Spanish Constitution: Fundamental Rights and Principles

Posted on Dec 11, 2024 in Law & Jurisprudence

SPANISH CONSTITUTION

Preamble

The preamble outlines the fundamental principles of the Constitution and the objectives of its rules.

Preliminary Title

These are the first nine articles:

  • Article 1 defines National Sovereignty and the form of government.
  • Article 2 addresses the unity of the nation and guarantees autonomy rights.
  • Article 3 proclaims Castilian Spanish and other co-official languages.
  • Article 4 describes the Spanish flag (red-yellow-red) and acknowledges regional flags.
  • Article 5 establishes Madrid as the Spanish capital.
  • Article 6 addresses the free establishment of political parties.
  • Article 7 concerns the free creation of labor unions and business associations.
  • Article 8 states that the Armed Forces are responsible for ensuring Spain’s independence and sovereignty, regulated by an organic law.
  • Article 9 establishes the Constitution as the supreme law.

Title I: Fundamental Rights and Duties

Article 10 addresses individual rights, such as dignity and human rights.

Chapter One: Spaniards and Foreigners

  • Article 11 addresses the rules of nationality.
  • Article 12 establishes the age of majority at 18 years.
  • Article 13 deals with the rights of foreigners in Spain, for example, the right to vote is restricted.

Chapter Two: Rights and Freedoms

  • Article 14 states that all are equal before the law.
  • Article 15 affirms the right to life and physical integrity.
  • Article 16 guarantees the right to religious and ideological freedom.
  • Article 17 addresses the right to liberty and security.
  • Article 18 guarantees the right to honor, privacy, self-image, and secrecy of communications.
  • Article 19 establishes freedom of residence and movement throughout the country.
  • Article 20 addresses freedom of expression, with limitations regarding age and violations of other rights, such as honor or privacy.
  • Article 21 guarantees the right to peaceful assembly without arms.
  • Article 22 establishes the right of association, excluding illegal or paramilitary associations.
  • Article 23 affirms citizens’ right to participate in public affairs and elections, and to be eligible for public office.
  • Article 24 guarantees the right to a judicial order, protection from helplessness, and the right not to testify about crimes, except in cases governed by other laws.
  • Article 25 addresses the principle of legality and paid work for prisoners.
  • Article 26 prohibits Courts of Honor.
  • Article 27 affirms the right to education and freedom of education.
  • Article 28 guarantees the right to strike and join unions.
  • Article 29 addresses the right of petition.
  • Article 30 establishes the obligation of Spain’s defense and compulsory military service (no longer in effect).
  • Article 31 outlines the principles of the tax system and the payment of public expenditures (taxes).
  • Article 32 affirms the right to marriage.
  • Article 33 guarantees the right to private property and inheritance, according to the law.
  • Article 34 establishes the right to foundations for general interest purposes.
  • Article 35 affirms the right and duty to work, with free choice of profession.
  • Article 36 states that Professional Boards shall be governed by law.
  • Article 37 guarantees the right to collective bargaining.
  • Article 38 establishes freedom of enterprise.

Chapter Three: Guiding Principles of Social and Economic Policy

  • Article 39 mandates the protection of the family (social, economic, and legal) and, especially, children (including divorce provisions).
  • Article 40 promotes social progress and economic development.
  • Article 41 guarantees medical care and unemployment benefits through social security.
  • Article 42 mandates the safeguarding of migrants abroad.
  • Article 43 protects the health of citizens and encourages sports.
  • Article 44 promotes access to culture, science, and research.
  • Article 45 affirms the right to an adequate environment.
  • Article 46 guarantees the preservation and promotion of heritage.
  • Article 47 establishes the right to housing and the prevention of land speculation.
  • Article 48 promotes youth participation in political, economic, social, and cultural life.
  • Article 49 mandates the protection of the physically and mentally disabled.
  • Article 50 guarantees pensions for retirees and the protection of the elderly.
  • Article 51 guarantees the defense of consumers and users of services, as provided by law.
  • Article 52 states that the law shall regulate professional organizations.

