person to vote or be elected in most elections. The ability to choose is active and the capacity to be chosen passive.

C. LOREG says he will establish the grounds for ineligibility.

They can accommodate all Spanish adults who are not included in Art. 3 of LOREG (inability judicially established).

Besides being not excluded Spanish court, must be included in the census. In fact the census has a problem: Census definition art. LOREG 31 of the “List of people eligible to vote and not be deprived of suffrage.”

A good survey has to contain all those entitled to vote and be only entitled to vote.

The census is updated monthly (in practice even before).

In census is sorted by territorial sections, the starting point is the municipal, administrative relationship of all individuals who are residing in a municipality, this group of individuals from the municipal census, is distributed in groups of up to 2,000 people, who are sections of the so-called municipal census.

It is made by the municipalities, but is managed by the Office of the electorate, which depends on the National Statistics Institute (INE).

The control of the electoral roll is one of the concerns of the parties.

On each tab of the census will establish a series of data set by Royal Decree (age, sex, address, etc..) Access to all applications that will be present in the jurisdiction concerned.

This document is very valuable from the economic point of view (for advertising campaigns). The census should include all those entitled to vote, and it establishes a series of resources for those that do not appear in the census, and they can challenge their inclusion in the census, though it can get before the judge.

• LA passive electoral capacity. THE CAUSES AND ineligibility.

The passive electoral capacity, is entitled to vote, the right to be voted in more elections. They are passive electoral capacity: all Spanish adults who do not engage in a cause of ineligibility, these causes are established in the art. 70 EC and others that are in LOREG. The most important fact is that there are 2 types of ineligibility, the absolute and relative.

Ineligibility absolute impossibility of being elected in any constituency.

Ineligibility Relative inability to be elected in certain constituencies.

The absolute, applies to persons holding certain positions, from which could put pressure on voters to vote one way or another, the Constitution states:

– Component of the TC

– Senior officials of the State

– Judges and Prosecutors

– Military and police

– Members of election boards.

The relative are those that relate only to territory over which they have jurisdiction.

This ineligibility occurs from the date of submission of the application and lasts until the elections, being able to save by the leave in office at the time of submitting the application.

• APPLICATIONS. Filing system.

The right to stand or be elected, has a second step is to stand.

The nominations are the list of persons presented to the voters to be elected, the need for a candidate is greater the higher the electoral college.

There are several application presentation systems depending on the country and the election:

1 .- Presentation personal registration with the Electoral Office. Lest there be many places the requirement for a deposit to be forfeited if not get a certain number of votes (English system).

2 .- there are a number of voters that may be present (to present it with 500 or 1,000 signatures of the constituency). That is with less reputable firms but other deputies.

3 .- To be presented by political parties or electoral coalitions. This is the most common.

The Spanish system is in the art. 44 of the LOREG “parties can nominate candidates and federations of parties, electoral coalitions (several different parties presented a joint candidate) and finally also can present groups of voters, which operate by number of signatures of voters.”

• TYPES OF CANDIDACY AND ITS INFLUENCE ON POLITICAL RELATIONS.

Applicants can be:

Single-member: there is only one place to choose, each voter can only vote one person as a candidate.

Plurinominal: when there are several positions to cover the elections and therefore vote multiple names.

In turn, these applications can be:

Resolved: that the reader can only vote one of the names out there.

Closed or list: A list of candidates, these lists can be complete or incomplete. The complete must include as many names as seats to be filled and even a substitute, what is important is to consider the nominations list you have 3 zones, usually politicians are a priori even if citizens do not:

1. The emerging insurance

2. The candidacy if he does well can be chosen

3. Those who never go out (double play, big name but will not come out).

03/03/10

The type of application influences the political, the candidates generally tend to seek a single-member most active in managing his own candidacy, deep single-member applications appears with the name of the party in the constituency.

Applications multimember instead of throwing more people involved professionally in the party apparatus (professional politicians). The agent is presented in the application is different from single-member multi-member.

Which presents a multi-member list, the election campaign is financed by the party.

Which is presented to a single candidate list provides some of the cost of the campaign.

• MAJOR SYSTEMS: SETTINGS AND EFFECTS.

Electoral systems can be of different forms:

1. The majority system: they are generally systems that choose a single post, the nominal system, everyone takes the winner. The remaining votes were lost, does not produce results. Worn with single-member constituencies.

It has sought a different mechanism, one must have a majority of the votes, but mostly there will be a second round, to make things easier there were 2 candidates.

Has an impact on the majority system, produce a long-term bipartisanship, the phenomenon of useful vote.

In our system there is a majority effect. (IU voters vote for the likes less).

It is most clear in systems where there are 2 laps (French system par excellence), the first votes for the candidate most like not, the second round of the you want.

This affects those parties who can not agree with others. In practice occurs in municipalities and regions.

• Proportional systems: RATIO AND ELECTORAL DISTRIBUTION SYSTEM REMAINS.

2. The system Proportional representation is proposed that occur in each constituency is called a functional proportional system the better the larger the size of the constituency. This is represented in each district the relative weight that each candidate has. This is done in two movements:

a). Calculate the electoral quotient: the result of dividing the legal population of the district by the number of positions to be filled.

Example: 480,000 inhabitants to 8 positions to be filled.

to 480,000 / 8 = 60,000 (electoral quotient)

b). It will look at the votes that each candidate has obtained and divided by the electoral quotient.

We have only 8 and 3, to complete the 8, take into account the remaining higher would be the system remains the highest, making it easier for smaller parties.

Therefore:

Andrea Belgian mathematician. D’Hondt system

Provided for in art. 163 of the electoral law

Effects:

Maintaining a multiparty system. The Spanish, as a number of constituencies has only 4 seats to be filled, the system does not work. Then there is a bipartisan imperfect, incomplete (but other small parties).

08/03/10

• ELECTORAL BARRIERS

Along with regulation D-hont, implant electoral barriers. Minimum of votes necessary to take into account the party (about 3%).

In Congress, the choice is implemented by D’hont and 3% electoral barrier, this barrier can only be applied in large districts, this barrier decreases only parties winning representation barrier normally apply in Madrid, Barcelona, ​​Valencia .

LESSON X. ORGANIZATION OF THE ELECTION

• ELECTION ADMINISTRATION. Meaning and function.

Administrative apparatus necessary to conduct an election:

To be able to hold an election to set up a management need to address the proper conduct of elections.

Government not because it is what is at stake

Parties not because it is participatory

It creates a specific administration made by the Government as representing the parties: the electoral boards.

It aims to ensure the legality and transparency of elections and the principle of equality.

• THE ELECTORAL MANAGEMENT BODIES: THE ELECTORAL SYSTEM BOARDS

The electoral management boards consists of three levels:

– Central Electoral Board to nation

– Province provincial electoral boards

– Boards territory electoral area equivalent to a judicial district

All joints have a similar composition scheme, consisting of 2 categories of people:

1 .- Judges and magistrates

2 .- Professors of Law Schools, Political Science and Sociology.

There are a number of officials who carry the secretariat of the Board.

The central electoral board.

Comprised of 8 members who are judges of the Supreme Court, 5 vowels professors of political science, law or sociology, selected on the recommendation of the parties and the secretary is the secretary of the Congress of Deputies and a number of lawyers and court officials .

The judges are appointed by lot, and professors are elected by parties.

The provincial election boards.

They have less size, under the category of its members: 3 members of the Provincial Court for, appointed by lot (draw), 2 members including professors and residents in the province and the secretary is the respective audiences.

The area boards of elections.

3 members are judges at first instance and 2 or licensed teachers and secretaries of local councils will be involved.

The organization of the meetings are based on the level.

The central electoral board is permanent, while the provincial and temporal areas are from 3 days after splitting up to 100 days after the election.

The functions of the boards are interpreting the election law, is the replacement of the internal resources of the administration.

Alongside these meetings are census offices also have a pyramid structure but with fewer levels:

– Central Bureau of Census

– Census Provincial Delegations

The system of census offices but is framed in the national statistical system that depends on the administration, for the purposes of the census depends on the central electoral board.

There are more bodies to intervene in the elections, which are tables and electoral sections. Each jurisdiction is divided into sections that need to understand a number of electors greater than 500 and less than 2000.

These sections are fragmented among the various polling stations, tables are the place to deposit their votes.

The tables consist of a chairperson and 2 members who are appointed by lot. The president or voice is required.

We also sympathize with the controllers at the tables, which are persons appointed by the candidates who join the table for its duration, in order to express whether there is any problem with what is being done.

The proxy is a steering wheel controller, you can go from one table to another at any time (occurs when there are not enough auditors by number or by threats).

To take part in the election, candidates do need to have some representatives in turn, all candidates must have a general representative, is one that is empowered to act on behalf of the candidacy in Spain. There are also some representatives of district, while a general manager is appointed, take account of money received by each candidate and expenses. Also designate the trustees and auditors.

A large number of people involved in each election. Elections tend to be minimized, join with others to further minimize costs.

When elections are held, open period for nominations, publicizing candidates and programs.

The concern was at first the law was to minimize the inequalities between candidates, said a spending cap that can be performed, which involves conducting a thorough accounting of expenses and income.

• ELECTION CAMPAIGN. CONCEPT. CAMPAIGNS AND MEANS.

The campaign will consist of a series of public events or announcements that involve many costs, to reduce time is reduced campaign 3 weeks 15 days initially. It distinguishes between the campaign and the campaign official privately.

Official Campaign: set of media insertions or premises for meetings, which will be free, they are made ​​available by the State. It also makes a grant to print ballots and postage free.

Each year you set the amount of subsidies granted for 2008 11’5 million euros from national character (there are mechanisms for adjusting the amount that gives each party).

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• PUBLIC CAMPAIGN. MEDIA PUBLIC SPACES.

The question that the parties will get an amount of money for the votes they receive may be inadequate from the point of view to equate all parties. If you know that every vote you get you will make money, think that the campaign will have to pay before receiving the money from the vote because of this, the State anticipates 30% of the amount received Art the previous elections. 127 bis LOREG.

The candidates receive money not only for progress, but also credits in managing the funds they’re getting. In general, these amounts are insufficient and thus have to resort to direct funding.

• PRIVATE AND CAMPAIGN FINANCE ELECTION ISSUES

Law 8 / 2007 Financing of political parties, places limits on the contributions of individuals, these contributions may be up to 100,000 euros from companies when they are direct parties and 150keuros they are the foundations linked to you games. We also add to that the contributions of members.

The campaign will consist of a series of meetings in which the candidate presents his program.

• ELECTION POLLS

The last of the electoral propaganda tools are surveys, there is a ban on dissemination of surveys over the past 5 days, art. 69.7 LOREG.

This is because:

– The polls begin as an instrument of their own candidates to get their results.

– The citizen also wants to know how they will be the results.

It has been shown that there are 2 types of effects on voters:

1 .- Band wagon (carriage band) everyone is willing to come to the aid of the victor.

2 .- Under dog (poor dog) voter turnout embarrassment.

Has far more effect on the first type, the more security that you’re going to win, more people will vote. The party comes as the victor in the election campaign, wins with major differences. So the key is the start of the campaign is to win at first.

Surveys are a little confused, do sobe a given sample that requires many conditions have errors, also has much secrecy and attempt to deceive the interviewer.

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• ORGANIZATION OF THE VOTE. SECTIONS, TABLES, REPRESENTATIVES, AGENTS AND AUDITORS.

Act of voting. They begin with the constitution of the table. This table is at 08:00 am.

At the time of the constitution is when there are auditors of the various parties. The controller will add to the table during the time it is open day to be voted. Proxies are only at certain times.

Set up the table opens the vote and the votes begin to occur, each table has a box and must have several upcoming voting booth to choose the ballot people to vote secretly jealous of.

• The implementing rules of the election.

On the table are arranged several lists with the names of the voters concerned, there are 2 lists the members who run the table and then another list of auditors. The table is at 08: 30 am and it should be noted the people who compose it. Voting begins at 09:00 am, in the case that individual members have appeared on the table, then the Commissioner to delegate to assigned tables, handles communication between running for the alternate and if there is no alternate, the Board will raffle again.

Near the table, there should be another table where ballots will be deposited in the various applications. The ballots will have the same format approved by the Board for to ensure the secrecy of the vote, they can not bear any mark at the time of the vote.

Only come in the room interested in the electoral procedure. By the time people come to vote will come up with your ID and photo, to verify the accuracy of the identity of the person making the vow. If someone at the table are not sure of the identity of the person, raise the issue to the plenary of the table, who will decide the vote of the person concerned. The agreement will be passed to the table both as …

The vote can not be interrupted at any time and at noon it is over, and at 20:00 hours in the evening closes and begins counting. Before you start counting the president enters the ballot mailed ballots, checking voter names that correspond to the section.

During the vote of the members of the table writes down the names of voters and the other introduces a numbering. At the end you have to state the number of votes and the total number of votes, must equal the name of the list.

• THE VOTE ELECTION: SCRUTINY OF SECTION AND GENERAL.

The votes are classified as:

1 .- Blank Vote, ballots blank or empty.

2 .- Invalid ballots, those that do not contain ballots marked incorrectly or more than one, unless there is they have 2 ballots.

3 .- Valid votes.

Are counted the votes obtained by each candidate are recorded on the ballots that were contested by the board members or auditors, by the end of counting the ballots are destroyed.

• PROCLAMATION OF ELECTED AND RESOURCES.

With the voting record copies are made of which one gets to the court and another on the electoral zone. In the electoral area is where you place the count of different records.

