Spanish Constitution: Rights, Freedoms, and Organization

Posted on Nov 2, 2024 in Law & Jurisprudence

Spanish Constitution

Chapter I: Of Spaniards and Foreigners

Article 11

Spanish nationality is acquired, retained, and lost according to the law.
No Spaniard by birth may be deprived of their nationality.
The State may negotiate dual nationality treaties with Latin American countries or those with special links to Spain. In these countries, Spanish citizens may be naturalized without losing their original nationality, if those countries grant reciprocal rights.

Article 12

Spaniards are those over eighteen years of age.

Article 13

Foreigners in Spain enjoy the public freedoms guaranteed by this Title, as established by treaties and law.
Only Spaniards hold the rights under Article 23, except where reciprocity is established by treaty or law for voting and standing in municipal elections.
Extradition is granted only pursuant to a treaty or law, based on the principle of reciprocity. It excludes political crimes, unless they are acts of terrorism.
The law establishes the terms under which citizens of other countries and stateless persons may enjoy the right to asylum in Spain.

Chapter II: Rights and Freedoms

Section I: Fundamental Rights and Freedoms of the Public

Article 14

All Spaniards are equal before the law, without discrimination based on birth, race, sex, religion, opinion, or any other personal or social circumstance.

Article 15

Everyone has the right to life and physical and moral integrity and may not be subjected to torture or cruel, inhuman, or degrading treatment. The death penalty is abolished, except as may be provided for in military criminal law during wartime.

Article 16

Freedom of thought, religion, and worship is guaranteed for individuals and communities, restricted only as necessary to maintain public order, as protected by law.
No one may be compelled to testify about their ideology, religion, or beliefs.
No religion shall have a state character. Public authorities shall take into account the religious beliefs of Spanish society and maintain appropriate cooperative relations with the Catholic Church and other confessions.

Article 17

Everyone has the right to liberty and security. No one can be deprived of their liberty except as provided in this Article and by law.
Preventive detention may last no longer than strictly necessary for investigations, and in any event, no later than seventy-two hours. The detainee must be released or made available to judicial authority.
Any arrested person must be immediately informed of their rights and reasons for arrest and may not be compelled to testify. Legal assistance is guaranteed during police and judicial proceedings.
The law shall regulate a writ of habeas corpus for the immediate release of anyone illegally arrested. The law also determines the maximum duration of pretrial detention.

Article 18

The right to honor, personal and family privacy, and image is guaranteed.
The home is inviolable. No entry or search may occur without consent or court order, except in cases of flagrante delicto.
The secrecy of communications is guaranteed, particularly postal, telegraphic, and telephonic communications, except by judicial decision.
The law will limit the use of information technology to ensure honor, personal and family privacy, and the full exercise of rights.

Article 19

Spaniards have the right to freely choose their residence and travel throughout the country. They also have the right to freely enter and exit Spain, as established by law. This right may not be limited for political or ideological reasons.

Article 20

1. To freely express and disseminate thoughts, ideas, and opinions by any means.
2. To produce and disseminate literary, artistic, scientific, and technical information.
3. Academic freedom.
4. To freely communicate or receive truthful information by any media. The law shall regulate the right to the clause of conscience and professional secrecy in the exercise of these freedoms.
The exercise of these rights cannot be restricted by censorship.
The law shall regulate the organization and parliamentary control of state-dependent media and ensure access for significant social and political groups, respecting pluralism and Spain’s various languages.
These freedoms are limited with respect to the rights recognized in this Part, by the precepts of the Law for its implementation and, especially, the right to honor, privacy, self-image, and the protection of youth and children.
The seizure of publications, recordings, and other media can only occur under court order.

Article 21

The right to peaceful assembly without weapons is recognized. Prior authorization is not required.
For meetings in public places and demonstrations, prior notification to the authority is required. They may only be prohibited with reasonable grounds for disorderly conduct or endangering persons or property.

Article 22

The right of association is recognized.
Associations that pursue criminal ends or use illegal means are prohibited.
Associations formed under this article shall register for advertising purposes.
Associations may only be dissolved or have their activities suspended by reasoned court order.
Secret and paramilitary associations are prohibited.

Article 23

Citizens have the right to participate in public affairs directly or through freely elected representatives in periodic elections by universal suffrage.
They also have the right to equal access to public office, with requirements established by law.