Chapter Four: Guarantees of Fundamental Rights and Freedoms

  • Article 53 addresses the protection of rights and freedoms and the right to petition for *amparo*.
  • Article 54 establishes the existence of an Ombudsman, regulated by organic law.

Chapter Five: Suspension of Rights and Freedoms

Article 55 states that some rights and freedoms may be suspended under specific terms and limits.

Title II: The Crown

  • Article 56 establishes the King as the Head of State and outlines some of his personal rights.
  • Article 57 states that the Crown is hereditary to the successors of the current King and outlines succession criteria.
  • Article 58 states that the Queen cannot assume constitutional functions.
  • Article 59 addresses the possibility of a regency in the absence of the King.
  • Article 60 addresses the guardianship of a minor King.
  • Article 61 states that the King shall be sworn in and perform his duties properly.
  • Article 62 outlines the various functions of the King.
  • Article 63 addresses the international functions of the King.
  • Article 64 states that the King’s acts shall be countersigned by the Prime Minister, who is responsible for them.
  • Article 65 addresses the allowances given to the King for his support and the organization of the Royal House.

Title III: The Cortes Generales

Chapter One: The Chambers

  • Article 66 states that the Cortes Generales represent the people, are formed by the Congress and the Senate, and are inviolable.
  • Article 67 prohibits being a member of both chambers simultaneously and states that members are not bound by a mandatory mandate.
  • Article 68 establishes the composition of the Congress of Deputies (300 to 400) and its election process.
  • Article 69 establishes the composition of the Senate and its territorial representation, with a four-year term.
  • Article 70 outlines grounds for incompatibility and ineligibility, to be determined by electoral law.
  • Article 71 states that Deputies and Senators are inviolable and immune, except in cases of *flagrante delicto*.
  • Article 72 addresses the rules of the Chambers.
  • Article 73 addresses the sessions and special sessions of the Chambers.
  • Article 74 addresses joint meetings of the Chambers and decision-making processes.
  • Article 75 states that the Chambers operate in plenary sessions and committees for the approval of bills.
  • Article 76 allows the Chambers to appoint committees of inquiry into matters of public interest, with sanctions regulated by law.
  • Article 77 allows the Chambers to receive petitions and refer them to the Government.
  • Article 78 establishes a Permanent Deputation in each Chamber, with at least 21 members representing the parliamentary groups.
  • Article 79 addresses the system for making agreements, requiring approval by a majority of members present.
  • Article 80 states that the sessions of the Chambers shall be public.

Chapter Two: The Drafting of Laws

  • Article 81 defines organic laws as those relating to fundamental rights and public freedoms, those approving the Statutes of Autonomy, the general electoral system, and others under the Constitution, requiring an absolute majority in Congress for approval.
  • Article 82 allows Parliament to delegate to the Government the power to make rules with the force of law on specific matters.
  • Article 83 addresses the limits of basic laws.
  • Article 84 addresses opposition to a law contrary to a valid legislative delegation.
  • Article 85 addresses legislative decrees.
  • Article 86 allows the Government to issue provisional decree-laws in urgent cases.
  • Article 87 establishes the legislative initiative of the Government or the Chambers, and also allows for popular initiative (with 500,000 signatures).
  • Article 88 states that law projects will be approved by the Council of Ministers and submitted to Congress.
  • Article 89 states that the processing of bills will be governed by the rules of the Chambers and handled in Congress.
  • Article 90 addresses the approval of laws in the Senate, including the possibility of a veto within two months.
  • Article 91 states that the King shall sanction laws passed by the Cortes Generales within 15 days and order their publication.
  • Article 92 allows important political decisions to be submitted to a referendum, convened by the King and regulated by an organic law.