1 .- Results of the Government issued to the elections office

2 .- Results of the data of the political parties to give their auditors.

The officer is the complete result.

At the time of the announcement of the result, it is the presentation of some resources, but has filed an appeal, there is the proclamation of results, and it begins the process of resource being resolved within 20 days. Once produced the declaration of a result.

The provincial electoral board issues a certificate to each of the elect, who then comes to the House concerned.

The process of constitution of the House: it has to occur from 21 days to allow resources to be resolved presented. In camera proceedings are classified in two ways:

Clean record, which is the proclamation of a candidate who has not been challenged.

Acta dirty, proclaims the candidate who has been challenged.

The Spanish system does not conflict. The resource system that exists entirely resolved before the courts.

The court attributed the acts to the various candidates.

ITEM XI. ORGANISATION OF THE PARLIAMENT.

• THE ORGANIZATIONAL STRUCTURE OF THE CAMERAS. TYPES OF BODIES

Organization of the House. The cameras are organized to function adequately to perform its functions, constitute a series of organs that are single and collegiate.

The bodies are of two types depending on the competition:

1. Management Bodies: they are what steers the work of the House.

2. Working bodies of the Chamber, are doing the phases of parliamentary procedure.

1. The governing bodies are:

Bodies presidency. There are 2 types:

a). Speaker of the House: The President is the representative body for the camera, directs discussions in plenary, heads the House Administration and resolves questions about the application of internal rules. There are several types of settings of the presidency.

• PRESIDENT AND OFFICERS.

British Presidency. In the English parliament from medieval period, the president was the person leading the discussion of the camera, the king moved the outcome of these discussions was the person speaking on behalf of the House.

In England called Mr. speack à speaking.

The English parliament elects a president by a unanimous vote.

It is a one-man performance is the most powerful in all parliaments, has a strong presidency. In general, in other presidencies débilesà parliaments are part of the functions of the President, is that queries a number of people elected by the members of the chamber around them forming an organ: the table. The Bureau comprising the President and other members elected by parliamentarians.

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Mesa. Presidency functions controlled by members of several parties.

In Spain, the Congress President is elected by the House by roll call, secret and must obtain an absolute majority of votes.

In the event, that did not get a second round is held to presenting the 2 that have received the most votes and this time is chosen at the most votes.

In Spain was never able to produce a confrontation, the President shall be the majority group, reaching abstaining or voting for the candidate of the majority group.

Actually think the president can abstain in the vote, but in practice it with your group rate, especially in the voting involved.

Features:

– Represent the camera

– Interpretation of Rules

– Conduct discussions

– Managing Payments

– Maintain good order

On the table are also deputy chairmen and secretaries.

French and Italian Parliaments include the figure of quaestor in charge of payments.

Vice-Presidents. 4 Congress, Senate à 2

Features:

– Replace the President in case of vacancy, absence or incapacity.

– Any other function assigned to them by the vice or table.

– Replaces the president acts of protocol and conduct of business.

Usually absent when the vice president is his party at that time.

The vice presidents of Congress are 4, and are elected by ballot and each member simultaneously puts a name and leave the 4 most votes, so get those elected representatives not only the majority group.

Secretaries. Are 4, are chosen in voting by ballot one by one name.

This model of voting for vice presidents and secretaries, you are looking to be represented at the table several groups.

The possible combinations, the most sought by the majority group is the one that gives an absolute majority September 5, then to get what it does is compromise with the minorities and ensuring that support the 5 members.

The functions of the table is listed in Art. 31 of the rules of Congress are apparently generic.

– Qualify documents

– To accept or not accept the documents

In Spain there quaestors, which are responsible for managing the parliamentary economic affairs of the camera in Spain, does a secretary of the board, usually the first (the majority party tries to become the first vice president and first secretary).

• BOARD OF SPEAKERS.

Board of Spokespersons. Consists of the Congress president, a vice president and secretary, the secretary general, the spokesmen of the different parliamentary groups and a representative government in general each of the speakers, go with a deputy speaker and so does the member government, which helps in the development of the meeting, the Board is a body that begins to appear in 1909 – 1910, are conditioned at the time of onset of parliamentary groups.

Throughout the nineteenth century had a series of decisions, which addressed issues that were to be discussed at each session, which initially were subjected to the approval of each house, had a preliminary discussion that lasted an hour debating what would be discussed. To save time, began using the Board spokespersons, deliberating in a restricted session on the agenda.

Each time there is a complicated effect on the whole, the President suspended the session convenes spokespersons and the problem is.

• COMMISSIONS. MEANING OF THE PERMANENT AND LEGISLATIVE COMISIONES.COMISIONES.

Working bodies of the camera. Basically are the committees that are full in small, are fully integrated by a number of parliamentarians distributed in proportion to the parliamentary groups have in full but in the framework of the commission is responsible for preparing materials for discussion in full although they can replace this in making some decisions.

They can be permanent or ongoing commissions and legislative committees or legislative.

Permanent: those that persist in all legislatures, but not change their committee members.

Legislative: those whose competence to exercise the functions of the full legislative and control.

They usually have a number of members is one-tenth of the full (35 – 40).

The commissions are composed of a number of representatives of each group is proportional to that in full. But it leaves some flexibility in the number.

Representatives of the commission in Spain are replaceable, if a group has 17 members, when voting should be 17 members, no matter who it is, seeks another for the full and you’re done.

The commission plays the organ chamber small: the commission has a president, elected by the members of the same, 2 vice presidents and two secretaries. Board also has its spokespersons.

The existing standing legislative committees in general reproduce the system of ministries, board of education, advocacy, promotion, etc.. By varying the structure at the same time varies the ministerial structure.

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There are 3 non-legislative standing committees:

The Rules Committee, which is prepared by any changes to House rules, which has a structure similar to that of other legislative committees, but is chaired by the Speaker of the House and members are part of the table.

The Commission on the Status of Deputies, which is studying issues relating primarily to immunity and incompatibility of parliamentarians.

The Petitions Committee: it will consider requests that citizens can lead the House.

These commissions are smaller than the other and consist of a President of the Chambers, currently 6 member; these 6 members of the President is the largest group, the second vice president and secretary of the party.

However having 6 members, you may incur that are not able to guarantee the rule of the majority, in view of this mechanism applies the weighted vote, each parliament when voting, your vote has the same value as the votes you have your group in the plenary.

Next to these committees there are other non-permanent committees created to perform a specific job and cease upon the job or at the end of the legislature.

They may be commissions of inquiry or study commissions or legislative (but not normal).

1. Commission of Inquiry, are investigating an issue raised by the House, its size is usually between, usually have 13 to 14 members and the criterion of weighted voting. The most important thing they have is their ability to call to testify to citizens who are not MPs or members of the administration, it has issued rules establishing mandatory appearance before the investigations, and rules to ensure that there are no costs citizens.

The commission is usually a time set by the House to do their jobs. At the end have to issue an opinion that will be discussed by the full House. Commissions of inquiry intended to produce a political truth that does not require courts to the judging. (The court seeking a judicial truth).

2 .- Study: created for information and develop a series of study papers.

They are also working bodies, although not exist in all cases, papers, composed of a number of members ranging around ten and composed of members of all groups in proportion to the House and serve to prepare themes for the Commission.

The papers are usually linked to the legislative process, study the amendments and the rules, and make assessments of the results which will later be discussed by the commission. The paper is a report that the starting point for discussion of the commission. (The papers are 3 of the PSOE, PP 2, and 1 other papers).

3 .- Legislative Commission: This proposal, called the report of the paper, the starting point for discussion by the Commission ….. papers are not normally vote, most of it assumes that there is a majority which states that the commission approved, however there are times that if you vote and applies the weighted vote.

Along with the presentations there other organs, similar in size, which are subcommittees: An organ that makes a report to the commission on a non-legislative matters (eg the subcommittee to study the reform of the electoral law, on which is the submit to the plenary debate or public).

• FULL AND YOUR ORGANIZATION. THE AGENDA.

Plenary. It is the body composed of all the parliamentarians belonging to the House. The plenum is convoked by the President on his own initiative or at the request of at least two parliamentary groups (art. 54 …), in theory but in practice the table set at the beginning of each semester’s calendar full. It is usually a meeting every week, but the first of each month.

Issues to be discussed at each week are set by the board of spokespersons that takes place at the beginning of each week and the week before.

The issues to be incorporated shall be as agreed at the meeting of spokespersons at the request of two parliamentary groups or government under the circumstances, the board of spokesmen agree the affairs of each type of procedure to be processed during the meetings a week: Tuesdays and Thursdays just vote and vote no on Wednesday.

The Plenary Assembly of Deputies, with a seat fixed. At the beginning of the legislature set the table spaces to be occupied by each group and the management bodies of each group assigned a seat. PSOE PP left and right and national minorities in the downtown area, the IU on the heights of the left. (It took the form of French placement).

• VOTING. VOTING SYSTEMS AND MAJORITY.

Each representative has a seat with his name and figure in the plans is the chair to control the vote.

The votes are mostly electronic process (key + YES, NO, abstention). Voting is reflected in the electronic displays of the sides (seats show that they voted and color).

The voting time is approximately 10 seconds. Formerly it was a show of hands or standing or sitting. The computation was done by the secretaries of the camera. In practice bill for services of the camera.

Roll secret. He calls the various Members who deposit a ballot, usually made for the election of someone or when it involves personal choice trial.

Public roll. One of the secretaries will read the name of each parliamentary aloud and say: YES, NO or abstention, commonly used for the investiture and censure of the President or major projects.

At present this type of vote is used to solemnize and to observe the vow made each.

LESSON XII. STATUS OF PARLIAMENT

• THE SUBJECT OF DEBATE AND ITS LIMITS. THE ISSUE AND ITS SIGNIFICANCE

Interventions in the procedures can be done well since it does not occupy the seat or from the podium, in general in Spain is that interventions occur from the podium, only a very short take place from the seat. No one can speak without the word has given the President, and can not be interrupted by nothing more than the president, whose speeches are limited to the time of exhaustion warning call to order operates.

MPs must act on the matter established, if they depart from the subject, the Chair calls the question, so that the matter is the stuff that we can talk. In the Spanish proceedings the issue is relatively lax.

The number of interventions is regulated as the maximum time that can last for each intervention, regulation of the debate, usually one person per group and a maximum time of intervention. (The President advised the timeout).

The order of interventions is lower for larger groups, interventions begin with the representative of the first group → PSOE and follow the following matches.

The exception is that when an issue raised by a group, it will take the lead and then does not intervene in their turn. The mixed group can divide their time between their representatives.

Call to Order: means that parliamentarians should be expressed in a correct way (talking to the presidency, treatment of Honor, etc.).

After the operation is performed a round of replication and a subsequent rejoinder.

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Plenary sessions are public, with exceptions provided for in art. 63 of the Regulation:

– Those that relate to the decorum of the Chamber and its members.

– Termination of a deputy

– Or when the House agreed by an absolute majority of its members.

Among the sessions is where parliamentary debates take place.

Debate: set of interventions that occur in the House to resolve an issue. These interventions are often from the podium. It has a cooling technique intended. The podium gets very cold and helps give a solemn interventions.

In the House may intervene only parliamentarians and government members and acts under an order that establishes the regulation that is involved in the groups from lowest to highest starting with the mixed group, with the exception of the great political debates (motion censorship, endowment) which involved the largest opposition party and then from highest to lowest.

The reason being that there is an order is in practice in certain areas the number of arguments that fall is limited so if first small groups involved in a discussion of politically sensitive when they get big and all would have said, why the order is reversed. (This is because if they start the major groups when children are involved it’s all said).

In theory it is only an intervention, but in practice there are always reply and rejoinder.

Discussions are regulated with a limited intervention, the expansion of interventions is regulated by the Regulation. Art. 74 of the Regulation provides that if no specific provision, the intervention will be no more than 10 minutes, except in the case of a global debate will be 15 minutes. The reply and rejoinder are 5 minutes, if not stated otherwise.

The party may have a combined maximum of 3 interventions, fragmented time of intervention between the 3 (if there are 3 members each involved 5 minutes).

The debate ends of sheer exhaustion at times because there is not regulated voting later. This interpellation debates or questions are limited in the number of times as there is no vote later, most of the debates end with voting.

• VOTING SYSTEMS AND THEIR embodiment.

The regular voting takes place using the keys each have the seat and can be public or secret.

Public:

1 .- Assent to the President’s proposal: it says “accept this document” and if nobody says anything is proclaimed by consent (approved).

2 .- Ordinary: by pressing the button.

3 .- appeal: an appeal may be made by a member going by the table, he stands up and says YES, NO or abstention.

Secret:

1 .- By electronic means: take place by show of hands, but the scoreboard did not light up the seats.

2 .- ballots, like voting, but at the same time calling to say out loud, every parliamentarian passes the podium and deposited in a ballot box a ballot with your vote, then proceeded to scrutiny.

The majority of the votes are public, in some cases can only be public or secret one, but most are usually public.

Voting for the choice of name is secret and procedures will necessarily be legislative and public investment procedures, motion of censure vote of confidence by calling public necessarily.

• ADOPTION OF RESOLUTIONS: THE QUORUM FOR VOTING

No vote shall be valid must be a minimum number of MPs in the House called quorum. When h quorum is because they have involved more than half of the members of the House. A quorum is not required in practice in all procedures. Other than the quorum is the majority, which is among those who voted how many are needed for there to be an accepted agreement?

The simple majority is a simple majority, meaning that there were more votes for and against but together are far less than half of those who have made an agreement that is that there are three positions: YES, NO, Abstain: the sum of abstentions and may NOT superior to the SI, however If more than NO and that the agreement would be approved.