Article 24

All persons are entitled to effective judicial protection in the exercise of their rights and interests, without lack of defense.
Everyone is entitled to a predetermined judge, defense and legal assistance, to be informed of charges, a public trial without undue delay, to use relevant evidence, not to incriminate themselves, not to plead guilty, and the presumption of innocence.

The law shall regulate cases where individuals are not compelled to testify due to relationship or professional secrecy.

Article 25

No one may be convicted for actions or omissions that did not constitute a crime, misdemeanor, or administrative offense under the laws in force at the time.
Custodial and security measures are geared towards rehabilitation and social reintegration and may not involve hard labor. Those imprisoned retain fundamental rights, except those expressly restricted by the sentence, its meaning, and the Prisons Act. They are entitled to paid work and social security earnings, and access to culture and personal development.
The Civil Administration may not impose sanctions that directly or indirectly imply deprivation of freedom.

Article 26

Courts are prohibited in the area of honor from the Civil Administration and professional organizations.

Article 27

Everyone has the right to education. Freedom of teaching is guaranteed.
Education is directed to the full development of the human personality, respecting democratic principles of coexistence and rights and freedoms.
Public authorities guarantee the right of parents to ensure their children receive religious and moral instruction according to their convictions.
Elementary education is compulsory and free.
Public authorities guarantee the right to education through general educational planning, with the participation of all affected sectors and educational establishments.
Individuals and legal entities have freedom to establish educational establishments, in compliance with constitutional principles.
Teachers, parents, and students participate in the control and management of publicly funded centers, as established by law.
Public authorities inspect and standardize the educational system to ensure compliance with laws.
Public authorities shall assist schools that meet the requirements established by law.
The autonomy of universities is recognized, as established by law.

Article 28

Everyone has the right to freely organize. The law may restrict or except the exercise of this right for the Armed Forces or other bodies subject to military discipline and shall regulate the peculiarities of its exercise by civil servants. Trade union freedom includes the right to form and join unions of their choice and the right of unions to form confederations and to found or join international union organizations. No one shall be compelled to join a union.
Workers have the right to strike to defend their interests. The law governing the exercise of this right shall establish safeguards to ensure the maintenance of essential community services.

Article 29

All Spaniards have the right and duty to submit individual and collective written requests, in the form and with the effects determined by law.
Members of the Armed Forces or bodies subject to military discipline may only exercise this right individually and in accordance with specific legislation.

Section II: Rights and Duties of Citizens

Article 30

Spaniards have the right and duty to defend Spain.
The law shall determine the duties of military service and regulate conscientious objection, as well as other grounds for exemption, and may impose alternative service.
Civil service may be established for accomplishing objectives of general interest.
The law may govern the duties of citizens in cases of serious risk, catastrophe, or public calamity.

Article 31

All contribute to public expenditure according to their economic capacity, through a fair tax system based on the principles of equality and progressiveness, which shall not be confiscatory.
Public expenditure shall make an equitable allocation of public resources, and its programming and execution shall comply with criteria of efficiency and economy.
Personal or property taxes of a public nature may be imposed by law.

Article 32

Men and women are entitled to marry with full legal equality.
The law shall regulate forms of marriage, the age and capacity to contract, rights and duties of spouses, grounds for separation and dissolution, and their effects.

Article 33

The right to private property and inheritance is recognized.
The social function of these rights delimits their content according to law.
No one shall be deprived of their property or rights except for reasons of public utility or social interest, with proper compensation according to law.

Article 34

The right of establishment for purposes of general interest is recognized, in accordance with the law.
Foundations are also subject to the provisions of paragraphs 2 and 4 of Article 22.

Article 35

All Spaniards have the duty to work and the right to work, to freely choose a profession or trade, to advancement through work, and to sufficient income to meet their needs and those of their family, without sex discrimination.
The law shall regulate a Workers’ Charter.

Article 36

The law shall regulate the legal status of professional associations and the exercise of regulated professions. Their internal structure and functioning must be democratic.

Article 37

The right to collective bargaining between workers’ and employers’ representatives and the binding force of conventions is guaranteed.
Workers and employers have the right to collective action. The law regulating this right shall establish safeguards to ensure the functioning of essential public services.

Article 38

Freedom of enterprise within a market economy is guaranteed. Public authorities guarantee and protect its exercise and the protection of productivity according to the requirements of the general economy and, where appropriate, planning.