Chapter Three: International Treaties

  • Article 93 states that treaties may be authorized by organic law.
  • Article 94 states that certain treaties require prior authorization by the Cortes Generales.
  • Article 95 mandates a constitutional revision if a treaty contains stipulations contrary to the Constitution, with the Government determining the existence of a contradiction.
  • Article 96 states that international treaties, once proclaimed in Spain, form part of domestic law.

Title IV: Government and Administration

  • Article 97 states that the Government exercises executive power and leads domestic and foreign policy.
  • Article 98 establishes the composition of the Government (President, Vice-Presidents, Ministers, and other members established by law) and states that the law shall regulate the status of its members.
  • Article 99 outlines the process for proposing a new candidate for President each time the Government is renewed, requiring a majority vote for election.
  • Article 100 states that other members of the Government are elected by the King upon the proposal of the President.
  • Article 101 states that the Government will cease after elections, resignation, or the death of the President.
  • Article 102 states that the responsibility of members of the Government may be required before the Criminal Chamber of the Supreme Court.
  • Article 103 states that the Public Administration serves the general interest and is subject to the law, including in its selection process.
  • Article 104 states that the Security Forces and Corps shall ensure the safety of citizens and their rights and freedoms.
  • Article 105 states that the law shall regulate the hearing of citizens in the development of administrative rules that affect them.
  • Article 106 states that the Courts control the legality and performance of the Administration.
  • Article 107 establishes the State Council as the Government’s advisory body, regulated by organic law.

Title V: Relations between the Government and the Cortes Generales

  • Article 108 states that the Government is accountable to Congress.
  • Article 109 allows the Chambers to obtain necessary information from the Government.
  • Article 110 allows the Chambers to demand the presence of members of the Government, who have access to the sessions of the Chambers.
  • Article 111 states that the Government must respond to questions and interpellations in the Chambers, which may give rise to a motion.
  • Article 112 allows the President to submit a question of confidence on his program to Congress, requiring a majority vote.
  • Article 113 allows Congress to hold the Government accountable through a motion of censure, proposed by at least one-tenth of the Deputies and approved by Congress.
  • Article 114 states that if Congress denies confidence to the Government, the Government shall submit its resignation to the King.
  • Article 115 allows the President to propose the dissolution of Congress, the Senate, or the Cortes Generales, to be proclaimed by the King, followed by elections.
  • Article 116 states that an organic law shall regulate states of alarm, emergency, and siege, to be declared by the Government in a decree agreed upon in the Council of Ministers.

Title VI: Judicial Power

  • Article 117 states that justice emanates from the people and is administered by judges and magistrates, who cannot be dismissed, suspended, transferred, or retired except in specific cases.
  • Article 118 mandates compliance with sentences imposed by judges and courts and the collaboration required by them.
  • Article 119 states that justice shall be free, especially when there are no means to litigate.
  • Article 120 states that judicial proceedings shall be public.
  • Article 121 establishes the right to compensation for damages caused by judicial error.
  • Article 122 states that the organic law of the judiciary will determine the establishment, functioning, and administration of courts and tribunals.
  • Article 123 establishes the Supreme Court as the highest court in all respects, with its President appointed by the King on the proposal of the General Council of the Judiciary.
  • Article 124 states that the Public Prosecutor has a duty to promote justice in defense of citizens’ legal rights and ensure the independence of the courts, exercising its functions through its own bodies, subject to the principles of legality and impartiality.
  • Article 125 allows citizens to exercise popular action and participate in the Administration of Justice.
  • Article 126 states that the Judicial Police depend on judges, courts, and prosecutors and shall ensure the apprehension of offenders.
  • Article 127 states that judges, magistrates, and prosecutors may not hold other public office or belong to political parties or unions.

Title VII: Economy and Finance

  • Article 128 states that the country’s wealth is subject to the general interest and recognizes public initiative in economic activity.
  • Article 129 states that workers may participate in Social Security and public bodies.
  • Article 130 mandates that public authorities promote the modernization and development of all economic sectors.
  • Article 131 allows the State to plan general economic activity by law to meet collective needs.
  • Article 132 states that the law shall regulate public property, State Heritage, and National Heritage.
  • Article 133 grants the State the power to levy taxes by law.
  • Article 134 states that the General State Budget will be prepared by the Government and approved annually by Parliament.
  • Article 135 states that the Government must be authorized to borrow money and issue debt.
  • Article 136 states that the Court of Auditors manages the State’s finances and depends on the Cortes Generales.