• Majorities and their types. THE PROBLEM OF TIES.

There are votes that require a supermajority to simple majority, are of two types:

1. Absolute majority: for the adoption of an agreement the votes have to be more than half of the members of the chamber.

2. Reinforced majority, the votes must add a percentage more than the absolute majority is required to act by a 2 / 5 or the 2 / 3 of the votes.

If there is a tie in the House, the President ordered the vote be repeated after a certain time (usually the same day). If a second ballot is held and in equality is understood that the agreement is rejected, the regulation says “dismissed.”

In a vote in committee the formula for resolving ties is different, because first of all what you see is the weighted vote. In practice there can be a weighted vote by secret ballot.

The proceedings in Parliament are public, meaning that whatever is said in the House to be played in the newspaper of the House, “Journal of sessions.” In theory what you say is taken shorthand by some officers of the House and what they have taken is published. (What is written is not what has been said, is that it detracts from the editors is that correct speech defects that have been or spoken better on the paper than in reality. The journal is important as evidence any thing: if the newspaper is not there).

Along with these publications is also the Official Gazette in which the inserted documents that have been tried in different procedures (a bill, the report makes a presentation, etc.).. There is an Official Gazette of the Congress and a Senate.

22/03/10

ITEM XIII. Parliamentary procedure.

• THE ORDINARY LEGISLATIVE PROCEDURE AND ITS PHASES.

Legislative Procedure. It has 3 phases: initiation, preparation and prosecution.

Initiative: mechanism through which presents a text to be transformed into legal norms.

Preparation: phases through which modifies and approves the text.

Punishment: An act by ordering previously developed to meet the standard.

• LEGISLATIVE INITIATIVE AND RATING.

There are several types of initiative:

– The government, parliamentarians, regional governments and citizens (the most important is the government, according to the legislature by this initiative will generate 90% of standards).

– The initiative of government must be able to recognize at the outset and has a name different from the others and is called bills, while others are called bills. The difference between them is because the camera does not have enough time for all initiatives and government must all be studied, while the rest is studied in full, if you study or not, is what is called taken into consideration.

When a proposal has been considered a nearly equal will the bills.

Bills: s on legislative initiatives that are already articulated (detailed) are about concrete things that are contained in various articles.

The handling of a project must start at the Congress of Deputies, so when the Senate is a consideration of an initiative is sent to Congress to start processing.

The first is to publish the text of the initiative, one of the 2 a day which is the Official Bulletin of the Courts. The publication says that the commission is going to study, and opens a period of amendments or proposed amendments that may present MPs and groups.

The commission which is responsible for a bill is one that has a name of the ministry that has developed. Although sometimes the camera table commits a similar project to another commission from the saturation of others.

• AMENDMENTS AND ITS TYPES.

The deadline for amendments, we distinguish between two types of amendments:

a). Amendments to the whole: they are texts which suggest that the project does not proceed (because they do not like regulation and it does not seem appropriate at the time that is being proposed).

Amendments to the whole group can only raise and can take many forms:

– The return: return the project to the government.

– The alternative text: the text is returned to the government and continue with another text that is placed below.

b). The amendments to the articles: those that propose to amend any of the details of the project include:

– Amendments addition (add something)

– Amendments subtraction (removing anything)

– Amendments of substitution (replacing something)

Amendments to the Articles of groups and members can submit either. Actually a group can file amendments to the articles on an article presenting several alternatives.

– The deadline for amendments may be different for the amendments to the whole and articulated.

Usually usually 15 days although the groups can apply to extend the term and is given almost automatically for another 15 days.

You may request a second extension, but is often approved for amendments to the Articles and for amendments to the whole.

• THE PAPER AND ITS MEANING. REPORT AND ANNEX

When running out the deadline for amendments to appoint the paper, which will be studying the various amendments that have been submitted to the project, when the study ends, a report that contains the number of amendments and which is that the paper proposes to accept, but rejected the amendments can be debated by the commission.

In general, the reports are very brief presentations (eg, accepting all amendments to the PSOE, 3 CIU, and reject the rest).

The report is appended to the text as is after including the amendments accepted.

• COMMITTEE STAGE AND OPINION.

Once the report has to debate the project goes before the full commission, in the amendment for debate involving all who have seen their amendments and rejected members of the commission they want.

In theory should be discussed article by article and amendment by amendment, but in practice is discussed in one block or block, call the different parliamentary groups one by one to defend all its amendments.

The speaking time is very small, so there are about 15 minutes for each group to defend all amendments to the block being treated.

Completed the round of speeches beginning of voting in the ballot is voted all together, although the president before asking if anyone wants something separate vote, the aim and this rate before and after all the other things.

This is to demonstrate the policy and that this trend was noted in the daily sessions and then podérselo reproach.

In the committee stage, there may be amendments during the debate further, are amendments that need to seek rapprochement between the positions of different groups, are known to compromise amendments (compromise between several groups).

When you have completed voting documents the agreed text which is referred to as opinion.

23/03/10

• FULL PHASE

Once the opinion of the commission, the legislative initiative goes to the House. At the plenary session involved only groups that have been rejected amendments and to defend them. Now that supported an amendment that is a transaction between the text of the paper and the opinion of the Commission. In practice, the author of that group topics votes amendment allows to delete her old amendment to change the new one.

Then start voting … amendments and finally the corresponding project. After the vote on the bill, passed the Senate.

• PROCESSING IN THE SENATE AND THE MESSAGE MOTIVATED

In the Senate, the procedure is similar to that of Congress.

– Full of amendments (amendments to the whole, voting in the Senate or the articles). No problem to resubmit the amendments rejected by Congress, even sometimes approved amendments that were rejected in Congress.

– Lecture is named, which issues a report that is submitted to the Commission. Is then subjected to the full and this may take 2 things:

a). The text is the same as he had gone from Congress (all amendments are rejected).

b). That the Senate amendment …. enter some text other than the Congress.

In case A, the text goes without the sanction by the Head of State (King). In case B, there is further consideration before the full House, a new debate in which they can appeal the amendments approved by the Senate or reject some of them. It is important to note the different position with Congress and Senate in this process, Congress is superior.

After the vote in Congress, again, the text can lead to punishment by the King.

• SHORT LEGISLATIVE PROCEDURES.

Processing short.

a). Urgency procedure: in Congress processing times are reduced by half. The amendment passed within 15 days to 7, the deadline for issuing a report goes from 2 months to 1.

In the Senate the most important change is the deadline for Senate passage goes from 2 months (with CE) to 209 days.

b). Removing some stage: What phase suppressed? You can not delete the first consideration by the House. There is a process of full legislative competence of the commissions, which means that the procedures affecting ends with voting on the amendments do not go to the plenary. This has an advantage, not so much by the time shortened, but because as many commissions can join various committees to discuss common issues. In fact the art. 148 of the Regulation, says …

This delegation is allowed under Art. EC 75.3 “…”

c). Processing in a single reading: this means that the project will go to C omission at any time, the project suffers only a full debate in Parliament and submit the entire text to a single vote. This implies that there is likely to produce amendments therefore apply only rarely.

Should be for short projects that do not incorporate many nuances. The first time it was used, the only reform of the EC was … (Article 13 EC on the Treaty of Maastricht).

• SPECIAL PROCEDURES. The Budget Law

Special procedures.

– Because of the subject

– Find an abbreviated processing

Keep in mind that the deadline for approval of a law more than 6 months or so. Sometimes you need greater speed for which there are different mechanisms.

a). Bill or organic law: they have a special procedure. Rating a project like organic law, is required to vote as a whole must approve by a majority vote of the members of the Chamber (Article 81 EC). Constituent Power did with a view of the importance of these laws had to pass another group in addition to the government. In practice it is not as important as the government always has a majority, though not absolute, and missing votes for the support of other groups. Unless the voting processing is similar but not as t. ..

b). Reform of the Constitution: The constitution can be changed by 2 procedures:

– When reform means a new constitution or an amendment of Title I or Title II, is necessary after submission to ballot initiative and supported by 2 / 3 (enhanced). Afterward, dissolve the Chambers, elections and the new Court to rule on the new text.

– When the reform is not complete or Titles I or II, even with a majority of 3 / 5 on a regular debate. If the Senate introduced amendments, the final wording is not simply a vote of Congress, but it takes a joint commission between Congress and Senate to draft a text.

This second type of reform is very fast, is the means by which amended Art. 13 EC. The reality is that to change something about the succession of the crown needed reform and change worse, for a reform on the issue of autonomy or policy issues of some importance, it would suffice to reform ordinary.

25/03/10

Standard procedures of special character

Law on State Budget. It is the policy in which the costs are collected by the State during the next fiscal year. Is structured in 2 parts:

1. General Clause. It’s coming at the beginning of the article, which is said to approve state expenditures for a total of X amount. Then come a series of articles in clarifying the obligations of the State assumes the exercise and which can be applied.

2. Implementation of the budget items. In these articles comes some expenses that are not debatable is the application of other rules.

For example, the salary of civil servants are consolidated expenses because the state pays every month to the officer during the year. These are general expenses.

Other expenses such as interest payments on public debt generated (not act of approval of the budget).

Budget statements are the statement of expenditure and income statement.

Expenditure. Includes list of expenses that are authorized to each of the departments, each of which occupies one section. There are 32 sections:

Sections:

I Head of State

Cuts II

III Courts

IV Ministry of the Presidency

V Ministry of Defence

VI Ministry of Finance

Each of these sections in turn has chapters which also correspond to categories of expenditure.

Chapters:

Staff

Maintenance

Investment

Within the chapters are smaller units.

It ends with the section of the expenses of the various ministries traditionally sections was 31, now comes with the number 33. Applied to the various costs agreed by the Government, if they need more money will have to do with supplements or extra credit.

Credit Supplement. It is expected and when needed. For example, in the general clause is where you have 8 million allocated for the purchase of cars, and it takes 10 million, then you have to add 2 million.

Special Supplement. It was not planned and when needed. For example, the costs of flood situation is declared as catastrophic damage.

Extraordinary expenses beyond what is in the general clause.

Whenever there is a supplement or special credit will be added to the general clause, and how? provisions of articles run by issuing debt.

Income statement. It has a number of chapters where it says the different yields are expected to produce taxes.

Example: Income assets

Income taxes: income, corporate, VAT.

The income statement is an estimate, not a limit, because state revenues are the result of taxation, so if there is little activity there is less expected revenue (the balance must be square).

The budget law is handled as a special bill:

1 .- Only the Government prepares the budget prepared or

2 .- The draft budget is prepared during the spring and summer, calling asking ministries and the budget estimate.

3 .- The Government authorizes the percentage of expenditures.

The bill was introduced in early September and late October. Art 134.3 EC “The Government must submit to the Congress of Deputies on the State Budget at least three months before the expiry of the previous year.”

Presented the finance bill is published and opens a period of amendments, but there is one limitation: the discussion of all budgets is the general authorization to spend the first article, approved starting a period of appearances by representatives of the Government of administration before the committees of Congress. In practice at the same time meet the commissions.

In view of the hearings presented the amendments to the articles, they have a peculiarity, if they propose an increase in credit in a concept, they have noted a decline in the same section.

The budget is approved and sent to the Senate, if no change is introduced …. Like any other law.

If at the end of the year have not been approved budgets next year, is expected to automatically extend avas budgets for two parts and each month is still not approved (Article 134.4 EC). In practice, the Ministry is bound to spend.

The negotiation of budgets: in practice the Government has a majority, to prevent the extension, negotiates with small groups to increase or decrease spending.

The budget law is more complicated, but is processed in 3 months, the practice has involved the commissions at the same time. Anything extra credit or special.

Role of the Courts. Article 66.2 EC “Las Cortes Generales exercise the legislative power of the State and adopt its Budget, control government action and have the other competences assigned by the Constitution.”

06/04/10

ITEM XIV. CONTROL PROCEDURES.

• PARLIAMENT AND POLITICAL CONTROL. CONTROL PROCEDURES.

Government control.

From this control when you start and what are the consequences it has.

This is seen as warranted from the standpoint of the parliament that the government act in accordance with a direction to the will of the majority of parliament.

• The process of approving

The first control action will be located in the same government appointment. Historically:

1 .- The King appoints whom he loved

2 .- I had friends to carry out projects

3 .- names who have a majority in the chamber.

The procedure through which one can visualize that a president has the confidence of the camera is the investiture vote. Described in art. 99 EC and Art. 170 to 172 of the Rules of Congress. Procedure of verifying who has the confidence of the camera. After each renewal of the Congress of Deputies, the King after consultation with political groups of the Congress and the President shall appoint the Prime Minister.

King meets with all the spokespersons of the political parties that have obtained representation in Congress. It then calls the president of Congress and given a proposal to the Prime Minister.

This Congress President calls for the camera to the vote of investiture (art. 171 of the Rules of Congress). And the secretaries read the proposal made by the King, this rises to the podium and exposes the political agenda of the government that wants to be and asks the camera support (confidence). Then the President will call a representative of each parliamentary group and this representative will have a time (30 minutes in practice can be a plus). The order of interventions is highest to lowest, apart from the group of the candidate.

Generally in a previous meeting of spokespersons that will set the time each group, usually the opposition is given a little more time.

The candidate may intervene at any time, after each group or after all or 3 on 3, etc. replication and contraréplica be. After these interventions the vote at a time that is set by the president of the chamber. The vote takes place by public appeal, it asks each member and loud YES, NO or abstention.

If you get an absolute majority has given confidence, if not suspended the session and calls for another 48 hours, there is a much shorter debate and proceed to a simple vote in which a simple majority is enough to be sworn in as president.

– The only thing is voted on the inauguration of the Prime Minister, not the structure of government.

– Typically, all presidents are elected by absolute majority the first round. This has only happened 3 times:

Leopoldo Calvo Sotelo

Felipe González

The last Rodríguez Zapatero

– If he does not get elected in the second round, this is communicated to the King to call back to consultations with the groups to make a new proposal.

– If after 2 months of the first ballot no candidate has obtained the confidence of the camera, the King dissolved the 2 cameras and new elections.

– The President appoints his government, proposing them to the King and the King appoints, if you want to replace any, it proposes to the king and he replaces them.

– The Government will jointly liable for its management policy to the Congress of Deputies. If Congress requires responsibility to a member of government is as if he were calling on the President, and this is only possible through the special procedure of the censure motion.

– There have been cases of failure (Magdalena Álvarez).

– For the inauguration intervenes only Congress, but the questions and questioning involved Congress and Senate.

The censure motion is actually a kind of alternative investment, as it a group of deputies (at least 10%) had a written policy that the government censor and include an alternative candidate for president, this alternative is what sets the constructive vote of no confidence.

08/04/10

• Reporting practices. REQUEST FOR INFORMATION AND QUESTIONS

Parliament through the form of government we see the Spanish State. There are 2 types of control:

Ensure the government’s majority to be formed. Investment process.

The EC also requires that the government has to give information to the House and to this end they have to answer to the challenges and questions. This is the bulk of the procedures.

The regulation says that the deputies and parliamentary groups may make interpellations. These relate to the motives or purposes of the conduct of the executive on matters of policy, although it may be too specific.

• ORAL QUESTIONS AND CHALLENGES

Before, questions and questioning were different from today. The questions were short and the questioning were longer. The apprehension consisted of two parts. The first was the questioning itself and the second was the demonstration that the Chamber was satisfied whether or not the government’s reply. The first part was a general policy formulation, one could ask in Parliament or in a legislative committee.

The interpellation is formulated with a duration of 10 min., Answer the government and then there are replies and rejoinders, and may be involved representatives of different groups to express their position.

The second part took place by filing a motion. A motion is a statement which expresses a parliamentarian if you have been satisfied or not with the government’s response to the interpellation. The vernacular was the provision of motions could be discussed below and could have a government censorship, so it comes to motion of censure.

Currently, the motions are processed the following week and do not hold a government censorship, because censorship only when there is motion of censure. The next week, raises the same issue of questioning, repeating the same arguments that have all but ended with a vote.

The questions are shorter in the background is a lawsuit arising from a parliamentarian as to whether information is true or not about whether the government intends to not do a certain action.

Historically, questions have distinguished between questions to answer written or oral. Actually the name is abbreviated. The questions are announced in writing, while the answers may be oral or written. Oral questions are the most colorful procedures that occur in any parliament. In Spain, oral questions raised on the Friday before or the week before that in which to answer. The questions are developed Wednesday is an agile and short. Each question has 4 sections: questions, answers, replies and rejoinders. The sum of these 4 elements usually takes about 5 minutes. It is the only parliamentary process which can not exceed the time. There are usually about 24 questions a day.

The questions are developed Wednesday is an agile and short. Each question has 4 movements: questions, answers, replies and rejoinders. The sum of these 4 moves usually lasts about 5 minutes. It is the only parliamentary process which can not exceed the time. There are usually about 24 questions a day. When the question formulated by the opposition, the question is asked in a very short, when the formula a group of parliamentary government, the formulation of the question is too long. The parliamentary process in which the question and answer are very fast, takes place Wednesday to Friday.

A third process the requests for information, only occur in writing and has a lower level of advertising. The MP asks a member of the government data on a specific issue and he answered in writing. Of this there is usually public information that transcends, but inquiries made are many.

• THE GOVERNMENT ACCOUNTABILITY PROCEDURES.

There is another way of parliamentary control initiatives are discussed. They have different names, but basically treated the same. A parliamentary group proposes that the camera decide on something that is considering at that time. It can be about a legislative initiative, in which case it says it is discussing a bill, sometimes it arises as a debate over whether the government should do something or not. In this case we say that what is presented is a proposal (not law, although similar to them) are a consequence of motions questioning. They valued the camera poses as the government’s response to the interpellation that raised a parliamentary group last week. In these processes there is the presentation for the initiative, a response from someone in the group of government and involvement of all groups. These procedures all end with a vote on calling the camera to indicate whether you agree or disagree with the proposition that is being done. These are all initiatives of the opposition groups.

There are some initiatives debate that raises the government. They present a communication to the chamber where expose the situation of a particular issue and that communication is open, then a debate that does not necessarily end in a vote. The largest annual debate on the state of the nation, the debate of government.

12/04/10

LESSON XV. BODIES OF THE EXECUTIVE FUNCTION.

• CONSTITUTIONAL GOVERNMENT SET. CHAIRMAN AND MEMBERS OF THE GOVERNMENT.

The EC in its Title IV refers to the Government and the Administration. Section 97. The Government directs domestic and foreign policy, civil administration and military defense of the state. The government is governed by this rule and following the EC and the Government Organization Act 50/97 as amended in 2003.

There is a distinction between Prime Minister and Government. President, Vice-Presidents, Ministers, etc.

In fact, the basic part of management is to the Minister, the holder of a basic branch of the Department known as Ministerial administration. The owner may vary, a department is a set of skills and competencies that control those officials in a plot of state activity.

• THE GOVERNMENT AS HEAD OF THE ADMINISTRATION. CLASSES OF MEMBERS.

The structure of government is deregistered because the president can be varied by Royal Decree (this is so since the reform of 2003). No need to create a law to change the structure and go to parliament for it. This prevents the intrusion of the opposition in these structural changes.

The structure is set at the beginning of each term by a Royal Decree of the Prime Minister. As you can vary the number of departments, you can vary the range of those in charge of them, there may be vice presidents, ministers with or without portfolio, and a variable number of secretaries of state.

The Ministers, have an obligation inconsistent with everything that is not derived directly from his office, all compatibizable is president of the parliamentary or government agencies.

The Vice: are some members of government do not necessarily have a ministry, they can coordinate the action of several departments simply.

The so-called Ministers without Portfolio: refer to not having a government department and is attributed to the person politically important enough to sit in the cabinet.

The Secretaries of State are holders of a government sector that is located within a ministry or government office, have the highest administrative level, are part of the government, but do not attend the Council of Ministries not be that are called.

All these positions have some support bodies that are your cabinets, which are technical secretaries of the office management policies that will prepare information and interventions.

Each ministerial department in turn has a basic structure: Directorates-General, Deputy Secretary General and technique.

General Directions: These are units that break down the powers of the ministry. Example: Ministry of Justice [DG relationships with government

[DG of Prisons

Are those that mark the ministry’s policy in different areas of responsibility are focused outward.

The Secretary-sets a sort of “alter ego” of the minister (without replacement) deals with issues within the Ministry, it depends on all its officers, internal economic services, the link through the intersection, legal advice ministry, etc..

The General Technical Secretariat is the body of rulemaking ministry, handles the technical aspects of the action of the ministry.

The Secretary has higher status than the general directors and the secretary general technical (which are all the same).

Underneath the Directorates-General are the sub directorates, which are the last of the bodies of the administration.

Act difference:

Higher administrative organs [Ministers

[Secretaries of State

Bodies [DG → DG Sub

[Under-Secretaries

[Technical Secretariat

The trend is for higher positions are administrative officials even after the designated minister freely.

Officials are working to professional management service. Can be of two types: a). Career and b). Jobs.

Officials initially were employment, hired to work in a job and removed when the wanted or he was appointed in the position ceased. This meant that with every political change, change officials, to resolve this situation creates the oppositions.

The advantage of the opposition lies in its neutrality and display of knowledge about certain subjects.

Officials bodies are grouped by the set of official who had entered some homework in the same group. Each ministry had its own bodies.

This system was invented by Bravo Murillo in a state of instability but it created a certain expectation of stability for those who work for the state. This led to the middle classes on track at school to the administration, having partisan regions (Galicia, Castilla, etc.). And more reticent as Catalonia.

There was a second regulation in 1918 and yet another during the Franco regime in the year 1964 in which to create the so-called general bodies, because their components could take up posts in different ministries.

When you try to start the transition to a reform of the public resulting in the law 30/1984, which sought to replace the structure-based management bodies, one in which there were career officials and workforce (as if were a normal company). The emphasis is that they can take a number of jobs and is said to cover such positions as they were delimited in a defined structure for each ministry.

What happened was that the socialist government that was intended to change the majority of the officials who were more favorable to the former regime and more conservative, this reform was challenged before the Supreme Court ruling and in 87 it was said that was not indiscriminate the posts were occupied by civil servants or contract staff, as in art. 103 of the EC states that the Minister will decide, so it was deregistered the norm. The government after this ruling takes a new law to establish that the 88 posts were filled by staff and which temporary staff.

13/04/10

It is important to know how is this structure, because the officers work on the principle of hierarchy.

LESSON XVI. JUDICIARY AND CONSTITUTIONAL JURISDICTION.

• THE JUDICIARY AND ITS STRUCTURE.

It is the most autonomous in their organization, from the beginning Montesquieu said the judiciary should be non-existent, no. Judges should interpret the law rather than from a political point of view.

This idea was somewhat misleading because in order to interpret the laws must be a power that has a greater decision-making and this organization is the judiciary.

Judges are therefore very powerful people, because they are the ones who interpret the law, is a distributed power since all judges are independent in creating their discretion and interpretation of the rule, this generates much political power problems sought to control the judges in his favor.

• THE PROBLEM OF THE GOVERNING BODY OF THE JUDGES.

Throughout the nineteenth century there were two ways of electing or appointing judges. When the Constitution was conservative was the administration of justice. When the Constitution was liberal talked about the judiciary. With these two titles are anticipated understandings of justice.

The first is a branch of the state administration and the government can influence their decisions.

When speaking of the judiciary, judges are thought to organize themselves without government intervention case.

In the EC is called Title VI of the judiciary, is set to a seemingly self-government judges. Art. 117 EC sets out a statement. Here are 2 steps:

– System guarantees that judges are independent.

– Second level, how judges are organized so that citizens know the system that will prosecute, which will be across jurisdictional unity.

The law comes to regulate the guarantees of art. 117.2 EC is a very important law and of that set right away, modern law has had a longer duration is the judiciary that is in force until 1870, 1985, replaced by Law 6 / 1985. Although it is a very stable law has had 23 changes and is now in a call.

The law states in Book IV, what are the judges to respect and will distinguish between judges who are belonging to the judicial career. The professional judges fall into three categories: Judges, Magistrates and Judges of the Superior Court

It climbs a rung to another, you enter the race for opposition (attempted change in the entrance exams for 80 courses at the School and Legal) this change was because they wanted to change as many judges as possible ( The result was that there was a bad level of justice in Spain for 10 years).

• THE SETTINGS AND REGULATIONS CGPJ.

The judges will have a status that has certain characteristics that appear in the art. 117.2. The EC establishes a body inspired by those in other countries is the General Council of the Judiciary, Art. 122 CE.

1 [Chief Justice

20 [Members elected by the King

12 [Judges and magistrates

8 [Jurists and lawyers with more than 15 years [4 elected Senate, elected Congress 4

12 Judges and magistrates: 3 Supreme Court, 6 judges and 3 judges.

The judges are prohibited in principle belong to political parties and their professional association with more modalities will be different from union membership.

Shortly after the EC, constitute several associations of judges and magistrates.

– Judges for Democracy: the most important quantitatively → progressive left

– Association of the judiciary → traditional, straight

– Association of Francisco de Vitoria → centrist character

Although the sum of all frame does not reach more than 40% of active judges.

The resulting ideological politics after the first choice was a conservative, in view of which the PSOE to reach the government introduced a reform that judges were elected by their own peers, but by Congress and the Senate (El PSOE at that time had a majority in both houses, I was looking to put people close to his party in the magistrates). From 85 to 10 years was a preponderance of the Socialists in the CGPJ.

Little by little, to the extent that the PSOE was losing relative weight in Congress, began to tip the balance toward the other side is a group of more conservative ideology.

With the PP and the Law 2 / 2001 introduced a system intermediate between the 2 above, there are three candidates in the number of positions to be filled and then elect a majority of 3 / 5 to select someone as a member of CGPJ.

15/04/10

• RESOURCES SYSTEM AS A GUARANTEE.

The fundamental guarantee that citizens have is the certainty that they will get a ruling on any matter presented and that the sentence can be fairly predictable for all citizens.

Or you know what that means half the standard or the effectiveness of this rule is lost when trying to prosecute a particular situation to say which is the standard that should or should apply, or what they courts to say whether foreseeable or the effectiveness of this is lost. Whilst every effort to ensure that judges are as independent as possible when applying the standard.

The way to combine these two positions is the resource system for the sentences, almost any sentence can be appealed and in some cases there are several resources that build up. In a sentence there are two distinct parts:

1 .- establishing the facts upon which to produce the sentence.

2 .- Rules and therefore these events which is the foundation of failure.

When setting proceedings before a sentence can have two distinct areas:

– The first area that is over the interpretation of the rules.

– Another second is the review of the facts.

When a procedure has a single resource should be able to refer to both the facts and applicable law.

When several successive, the first refers to the facts and the second and successive to the fundamentals of applicable law.

In general justice is to resolve conflicts based on existing rules are the laws and regulations.