Title VIII: Territorial Organization of the State

Chapter One: General Principles

  • Article 137 states that the State is organized into municipalities, provinces, and Autonomous Communities, which enjoy autonomy in their management.
  • Article 138 states that the State guarantees the principle of territorial solidarity and equality.
  • Article 139 states that all Spaniards have the same rights and obligations in any territory of the State.

Chapter Two: Local Government

  • Article 140 guarantees municipal autonomy, with government and administration falling under the Municipalities.
  • Article 141 defines the province as a local entity with its own legal personality, and states that islands will also have their own administration.
  • Article 142 states that local treasuries must have sufficient means to carry out their duties.

Chapter Three: Autonomous Communities

  • Article 143 addresses access to self-government and Autonomous Communities, including the initiative in the autonomy process.
  • Article 144 allows the Cortes Generales to act in the Autonomous Communities through organic law.
  • Article 145 prohibits the federation of Autonomous Communities but allows them to cooperate with each other.
  • Article 146 states that the Statute of Autonomy shall be drawn up by an assembly composed of members of the deputation of the affected provinces.
  • Article 147 establishes the Statutes as the basic institutional rules of each Community.
  • Article 148 outlines 22 areas in which Autonomous Communities may assume competences.
  • Article 149 outlines 32 areas in which the State has exclusive competence.
  • Article 150 allows the Cortes Generales to give Communities the power to enact legislation for themselves.
  • Article 151 addresses the Statute of Autonomy under special arrangements.
  • Article 152 addresses the organs of the Autonomous Communities.
  • Article 153 states that the Government, the Constitutional Court, the administrative-contentious jurisdiction, and the Court of Auditors shall monitor the activity of the organs of the Communities.
  • Article 154 states that a Government delegate shall direct the administration of the State in the territory of the Community.
  • Article 155 states that if a Community does not meet its constitutional obligations, the Government may take necessary measures for compliance.
  • Article 156 establishes the financial autonomy of the Autonomous Communities.
  • Article 157 addresses the resources of the Autonomous Communities.
  • Article 158 allows for allocations to the Autonomous Communities in the General State Budget.

Title IX: The Constitutional Court

  • Article 159 establishes the composition of the Constitutional Court (12 members appointed by the King: 4 proposed by Congress, 4 by the Senate, 2 by the Government, and 2 by the General Council of the Judiciary), with members appointed for nine years and renewed every three years.
  • Article 160 states that the President of the Constitutional Court shall be appointed from among its members by the King for a period of 3 years.
  • Article 161 states that the Constitutional Court has jurisdiction over Spanish territory and may be challenged by the Government.
  • Article 162 outlines who is entitled to lodge appeals of unconstitutionality and *amparo*.
  • Article 163 addresses raising the question of constitutionality with the Constitutional Court.
  • Article 164 states that the judgments of the Constitutional Court shall be published in the Official State Gazette (BOE).
  • Article 165 states that an organic law shall regulate the Constitutional Court.

Title X: Constitutional Amendment

  • Article 166 states that the initiative for constitutional reform is exercised pursuant to paragraphs 1 and 2 of Article 87.
  • Article 167 states that ordinary constitutional reforms must be approved by a majority of three-fifths of each chamber.
  • Article 168 states that a complete revision of the Constitution requires approval by a two-thirds majority of each chamber.
  • Article 169 prohibits amending the Constitution in time of war.

Additional Provisions

Four provisions clarifying some points raised in the articles.

Transitional Provisions

New arrangements for the Spanish territories and Autonomous Communities.

Repeal Provision

Repeal of some previous laws.

Final Provision

Entry into force of the Constitution.