In general a regulation has to respect the guidelines contained in the law. The law in turn is supposed to respect what the Constitution says.

Here we find different ways of approaching the issue.

If a regulation is contrary to law, the judge refuses to apply the rules, but if it is a law that goes against the EC, must apply to be declared unconstitutional, although he thinks it is.

• THE POWER OF INTERPRETATION OF THE CONSTITUTION.

To control the constitutionality of laws, there are several systems.

The first was introduced in the U.S. when in 1806 there was an interpretation of the Supreme in Marbury vs. Madison. The Supreme Court said he was the guarantor of the Constitution and law, said a federal-state was invalid, go against the Constitution.

This performance guarantee of the Constitution there is a political problem. Behind every interpretation of the Constitution is a political, all judges have an ideology that transcends their sentences.

The Americans looked for a system consisting of the TS was made up of judges appointed by the president when a vacancy occurred (retirement or death).

Where in Europe are beginning to see that we need a mechanism to ensure the constitutionality of laws, control systems pose 2: Jurisdiction distributed or concentrated jurisdiction.

Jurisdiction distributed.

When a judge is a law that his opinion is contrary to the Constitution, simply do not apply, this leads to the same law could be interpreted differently by different judges. This makes not much legal certainty.

Concentrated jurisdiction.

It means that there is a single body that decides about whether a law is constitutional or not, when a judge is a law that seems unconstitutional, you have to do is consult with that body only, to read or if that law is not contrary to the Constitution.

This body is a joint body of judges, university professors, practicing lawyers and various legal experts.

• THE SETTING OF CONSTITUTIONAL JUSTICE IN THE EC OF 1978

In Spain there was no tradition of constitutional jurisdiction existed, the first listed is the second republic, the Constitutional Court, court and ultimately intervened in the proceedings violated the fundamental rights of citizens or unconstitutional laws. In the current constitution and will appear in the art. 9.1 the assertion that citizens and public authorities are bound by the Constitution and the law.

• THE CONSTITUTIONAL COURT: COMPOSITION, ORGANIZATION AND POWERS.

Later in the text of the EC, Title IX arts. 159 and following, the body that regulates the constitution is the Constitutional Court, which is a joint body of legal and political. Consisting of 12 members appointed by the King.

4 à Congress

4 à Senate

2 à CGPJ (policy component).

2 à Government

It has sought the same brake system that occurs in the CGPJ and that appointments must have a majority of 3 / 5 (this makes the party has a majority in the chamber does not have total control because they usually will not have that majority and seek a consensus).

The members are: judges and prosecutors, university professors, lawyers and officials, all jurists of acknowledged competence with more than 15 years of professional experience.

The mandate lasts for 9 years. The renovation is done by thirds every 3 years.

19/04/10

The link between the Court and the political bodies, leads us to consider or question the nature of the Constitutional Court, is a political body or court?.

– It’s political composition

– It’s court for his performance

It is also within the scope of judicial guarantees established by the Constitution and the Basic Law, to provide it with a security status and independence of its judges (it shows that they have a long-term).

It is a political body, but follows a different policy rates to national policy, so that the majority do not coincide with those in the government.

Organization.

Members of the Constitutional Court elects its president and vice president between them for a period of 3 years (art. 160). Consist of: Plenary Halls and sections.

Full: component all members (12)

Rooms: 6 members each (2 rooms)

Sections: 3 members

The plenary, has jurisdiction over constitutional challenges, conflicts of competition and conflict in defense of local autonomy.

Chambers: constitutional issues and resource protection.

Sections: in some cases and habeas corpus proceedings and admission of resources.

When there is a tie vote, the President’s vote is decisive because the full composition and rooms.

Competencies.

There are three groups of skills listed in art. 161 CE:

Control of constitutionality: basic function around which develops the role of the Constitutional Court. There are 3 ways:

– Constitutional complaint art. 161 EC.

– Question of unconstitutionality

– Self-questioning the constitutionality

Guarantee of fundamental rights: be articulated through the amparo in the art. 161.1b CE.

Conflict of jurisdiction: art. 161.1c provides these conflicts between the State and the Autonomous

The Act adds another type of conflict, which are those that can occur between different constitutional organs of the state.

• Control of constitutionality. QUESTION OF REMEDY AND UNCONSTITUTIONAL.

Motions.

Under appeal: it is a rule that has the force of law including laws that the courts approve both ordinary and organic standards of the government which has the force of law (legislative decree laws and decrees). Also the laws of the autonomous assemblies and parliamentary regulations. International treaties and rules from the provincial estates of the Basque Country and Navarra.

Standing: the prime minister, the Ombudsman, 50 deputies, 50 senators, the Executive body of the CCAA and the CCAA Assemblies (these last 2 cases, only for the rules that may affect their autonomy). Article 162.

The constitutional complaint is subordinated to political agreement exists or not, because a law is the result of a political agreement in the House (there may be laws that are unconstitutional since it has been contested political settlement.

Deadline for filing the appeal: they are 3 months from the official publication of the rule. (The sections are that support for processing resources).

Once submitted, the action moves to the other standing to file the appeal to submit claims.

Subsequently, the Court hand down a decision within 10 days extendable to 30 (never met).

Question of unconstitutionality.

Also called indirect resource and is offered as an incidental question in a non-constitutional (in ordinary legal proceedings, the judge or court is casting doubt on a law which depends on the fault).

Standing: judges and courts are involved in a procedure in which one must apply a law that raises doubts about its constitutionality.

Deadline for filing: there is no deadline, there is always possibility of raising the question of unconstitutionality.

20/04/10

The purpose of the question has to be a regulation having the force of law, but the foundation is different from the resource, as this challenges the constitutionality in the abstract, the question applies at the time of actual application of the law at a time and in a specific and concrete.

The judging significance: this means that the judge must specify the disputed law, the breach of his constitutional means and justification for the dependence of the resolution of the validity of the standard.

The question of constitutionality may come from party or ex officio, even if the parties ask the judge can stop it unless he believes need to process it.

They are legitimate judges and the judiciary courts. Here there is a big difference with the constitutional challenge, since they are entitled in the action were members of political power (so the resource is an instrument of political control of the judiciary). And in the case of the issue are entitled judges assigned to the judiciary and supposedly without political pressure (and therefore the question is an instrument of purification technique of the law).

To address the analysis if a rule is constitutional, there is the standard against which not only the Constitution but also the laws that dictate to delineate powers between the State and the Autonomous Regions (Statute, transfer laws, framework laws , etc.). this is known as “constitutional block” and serves as a parameter for assessing the constitutionality of a law is in the art. 28 of the OLCC.

• A ruling of unconstitutionality and its effects.

Judgments of the resource and the question of unconstitutionality. The two key features are:

– Effects against all “Erga omnes,” links to government authorities and has overall impact from its publication in the Official Gazette.

– Effects of res judicata, which have both formal (which are not appealable to any higher authority is not challenged) and material (the sentence prevent the approach of a mere dispute between the same parties on the same subject for the same reasons .

When the sentence is dismissed and upheld the constitutionality, if possible admission of a new constitutional question when it is based on a different constitutional provision initially alleged.

Sentences may be:

– Estimatory: declared the unconstitutionality of the norm

– Rejecting: declared constitutional rule

– Interpretation: the court saves the constitutionality of the rule imposing a particular interpretation.

The effects of these decisions have on the legal system is different, if rejecting business as usual, but if estimatory, this implies the invalidity of that rule and without expulsion of the law. Therefore, once the court takes a decision and publish it in the BOE, are expelled from the law.

The firm produced under conditions of the Act and declare it unconstitutional and not checked or not but give rise to compensation.

• UNDER THE RESOURCE AND ITS MEANING. FILING.

Amparo. It has 2 features:

– It is an extraordinary procedural remedy can only be used to seek the protection of fundamental rights.

– E an alternative procedure, not a procedural way primary, but an additional warranty and last, can only be activated when the rest of way has not worked.

Subject:

– Its purpose is to direct the repair of concrete and effective injury of a fundamental right.

– Only the rights of Section I, Chapter II, Title 1, Art. 14 to 29, but the right to conscientious objection in the art. 30.

– Must come from a public, not particular.

Acts or omissions:

Legislature (Legislative Assembly)

acts with the force of law

acts no force of law: is primary (no regular way)

For both events, 3 months later.

Executive (Government or Administration):

à In the alternative, must first exhaust the judicial process. The deadline is 20 days.

Judiciary: come directly from the acts or omissions of the judiciary.

Legitimation.

What may have natural or legal persons claiming a legitimate interest. The Ombudsman and the prosecution.

Since 2007 there have been hardened, because it was leaning and collapsing the court, over 95% were appeals for protection, the requirements for processing to support this appeal, the appellant having to justify the need for the court decides on the merits constitutional remedy.

• UNDER THE SENTENCE AND ITS EFFECTS. THE UNCONSTITUTIONAL self-questioning.

Judgement.

Amparo The only inter partes, affects public power and the particular defendant has res judicata effect of full.

But not formal res judicata effect because it is a way above national resource to the International Court of Fundamental Rights, the European Court of Human Rights.

Rejection, denied the injunction and the situation is the same.

Estimatory:

to acknowledge or return for that right

Annulment of the contested à

Restoring recurring à integrity of that right with the adoption of appropriate measures.

22/04/10

LESSON XVI. TERRITORIAL ORGANIZATION OF STATE

• TERRITORIAL ORGANIZATION OF THE STATE. From where RULES? Dualism, STATE FEDERAL AND STATE UNIT. The political meaning of federalism.

Any state is in a certain territory within the state or community may be other smaller organizations with power.

There are states that are the result of the union of other states. There are two possible situations:

– States lose their identity before being part of a more inclusive state of all. Example: Italy (nineteenth century the kingdoms of losing their identity in favor of Italy).

– States maintain their identity. It is the U.S. cases. States retain their identity even though there is an organization superior to all of them, called Federal State. There are even a number of States which were Unitarians, but less organized within organizations that follow a federal model.

Therefore, the territorial model can be articulated in an organization (unitary or centralized) or more (plural or decentralized).

• DECENTRALIZATION REGIONAL POLICY AND THE STATE. ENTITIES HAVING SELF.

The level of decentralization can be measured in terms of skill level with regional organizations. The more are the powers of smaller territorial organizations, we can say that the level of decentralization is strong and vice versa. In any case, we note that the level of decentralization is not fixed over time and may vary.

When the organization spends more powers to smaller units, talk of decentralization. Centralization would be otherwise.

An organization is concentrated as the most important decisions have to be taken at the highest levels of the organization. Instead, this decentralized when major decisions can be taken in half or smaller organizations.

Throughout the nineteenth century can be finding a tendency to form states with decentralized organizations (states, regions, CCAA). Keep in mind that when there are several organizations in their own powers, the power is more limited than if a single organization. Then, as what was sought was to limit the power, creating a good measure to make these different states. The way to articulate that decentralization may vary.

Decentralization simple. The state organization through what empowers a smaller organization. This applies to municipalities or provinces. But the important thing is that as a law of the State at any time, the State can take away that skill level. Instead, there are other occasions that the law will give powers stems from the Constitution. Usually, in such cases it is necessary to lower the local authority involved in the devolution. This type is called Constitutional decentralization. The clearest example is that of the Länder.

One type of constitutional decentralization less rigid than before, and this is because Federations really very few, since they should all States that form have existed previously and have a system of forces than others. It would be the case in which a unitary state established constitutionally empowers territorial organizations within you. In this case we could talk about semifederación.

U.S. or the EU would be clear examples of federal states.

• PROCESS DEFINITION OF AUTONOMOUS REGIONS.

In Spain this is our contentious issue for the system. Since the nineteenth century in Spain calls for federalism. After the crisis of the Restoration and the proclamation of the Second Republic is trying to form a semifederal State, which is what is called integral state.

With the Franco becomes a unitary system. For all this, the transition did not really know how to organize the Spanish territory. Gradually he would define the autonomous State, but very confusing. Those who were more interested in that there were constitutional decentralization Catalonia and the Basque Country, which favored a federal state. He even doubted, if only given the autonomy to Catalonia and the Basque Country. In fact, the transition is pre-autonomous regimes created by these 2 regions.

As time passes, UCD, despite contradictions in the party itself, after the rebellion caused by representatives of other regions of Spain, begins to think of a way to create autonomous communities that go beyond Catalonia and the Basque Country .

In the EC we see the first battle in the art. 2. It is the first time in a constitutional nation is called to these regions. This is because Catalonia and the Basque wanted to differentiate them from other regions.

Typically, a Constitution saying what the Federated States or what the CCAA by a fully integrated state. However, the EC does not clearly defined in Title VIII. Art. 137 EC will refer to 3 types of entities (municipalities, provinces and autonomous regions that are formed). When you say “CCAA which constitute” That’s very abstract. The arts. CE 139 138 and say that all Spanish people are equal regardless of the territory in which they are.

Chapter II of Title VIII clearly defines the structure of municipalities and provinces. For this article, Catalonia has not changed their provincial organization.

26/04/10

Title VIII is the longest of the constitution but only has 11 items. This is true especially for the arts. 148 and 149.

Chapter III begins with the procedure for establishing CCAA, it will mean that CCAA can be established in the provinces bordering on cultural, economic, social and historical common, the island territories and those with historical entity.

The procedure has two phases:

1 st Initiative for the provincial

2 nd and the 2 / 3 parts of the municipalities in the provinces who would create the CCAA and most people suppose.

They have to spend a maximum of 6 months between the first agreement, which comes of 2 / 3 if not 5 years must elapse get to try again.

• THE ALLOCATION OF POWERS TO THE AUTONOMOUS REGION, THE SYSTEM powers assumed. The asymmetric SYSTEM.

The regions would not have to be all the same as the EC. Some may have more skills than others according to their desires (cheese platters). What were those skills:

American Federalism: A fairly simple picture, some have more competencies and others would have other, once the matter, assumed all powers in this area.

Our Constitution establishes a more complex system to the American, and speaking skills of legislation and executive powers, which can have one or two types of skills. There are cases in which it will correspond to the state.

In reality, the exclusive jurisdiction of the CCAA does not exist because there are always flat on those who need state approval.

There are 2 articles which set out the types of skills:

Article 148: say what the powers that may be assumed CCAA.

Section 149: List materials exclusive jurisdiction of the state.

The subjects are not covered by any of the two lists, leaving an ambiguous space, since those materials which have not been attributed to the State, may correspond to the CCAA if they include them in the statutes, but do not include them correspond to States.

The Constitutional Court is granting the powers expansive nature of the CCAA, as he understands that the state is an organ with the CCAA and must justify that provision of EC support to dictate the rules.

Along with these matters but the State and other regional governments have begun to appear others contained in art. 150, especially paragraph 2. Which states that the State may transfer to the CCAA competence over matters assigned to the State, in the case of matters that the substance can be transferred to the ACs.

This led to the establishment of a race to see what the powers that were to assume the CCAA.

The first initiative was to correspond to the Basque Country and Catalonia, which already had before the Constitution an autonomic nature.

Looking at this situation the other provinces, claiming their own statutes. Further complicating the situation, after 5 years, the Autonomous Community, could assume powers of art. 149 reforming their statutes. 2 types are established regions.

– Communities have an autonomy plebiscite before. Catalonia, Basque Country, Galicia, etc..

– Communities without status plebiscite, they wanted to with special intensity (3 / 4 of the municipalities). Andalusia.

It was moving in the constitution of other regions. There were 2 CCAA projects they wanted something that was beyond the communities (Valencia). We sought a formula to equalize the situation in front of the largest provinces. What was done is transferred from the State a number of skills.

Is authorized:

The LOTRAVA. Transfer Act to Mallorca

The LOTRAVA. Transformation Act of Valencia.

The LOTRACA. Organic Law for the transformation of the Canaries.

At the end of each CCAA remember the skills they wanted “one size fits all.”

We attempted to make a mold known as common to all the LOAPA (Organization Act autonomous process), contested by most political parties, ruling against the law half of the Constitutional Court.

When he left the sentence, the CCAA had already established its charter by taking all the powers of art. 148, but could not be effective (Ports in Castile).

27/04/10

• THE POWER OF AUTONOMOUS REGIONS. Statutes of Autonomy as the norm.

There were only 2 territories outside (Cantabria and Melilla). In 1985 both were configured in two controversial laws, if they were cities of autonomy or special circumstances. In either case, all regions of the Statute of Autonomy, which is a kind of mini constitution. Art. 147.2 sets out the elements that individualize the CCAA. Of these elements, first is the name that should be the one that best matches your story. Here and there are problems, because some are Communities (Madrid, Valencia), Community Board, Generalitat.

In addition, must meet the definition of territory, must match the old provinces. The names and locations of regional institutions. Here too there is variety. Government means government, Junta … Regarding the differences is also based, in some cases is a city, and in other cases are dealt (Murcia, GDO in Murcia and Cartagena Parliament).

All these elements are part of the contents of the Statute of Autonomy. Reform whose statutes shall conform to the procedure established by themselves, but require approval of the Parliament by LO (art. 147.3). Therefore, the approval has 2 phases. The statutes were approved between 1979 and 1983 (except Cantabria and Melilla), and each statute assumed the powers named the CCAA for.

While the Statute is adopted as the transfer to Valencia (LOTRAVA) and Canarias (LOTRACA).

But, as from age 5, could take on more responsibilities than those stipulated in art. 149, soon demanded amendments to the Statutes to expand skills and approach the large CCAA.

The socialist government would long at first, but then approve the Law …….. supported by the Popular Party, to extend the devolution. This law represented a generalization of devolution. But 2 years later he began to amend the statutes to incorporate the relationship of powers, those which had been transferred by the State. Therefore, starting from 92 starts a new generation of laws. Since 2006, third generation begins with the Statute of Catalonia, but followed by Valencia, Andalusia, Balearic Islands, Castilla y Leon, Extremadura and Castilla are pending de la Mancha. The problem is that in Spain, with the Statutes, the trend goes against the Federal States. The latter, by the emergence of new powers have gone to the State, and now the U.S. is highly centralized. In our country the reverse is true.

The problem has been not to limit the powers may assign the state. This problem is currently in dispute with the Statute of Catalonia.

• INSTITUTIONAL SYSTEM OF AUTONOMOUS REGIONS. RESOURCES OF THE AUTONOMOUS

To execute the powers, the first is to raise the institutional structure of the Autonomous Communities. The Spanish Constitution speaks only of the institutional structure of the Autonomous large. Art. 152 states that they must have Legislative Assembly, a Council of Government and a President elected by the Assembly and directing the Governing Council. The President and Council members accountable to the Assembly. Also, a Superior Court of Justice, without prejudice to the Supreme Court will conclude the administration of Justice.

Nothing is said in the EC of the institutional structure of the Autonomous small. But all have been provided with the institutions that have the largest CCAA. They have even been provided with a right of early dissolution, claiming that only had some CCAA and has become more widespread.

In addition to these government institutions, regional governments have more resources. The regions did not start from scratch, were transferred by means of state administration and sometimes local. This transfer is done through a Joint Committee on Transfer with representatives of regional governments and state. They saw what they were local institutions and by what means (equipment, cars). Later, if the State was an institution in all provinces, the local establishment is going to the CCAA by the material. With this, it was thought that it would not increase personnel or expenditures. This was easier in theory than in practice. There would be many buildings that had limited services and have multiple services, of which some were transferred and some do not, then problems arise. In addition, state officials, were leery of giving material, which always yielded the worst. Then the CCAA were forced to seek means.

On the other hand, state officials were reluctant to join the CCAA. Whole bodies were transferred, but still, many places are left unfilled. Therefore, these places had to remove them without covering the following budget. Within 20 years, the number of officials in the state more CCAA, multiplied by 2.2. Police and justice are the only state bureaucracies remain.

29/04/10

The transfer of officials to the CCAA was a problem for them, due to the lack of morality posed by the change.

Regarding the officials themselves, so there was no hesitation, it would raise the salary to them.

• CORRECTION SYSTEMS OF THE ROLE OF SKILLS. DELEGATED POWERS AND TRANSFERRED

Financial resources are contained in Art. 157 and 158 CE. Art. 157 said that the resources of the Autonomous Communities shall consist of tax wholly or partially by the state. This means that the central administration has not given be she who collects the taxes. But, it has been giving to the CCAA stake in the outcome of these taxes, so that those who ordered the percentage is going to own regional governments and central government. This means that in the general state budget each year, there is an assignment to the CCAA. This allowance varies from other autonomous communities.

The taxes have been giving to the CCAA are: income tax, excise taxes (gasoline, alcohol, snuff). The percentage has varied. He began by 15% and are now above 50%. The transfer of duty is very simple, because when you raise these taxes, it is an unpopular and has little political significance. Besides these taxes are charges of state income taxes. If this tax is usually 20%, the CCAA add 3% to 5% for example. These charges have not been done rarely, because they are very unpopular, and prefer to ask the State.

There is also its own taxes, but these, too, are not carried out because the central government has taxes for all and can not take new taxes. Those that are imposed by the CCAA rates and special levies. These are paid by citizens in a certain situation (certifications, bureaucracies, etc.).. As only pays you want something, it is an unpopular measure. Then there is another game with relatively minor.

Own renditions of their assets and income of private law (art. 157). This, in Spain, is often unreliable.

Transfers are also inter-territorial compensation fund. These are important. This fund is designed to the principle of solidarity, to help regions with fewer resources.

The final product, are lending operations. This is just the public debt. The regions also have some capacity for public debt. In the general state budget shows the debt coverage given to the CCAA for possible failures.

• A BALANCED SYSTEM OF TERRITORIAL ORGANIZATION.

The thing to keep in mind is that regional governments can not levy taxes for operations to products outside its territory (customs duty).

In conclusion, the special organizational structure is very unstable, and increasingly, because the various governments have not exercised control mechanisms should.

In the Administration, there are various government officials (central, regional or local) overlap. This makes the costs multiply.

There have always been fears that the CCAA be separated. Why 2 institutions are created: one ordinary and one extraordinary.

Institution ordinary character. Delegate of Government controls the institutions of the CCAA and makes it fit the central government. They are replacing the civil governors. Next to these are the sub-delegation of government in the provinces.

Extraordinary institution. Art. 155 EC says that if a CCAQ goes against the general interest of Spain, may take the measures necessary for the enforceability of such measures, after notifying the President of the CCAA. This currently is very difficult to be carried out by the power of the CCAA.

03/05/10

ITEM XVII. PRODUCTION STANDARDS AND TOPOLOGY.

• LOS Regulatory agency and topology rules.

The Legislature established Delegatory behaviors (rules) or to other organs, either for all citizens.

Those who can produce a rule, are said to be source of law. Sources of production are those bodies that create standards, namely legislative or representative of the state or regional governments, but the executive one and other.

Production sources are arranged more or less range due to the proximity to the source of sovereignty. Therefore, the rules will be the highest ranking coming from the representative bodies of people with less range will be the coming of the Executive. The range is already marked in their name.

Sources of manifestation. They are the forms assumed by the rules depending on their origin. The rules come from the representative bodies are called Acts and those from executive bodies are called regulations.

Laws take precedence over the regulations, but sometimes the executive the power to invade the legislative bodies. To not pass this, we use the reserve.

• THE CONCEPT OF SPARE CAPACITY AND RATE RULES.

The reserve is a particular matter can only be regulated by a type of rule. Typically you see a number of matters reserved for the law. In our system there are matters reserved to regulations, whereas in France if regulatory reserve. The regulatory reserve would be contradictory from the standpoint of the principle of normative hierarchy. Here is subject to law.

• The constitutional law and its meaning. Statutes of Autonomy.

However, there as a result of regional structure of the state, allocation of powers between the state and regional government. Therefore a number of matters remain the responsibility of a representative assembly, are not matters of state but of the CCAA.

This allocation of powers between them, made to appear the constitutional bloc, which refers to the set of laws that have been issued to limit competition between countries and regions. This is regulated by the OLCC. The first thing to do is if a matter is the responsibility of state or regional governments, because only when a rule is dictated by the competent body, can produce no legal validity. Otherwise, it could be challenged before the Constitutional Court, resulting in their complete or partial cancellation.

• PLURALITY OF STANDARDS FROM representative institutions and the principle of competition.

Within the norms of powers of the courts, we still distinguish (Law and ordinary law).

• COMMON LAW, THE BOOK OF LAW AND Delegalization.

Ordinary law. General type of rule adopted by the courts. In principle, these laws have restricted the rights and freedoms of citizens (F) (Art. 14-38 EC). This is stated in art. 53, which says that the essential content of rights must be regulated by law. The property law requires that anyone who has it can dispose of the object for sale, exchange, etc..

Second, all the rules can result in imprisonment (the rules on penalties).

Third, the rules relating to matters reserved by law under the Constitution. For example, the EC says that a law will regulate from the status of public employees …

The fourth block of matters governed by law, are those previously regulated by law, although not belonging to the above categories. However, such materials have provisional status of law while the leu own does not say that in the future be regulated by the Government. The latter is called Delegalization a subject. Within the norms of legal status, applying the principle of distribution or competence in matters that have been transferred, the competent institution to regulate assemblies are competent regions. That’s how he plays the block of legality.

• Organic laws. SCOPE. ORGANIC LAW RESERVE. THE PROCEDURE FOR APPROVAL

Organic Laws. Among the rules of the courts, there are also laws (art. 81 EC). Are those that regulate the fundamental rights and public freedoms, the governing statutes of autonomy and the Electoral Registration Officer or other matters set the CE (important institutions: the military regime, the Ombudsman, the State Council, the FCS).

Organic laws are more specific requirements for approval:

– Absolute majority in Congress (L. Ord. By relative majority).

This rating law as organic, is produced by the table initially, but this rating can change the duration of their processing. The paper may raise in his report that a standard is part of the same organic matter. If you believe that the rating is accurate, the term begins again, still possible to propose amendments.

Regarding the LO is important to note that organic matter and not a matter if that matter is regulated in one form or another. Only materials that are organic are the responsibility of the TC LO in a decision speaks of the reserve for the LO of organic matter. With this the TC wanted a government with absolute majority could not change matters Lolordo reserved.

04/05/10

There are what are known as materials related to the LO Sometimes in the drafting of a law, there are more materials that correspond with organic matter. When most of a regulation is organic matter, the entire rule is described as L.O9. but that art is not organic, it is mentioned somewhere in the law (usually additions), some items are non-organic. This is mainly for future modification.

Where a standard or draft, mainly non-organic, organic is a precept, what usually happens is that they unfold in two different laws, so that the law governing private TV, broke into 2, the previous one that was very tiny and another called LO electoral advertising on private channels (2 arts.). The trend in these cases is no longer the case and normally set all in one statement.

Art. 81 EC numbers of IT subjects of this article’s reference to fundamental rights and public freedoms (arts. 15 to 29) is complicated. In fact, these laws develop precepts of the Constitution, and sometimes are not essential aspects of these laws may be supplemented by legislation of the CCAA, which no longer have an organic nature.

The minimum content that should be the substance of the right, art. 53.1 CE.

Second, are the subject of IT which approved the general electoral system. Not only the elections to Parliament, but all the rules governing general election (including municipal or European for example). Those who do not understand that they are general lessons are the Assemblies of CCAA CCAA because each provides its regulation.

The third type of matter, are the Statute of Autonomy. Each statute (art. 147) is the basic institutional norm of each Autonomous Community. The EC also establishes the minimum content of the statutes.

The reform of the Constitution has a special procedure that takes place in 2 phases:

– That the requirements of the statute itself. It will be a bill voted by the Legislative Assembly.

– Second stage takes place in Parliament, which is processed as the special.

The procedure varies according to the Statute of Autonomy is small or large. The first, the project presented to the plenary of the Parliament by a delegation of 3 members of the Assembly. It takes into consideration and then begins a processing similar to L. Ord. with the peculiarity that the procedure can not be abbreviated.

The procedure in the statutes large is more complicated because in reality means that in these cases the corresponding Autonomous Assembly appointed a conference and a committee that will work with the appropriate Courts. 2 papers work in parallel and have to agree. Subsequently, the Commission is the same. After that, there is usually a referendum.

06/05/10

• Delegated legislation: RULES AND LAWS OF CONSOLIDATED TEXTS.

They are known as delegated legislation and is embodied in art. 82 EC. The Parliament may delegate to the Government the power to issue rules with the force of law with regard than that of the 2 types of delegated legislation:

Basic Law: assume that the text of a law to set to 2 for 2 different times and different organs. The first stage is the approval of the bases. Second point is the articulation of these bases.

Cortes is a law containing the general principles of law. When approved, includes a clause called delegation, which is an item that must appear explicitly in the law authorizing the Government to develop the bases in a given period. The delegation must occur to the Government as such and not to any Ministry or Commission.

Authorization of the delegation can not authorize the modification of the basic law by the Government, nor to empower the Government rules retroactively (art. 83).

The text is developed by government and the peculiarity is that it will adopt a legislative decree on the matter of the bases (Article 85). In a legislative decree, because it has the same status as a law, and therefore can not be challenged in court.

Consolidated texts of law: art. 82.5 CE. It is the result of a Basic Law of delegation clause in which it is established is that the Government may merge the subject of those bases with an earlier law that repeals.

Such recasting may be either referred to a single text, or harmonizing the legal texts that are to be recast.

In the first case states that in a given subject and apply these standards are put one after another.

In the second case we say that these matters governed by this rule and a rule is built incorporating the new ones just added and old.

In any case, the text prepared by the Government is again a legislative decree, therefore, appealed to the jurisdiction.

For particularly complex matters have been given the 2 cases, but would mean 2 different times with 2 different delegations.

• STANDARDS FROM ACTING EXECUTIVE IN LAW: THE LAW DECREES.

There are other kinds of standards within the scope of which are not made entirely by the parliament.

Decree Law (art. 86). These are standards developed by the Government as a matter of law. They are issued in case of extraordinary and urgent need, as long as the matters to which they refer are not excluded by the EC (basic state institutions, rights, duties and freedoms of the EC Title I, the regime of the CCAA and general electoral law). As their investigation, the legislation was approved by the Government and should be debated in full immediately (30 days of enactment) by the Congress of Deputies.

The processing of this material has some special features:

– A general debate, you can not modify the text of the Decree Law is approved or rejected. If it is rejected, once published rejection, lose force. If approved, the President of Congress to ask if some group wants to become Bill. If any group says yes, it begins processing. 30% or so of Decrees Act are subject to processing or bill.

The deal with matters on which the Decrees are very limited, mostly budget range.

13/05/10

• THE RULES OF PROCEDURE FOR APPROVAL AND CÁMARAS.ÁMBITO.

Regulations of the Congress and Senate, Art. 72 CE “The Chambers establish their own rules” and are the rules implementing the constitution and govern the organization and functioning of the House.

Are developed as a normal bill, but ends up requiring an absolute majority for approval (similar to the LO).

– The regulation was adopted only in a camera.

– The regulation defines a field of impenetrability, the matter of regulation can not be modified rather than the regulation itself.

– In matters where there is some impact on the regulation, that a particular law provides extra parliamentary body has to appear before parliament (ie, that the Ombudsman has to appear once a year to parliament because required to the Organic Law of the Ombudsman).

– Your rank and specialty, make it a matter protected against any law.

– The parliament is a closed environment that has its own rules, the most important is the rule, but not the only, sometimes the president of the complete camera with some standard regulations simply approving the agreement of the Board of Spokesmen . In practice, these standards are lower but they modify the rules because the rules can only be challenged on constitutional grounds.

The court recognized this as the “internal corporis.” The application of the regulations makes the camera bodies and have no other sanction than the policy does make public the mistake and face the next election the voters decide.

The regulation has special features, the most important is that its validity can be suspended by unanimous vote of the camera (does not apply to a provision of the regulations for a specified period after that period circumstantial and are returning to their validity).

In fact the regulation is as a contract made by parliamentarians to regulate itself and as is done in a contract if the parties will be modified.

• RULES FROM THE EXECUTIVE. REGULATIONS, Royal Decrees and Ministerial Order.

It is an additional provision of a law, which can not change and whose relevance to the law may be tried by ordinary courts (approving 10 to 15 thousand a year).

The word regulation has 2 uses:

1 .- The generic layout from a government body, is generally not used the term regulation, if not the term used to describe the agreements adopted by an organ of the administration:

Council of Ministers Decree

Ministerial Order Ministry

Circulars à DGs

The hierarchy is something that applies across the board.

Law

Royal Decree

Ministerial Order

Circular.

• INTERNATIONAL TREATIES. Structure and procedure.
  They are agreements between two or more states on a given subject, which can be very generic (Alliance of friendship or peace) or very specific (establishing the boundary of a particular place).

Have varied greatly matters of international treaties over the years, though sometimes appear above the remains of historical circumstances which today has a rather small effect.

To the stage of constitutional regimes, the sovereign was the King and this was the one who could authorize treaties. Typically, the kings who were to sign treaties that are not trading them (the officials negotiated dependent on the administration of the King).

However, as staff did not have enough power to force states, bringing the treaty to the king would ratify it. There was thus two moments: one, the treaty and the other the ratification (used to sign the ambassadors, diplomats from each country, the latter called Ministers Plenipotentiary).

When it reaches the stage of constitutionalism change the sovereign, and therefore who must ratify the treaty is the parliament on behalf of the sovereign is the people.

Since the nineteenth century, the firm is still done by a government official, and the ratification has to take to parliament, to discuss whether or not the resolution adopted by the diplomats.

Already in the twentieth century after the founding of the UN has begun to emerge to a proliferation of international agreements on all types of materials that are signed not only bilaterally, but multilaterally. The mechanism of development and production of treaty change.

1, are prepared by the Secretariat of the International (UN secretariat and others).

2 º is negotiated, usually representatives of the poses what seems good or not for your state and what can and can not fulfill: making reservations to a treaty (like when you say you met without certain aspects).

3 º who signed the treaty and reservations are requested, which is a formulation of the treaty and a list of permissible reservations.

4 º is submitted for signature by the States (if signed 2 comes into force or takes them to sign a minimum number of states have to sign to enter into force).

Treaties to expand on many subjects, there are times when treaties are signed on matters that do not have a law, so it does not require the intervention of parliament.

Our Constitution addresses the issue of treaties in Chapter III of Title III, and the distinction is made on decisions requiring authorization by the Cortes and agreements that do not.

Those who require authorization by the Cortes are numbered in the art. 94.1 CE:

– Treaties political

– Treaties military

– Treaties of territorial integrity or the fundamental rights and duties

– Treaties which involve financial obligations

– Treaties which involve amendment or repeal of any law.

In matters that do not have force of law, art. 94.2 EC, the Parliament will only be informed about them.

Treaties require approval of the Cortes, are treated in similar way to a law, albeit with some specialties:

Amendment of treaties:

1 .- The same firm (not sign the treaty amendment to all)

2 .- asks if you accept the treaty, accepted some of the stocks included in the treaty itself (amendment to the articles).

3 .- It calls for making a reservation under the treaty (amendment to the whole).

Once approved in Congress, is sent to the Senate, and assuming that the Senate propose a text which differs from the sent by the Congress, not returned to Congress, but establishing an intermediate step, creating a joint commission Senators and Representatives to propose a text for approval in both chambers.

If the text does not receive the approval of both chambers of Congress vote prevail over the Senate.

In the end the Court authorized the ratification of the treaty, but instead, is ultimately the king who ends up signing the treaty.

A treaty is therefore a law, a regulatory framework and changes only by the procedures say the treaty itself, this cancellation is what is known as the denunciation of a treaty, and must follow the same procedures that had its approval.

It may happen that a treaty might affect the Constitution, then, provides the possibility to consult the Constitutional Court to rule stating whether or not there is contradiction, if any, before we can conclude the treaty should be amend the Constitution.

When the Constitution was drafted and planned this, Art. Of course the 93 attributed to a competent international organization or institution mandated by the Constitution, in which case it can be regulated by an Act.

19/05/10

• CALL THE COMMUNITY ACQUIS. ORIGIN LAW AND LEGISLATION.

At the end of World War II begins a revival of old ideas that had to get a process of rapprochement and unification of European States, which was the result of military action.

Fragmentation occurs in Europe by the appearance of the Iron Curtain in the year 1948 (line separating the states of the Soviet Union and Western Democracy).

Movements begin to mark the cornerstone to differentiate the states was the recognition of fundamental and human rights was done in Europe.

It will create in 1949 called the Council of Europe, which is an international organization with an ideological meaning is established to promote the ideals and principles that constitute the common heritage and the protection of human rights. The form will initially 10 states are: France, Italy, Denmark, Norway, Sweden, United Kingdom, Ireland.

Little by little they are going to admit other states such as Greece and Turkey, Germany, Spain, in 1977. At present there are 40 countries that are part of the European Council.

It is going to adopt a European Convention on Human Rights, establishing a European Court of Human Rights, and they can turn the citizens of the Member States, having exhausted all means of protection in that country there and consider that their rights have not been met.

States are signatories to the agreement undertake to accept and implement the judgments of the Court, giving a portion of their sovereignty.

Then begins a movement to create international institutions in Europe.

1 In 1951 he created the ECSC (European Coal and Steel Community). This part of France, Germany, Italy and the 3 Benelux countries: Belgium, Netherlands and Luxembourg.

The purpose of the ECSC was to create a regulatory authority over possible conflicts in the use and ownership of large coal mines and steel control of Europe.

2 ° After creating the Western European Union, which has the purpose of defense.

3 In 1957 he created two institutions EURATOM (European Atomic Energy Community) and the European Economic Community (EEC).

The EEC is primarily a customs union, to try to reduce the disappearance of customs among members of the community of the EEC. They joined the same 6 countries: France, Germany, Italy and Benelux.

England sees the emergence of enough reluctance EEC and creates a rival organization which is called the EFTA (European Free Trade Association), including Denmark, Norway, Sweden, Austria, Portugal and Switzerland. This partnership will fail because of the growth of the EEC.

The common feature of all these institutions is the institutional side that have:

Assembly: representatives of different States

High Authority (Head of State): representatives of all States

Commission: that would be the executive agencies that are created.

Court: to resolve conflicts

(They have a federal state scheme)

This set of institutions is to grow in the number of Member States, the first major change will occur in 1973 with the entry of UK, Ireland and Denmark. A few years earlier tried to enter Britain but France objected.

In 1979 Greece entered in 1986 Spain and Portugal (the EU-6 is 9). In fall 1995 Austria, Finland and Sweden, and other states fragmented behind the communist bloc. Today is 27 and there are several pending applications for admission.

The problems of the EEC have been the same since its inception:

1 .- Expansion: the characteristic of institutions is that all there representing states that are part of them, by expanding the members to be expanded components and modify the treaty bodies to accommodate the new, so which change the power structure.

This generates a series of conflicts, because initially treated initials are not merged are juxtaposed, but in 1992 began a process of unification of those treated with the Single European Act, by reason of self-government bodies disappear each treaty, in order to create institutions common to different subjects handled by the renowned and European Union.

From 2001 begins the process of creating a European Constitution, there will be different treaties: Maastricht, Amsterdam, Nice, who are adding skills to the bodies.

The terminology is changing, disappearing the Assembly, the High Authority, ECSC and are replaced by a system with:

European Parliament elected by the citizens of the various members of the EU under the participation quotas assigned to them.

Council of Heads of State and Government: usually meet 2 times a year, although there is representation at a lower level to keep a secretary, called the Committee of Permanent Representatives (Coreper).

Commission: kind of regime that has the problem of the current 27 members (the only one who keeps his terminology).

The policy framework:

The set of rules covering the EU is what is known as the acquis communautaire which is composed of 2 types of rules initially:

1 .- founding Treaties, which constitute the primary law of the EU.

2 .- normative acts adopted by the various bodies are what constitute the so-called secondary legislation, in turn, there are two types of fundamental standards.

2.1. Regulations (European Law) standards developed by the European Parliament and contain a comprehensive regulation.

2.2. Directives (equivalent to laws under our Constitution), framework laws, are rules that contain some sort of regulation bases, bases that each State must incorporate into its legislation so that it is possible to its Constitution. The state may choose the means by which incorporates the framework law. Directive, but it is mandatory to incorporate it and if so could face sanctions.

2.3 Recommendations and opinions: these are agreements that have institutional but views are not binding (an opinion not required).

2.4. Rules of Procedure of Cooperation: pacts or agreements between states that want to regulate a subject because they are concerned apart from others.

Example: Schengen Treaty, abolition of borders of the signatory States

Treaty of the Euro, not all Member States are in the single currency (Ireland is not Schengen, but euro. England, is no).

10/05/10

LESSON XIX. SYSTEM LIMITS MATERIALS TO ALL PUBLIC AUTHORITIES.

• ORIGIN AND PRINCIPLES OF THE THEORY OF FUNDAMENTAL RIGHTS.

Jewish and Hellenistic tradition, which later merged into Christianity will coincide in highlighting the dignity and substantive equality.

This is first configured in the field of private law, seek a balance in trade and business exchanges since all people are equal.

Later equality will refer to relations between individuals and public authorities, and Christian doctrine, will give legal form to certain principles of Roman law, referring to the existence of a natural law, which would be the projection of the law God on the social order.

This natural right, will serve to impose an ethical limit to the conduct of rulers, which if passed will lead to accusations of ethical and political, but not to individual citizens.

• RECOGNITION AND UNIVERSAL HISTORY. THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND OTHER INTERNATIONAL AGREEMENTS.

It will be as a result of religious wars, when incorporated into legal content type, the first fundamental right that is recognized from the legal point of view is the right to freedom of conscience, freedom of thought. Start here to confirm the basis of fundamental rights, which is the ethical or moral substratum of human rights, legal recognition will be much later, beginning with the current illustration.

The rights will be legally capture first in the constitutions of the American colonies (Virginia Bill of Rights).

From here will go to the French Revolution, with reaching a global impact through the Declaration of the Rights of Man and Citizen.

These statements are characterized forth the rights to an absolute and universal, these rights are conceived as defining the scope of individual freedom against the state.

There are historic rights, but human nature itself, are political budgets before the state, these first-generation rights are not granted, it is proclaimed, and belong to men by nature.

Throughout the nineteenth century European constitutions are incorporated statements rights to its text, is incorporated in the dogmatic part of the structure of the Constitutions.

Its content has varied from country to country and over time. They can be classified into 3 categories, in the sense that they have since joined more political concept.

Rights related to the concept of political freedom.

These rights have a negative sense, are set as limits on state action, are what define an area of ​​the person in which the state can not come to their standards, personal freedom of thought, physical and legal security, freedom address, secret communications, and so on.

These rights refer to isolated individuals to a specific person.

Rights have to see the formation of a democratic state (liberties or political rights).

Rights that have to do with the expression of ideas, freedom of the press, academic, assembly, and refer to the sharing of power by the citizens or to a common defense against the action of state power. They often exercise group, although individual recognition.

Rights attached to the welfare state.

These rights are positive, the state seeks to perform certain activities to achieve greater equality of individuals. Right to education, health, housing, work, etc..

The Constitutions of the first stage (1789-1868), all collect only the rights associated with political freedom and some isolated political rights.

From the second half of the nineteenth century, and begins collecting the rights and freedoms. Later in the twentieth century, from the Mexican Constitution of 1917 and also from the Soviet revolution are starting to pick up the so-called social rights.

After the setback supposed fascism in Europe, there is a need to seek a universal recognition of rights. One of the first things he did was to make the UN Universal Declaration of Human Rights (12/10/1948) to this universal declaration must add some solidarity pacts and agreements (International Covenant on Civil and Political Rights and the Covenant on Economic Social and Cultural Rights).

As we see there was a desire that these rights be recognized in all constitutions, but in the case of the UN only has interpretive effect. But in the case of Europe is binding and countries can be pursued by the European Court of Human Rights in Strasbourg.

• SYSTEM OF FUNDAMENTAL RIGHTS OF THE SPANISH CONSTITUTION, level of protection.

Contained in Part I, Chapter II and III. Reflects fundamental rights in a very wide, the largest in the world, recognizes virtually all individual rights capable of being in a treaty, but are attributed different levels of effectiveness and graduates in different categories (3).

– Maximum Forward Rights protected

– Rights to protect ordinary direct

– Right to indirect protection

Maximum Forward-protected rights. Include all individual rights of political freedom and all freedoms.

Ordinary direct protection rights. Rights that can be characterized as resulting from equal citizenship.

Rights of indirect protection. They are guiding principles of social and economic policy.

The first section are in the arts. 14, 15-29 and 30.

Article 14 For the same

Arts. 15-29 to fundamental rights and liberties

À art. 30.2 of conscientious objection.

Their assurances are:

1 .- The content of these rights can only be regulated by Law, there is no regulation of the CCAA, nor by Decree Law (Arts. 15-29).

2 .- All of these rights have a summary procedure and preferred to protect them, are contained in Art. 53.2 (priority and brevity) [arts. 14, 15-29].

– Can lead to amparo before the Constitutional Court (Articles 14, 15-29 and 30.2).

3 .- The reform process requires the worse.

The second group are arts. 30-38, section 2 of Chapter 2, which are the rights and duties of citizenship.

1 .- You have to be regulated by law (fit those of the CCAA, but can not be regulated by Decree Law).

2 .- The protection of these rights takes place before the ordinary courts, with a standard procedure.

Those of the third category includes guiding principles of social and economic policy, arts. 39-52.

1 .- These principles are fundamental rules and therefore has to become standards, protection of these rights can only be obtain through the laws that develop, if they are developed by law can not be claimed.

Example: handicapped, right to housing, work, etc..

• SUBJECTS OF FUNDAMENTAL RIGHTS IN THE SPANISH CONSTITUTION

Who are the subjects of rights?

The Constitution varies the subject almost arbitrarily, the Spanish, all the communities. The constituent is not who the subject is raised.

Fundamental rights belong to individuals, and not the law. There are some rights as the right to honor, communications have been recognized as legal persons in case law, but other rights as the right to life is fundamental and unique individuals, but such religious freedom is attributed to communities.

• NATIONALITY STATUS AS FULL RECOGNITION OF RIGHTS. RIGHTS OF ALIENS. EVOLUTION OF THE LAW AND THE CASE LAW OF TC.

It is more difficult to clarify whether the rights recognized in the Constitution apply to Spanish or to foreigners. Art. 13 stipulates that foreigners in Spain have recognized rights in the terms established by treaty or by law, and yet they are not subject to the right of art. 23, unless it is established by a treaty in terms of reciprocity.

Also on the art. 13 can vote and be elected in the municipal citizens of the European Union and some Latin America.

11/05/10

The law referred to art. 13 EC for foreigners is the Aliens Act. The first Aliens Act of democracy in 1985, law that are granted some rights but restrict others. Ultimately it was a compendium of the jurisprudence of the Constitutional Court stating that the rights of foreigners were strictly legal setting, that is, the law could grant or restrict.

The 1985 Act was challenged by the Ombudsman before the TC. The TC resolved in 1987 by radically changing its previous case law saying that art. 13 should be interpreted in relation to art. 14 (equality before the law). Therefore, the rights of foreigners have to be the same as the Spanish, except the right to vote. The only thing that can modulate the law is the practice of law, not ownership.

The 1985 Act finally be declared unconstitutional. As was vacuum created a regulation that was supplying the law.

During the first term of PP presented various initiatives which led to a consensus text. There was a peculiar situation, all groups agreed with the Aliens Act until the last process, the PP backing up. This generous act was a law regarding the recognition of rights. The law despite the opposition would like LO 4 / 2000. After the elections MA, proceed to change the law through the LO 8 / 2000. Between the two laws is an important difference, the latter made an important difference between resident aliens and non-residents, since non-residents should not have any rights or at least trimmed. These rights include: assembly, association, union, strike and right to education (post-delegatory). This law 8 / 2000 was challenged before the Constitutional Court and finally the TC in several judgments highlights of 11/2007 and 12/2007, recognizes that the requirement imposed by law on foreigners for the exercise of these rights, not living legally in Spain, is an unjustified and contrary to the EC, as these rights to all people reached by the fact of being, are inherent rights of the individual.

The latest amendment of the Aliens Act in December 2009, recognizes these rights and independent legal residence and includes the decisions of the TC. This does not mean that you can not modulate the right but not the title can be modulated.

• EQUALITY AND DIMENSIONS. JURISPRUDENCE OF TC.

Art. 14 EC says that the Spanish people are equal before the law. Although it refers to the Spanish, everyone understands. According to the TC equality has 3 levels:

1 .-Equality before the law, every citizen is entitled to the law applies to all citizens equally. To the principle of legality.

2 .- Equality in law: the legislator, not free to legislate distinctions that are not justified. The law can be unjust. Equality in law reduces the traditional tension between legal inequality and social inequality.

Affirmative action: they tend to favor an equal future, because they start from a situation of inequality. (Percentage of total seats for the disabled). These are temporary, otherwise it would indeed be discriminatory.

3 .- Equal application of the law is aimed at those who interpret or apply the law (judges, magistrates and administration). Individuals who apply the law must do so by equality. Before the same factual circumstances, is to reach the same consequences, but you can change the criteria provided they are motivated.

ITEM 20. ANALYSIS OF ELECTORAL SYSTEMS AND PUBLIC FREEDOMS.

• THE RIGHT TO LIFE AND PHYSICAL INTEGRITY.

The right to life.

The right to physical and moral integrity.

Prohibiting torture.

It prohibits the death penalty.

Who is the subject of right to life?

Everyone has the right to life. The sticking point is the unborn child. The jurisprudence of the TC in 1985, is a controversial statement, saying that the unborn child was not a person for purposes of full protection of the art. 15, but as a human project, constitutes a legal right and what it is to indicate that other legally can hit the continuance of life and what legal right must prevail.

Is the right to life includes the right to death? Does the State have the right to force someone to live? The interpretation of CT is that when a person endangers his life in a prison state agencies have an obligation to keep his life, the state is responsible for his life. Something different is when people are not in prison premises.

Regarding euthanasia, the TC said that there is no individual right to death. Different is that the consent of the person can nullify prosecutions against people who help him die.

Regarding torture, they are an act by which severe pain or suffering violate duties to obtain information or mere punishment.

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• THE RIGHT TO FREEDOM OF THOUGHT. RELIGIOUS FREEDOM.

Freedom of thought has a double projection:

Internal: each individual is entitled to take the ideological question it believes appropriate. There is no limit.

External: ability to act with others who share those ideas, without penalty or demerit by the authorities. This second projection is a limit, the maintenance of public order protected by law. Public order is not just the absence of disturbances, but also aspects of consciousness which would breach a widespread rejection of the entire community.

• PERSONAL LIBERTY. THE RIGHT TO HABEAS CORPUS.

Personal freedom is one of the freedoms that are typically set before the state, against him. It has a clear sense antigovernment. Be wary of any action committed by the executive who was not authorized by the judge.

In this case we speak of a series of guarantees for freedom.

Remand, conducted by FCS. This should not last longer than strictly necessary to establish the facts and in any case within 72 hours will released or charged. Procedures exist “Habeas Corpus”, which aims to bring to justice persons illegally detained.

Pretrial detention prison until the trial occurs. The EC says that the law should mark the maximum period of detention.

The TC said that the prohibition of freedom in its ultimate sense, which means any procedure that undermines personal liberty.

• THE RIGHT TO HONOR THE PERSONAL PRIVACY. FAMILY AND SELF-IMAGE.

They are aimed at the personality and dignity. They involve a reserved area against the actions of others. The subject may assign that right, ie, is quasi automatically available and low line protection (celebrities). These rights are closely related in a conflict with the right to information.

In relation to this right is the LOPRODAT.

Regarding the right of honor, the concept of honor is a variable concept. According to the TC is considered as a positive opinion from someone who has, good reputation and has also been applied to legal persons.

The constitutional concept of home extends beyond the educational concept. The home is the place where an individual lives, without being subject to the uses or social conventions (home, hotel room, roulat, etc.)..

Protecting the right of confidentiality of communications is in front of others, ie, a person who gets between sender and receiver. If this third party, such communication made public, would violate the right to privacy.

• Inviolability of domicile and freedom of residence.

People have a right to choose residence throughout the Spanish territory. This is a projection of art. 18.2, inviolability of the home. Freedom also comes ambulatory.

LESSON XXI. PUBLIC OR RIGHTS OF PARTICIPATION AND ITS VALUE IN THE SYSTEM.

• FREEDOM OF EXPRESSION AND COMMUNICATION

Halfway between personal rights and political rights. Presents many conflicts over other rights. The TC said that freedom of expression is a democratic system is fundamental to a plural thinking. Therefore, the closer we are from the public, will be more protected freedom of expression.

We must distinguish between freedom of expression (ideas) and freedom of information (made newsworthy). On freedom of information, the TC says it is not necessary that the facts are true, but they are required to be true, ie that are sufficiently tested. This law is in conflict with Art. 18.

Another freedom of information is academic freedom, freedom is the teacher to present their ideas. The more the public is the center and make higher education, greater academic freedom is given.

• RIGHT OF ASSEMBLY

It is developed by a LO This law distinguishes between meetings indoors or between places of transit (demonstration). The right of assembly is not subject to prior authorization, but if you have advance notice so that the FCS can protect public order. If no statement of responsibility for the events lies with the promoters of the event. A meeting or demonstration may be refused for reasons of public order.

• RIGHT OF ASSOCIATION

It includes a double projection:

Staff: people can freely associate with any organization.

Collective right to have associations to act freely. Legal personalities.

The associations are subject to a secondment to acquire legal personality.