Chapter III: Guiding Principles of Social and Economic Policy

Article 39

Public authorities shall ensure the social, economic, and legal status of the family.
Public authorities shall ensure the full protection of children, who are equal before the law regardless of parentage or marital status. The law provides for the investigation of paternity.
Parents must provide assistance to children born within or outside marriage during their minority and in other cases as applicable by law.
Children enjoy the protection provided by international agreements safeguarding their rights.

Article 40

Public authorities shall promote conditions conducive to social and economic progress and more equitable regional income and employment distribution, as part of a policy of economic stability. They shall pursue full employment.
Public authorities shall promote a policy guaranteeing professional training and retraining; ensure safety and health at work; and ensure necessary rest through the limitation of working hours, periodic holidays with pay, and the promotion of suitable facilities.

Article 41

Public authorities shall maintain a public social security system for all citizens, guaranteeing adequate social assistance and benefits in situations of need, especially in case of unemployment. Assistance and benefits shall be optional.

Article 42

The State shall give special consideration to safeguarding the economic and social rights of Spanish workers abroad and shall direct its policy towards their return.

Article 43

The right to health protection is recognized.
Public authorities organize and protect public health through preventive measures and benefits and services. The law shall establish the rights and duties of all in this respect.
Public authorities shall foster health education, physical education, and sport. They shall also encourage the proper use of leisure.

Article 44

Public authorities shall promote and protect access to culture, to which all are entitled.
Public authorities shall promote science and scientific and technical research in the public interest.

Article 45

Everyone has the right to enjoy an adequate environment and the duty to preserve it.
Public authorities shall ensure the rational use of natural resources to protect and improve the quality of life and preserve and restore the environment, relying on collective solidarity.
Those who violate the preceding paragraph shall face criminal or administrative penalties and the obligation to repair the damage.

Article 46

Public authorities shall guarantee the preservation and promotion of the historical, cultural, and artistic heritage of the peoples of Spain. Criminal law shall punish offenses against this heritage.

Article 47

All Spaniards have the right to decent and adequate housing. Public authorities shall promote the necessary conditions and establish appropriate standards to make this right effective, regulating land use to prevent speculation. The community will participate in the benefits accruing from urban activities of public bodies.

Article 48

Public authorities shall promote conditions for the free and effective participation of youth in political, social, economic, and cultural life.

Article 49

Authorities shall conduct a policy of prevention, treatment, rehabilitation, and integration for those with physical, sensory, and mental disabilities, providing specialized care and special protection for the enjoyment of rights granted to all citizens.

Article 50

Public authorities shall guarantee, through adequate and periodically updated means, a sufficient income for citizens in old age. They shall also promote their welfare through a system of social services that addresses health problems, housing, culture, and leisure, regardless of family obligations.

Article 51

Public authorities shall guarantee the protection of consumers and users, protecting their safety, health, and legitimate economic interests.
Public authorities shall promote consumer and user information and education, foster their organizations, and hear them on issues that may affect them, as established by law.
The law shall regulate domestic trade and the system of licensing commercial products, under the provisions of the preceding paragraphs.

Article 52

The law shall regulate professional organizations that contribute to the defense of their economic interests. Their internal structure and operation must be democratic.

Chapter IV: Guarantees of Fundamental Rights and Freedoms

Article 53

The rights and freedoms set forth in Chapter II of this Title are binding on all public authorities. Only law, which must respect their essential content, may regulate the exercise of these rights and freedoms, in accordance with Article 161.1.a.
Any citizen may seek the protection of the freedoms and rights recognized in Article 14 and Section I of Chapter II before the ordinary courts through a preferential and summary procedure and, where appropriate, through the writ of amparo before the Constitutional Court. This latter procedure shall apply to conscientious objection as recognized in Article 30.
The recognition, respect, and protection of the principles recognized in Chapter III are reported in positive legislation, judicial practice, and actions of public authorities. They may only be invoked before the ordinary courts in accordance with the laws available to develop them.

Article 54

An organic law shall regulate the institution of the Ombudsman, as a high commissioner of the Cortes Generales, appointed by them to protect the rights contained in this Title. For this purpose, they may supervise the activity of the administration and inform Parliament.

Chapter V: Suspension of Rights and Freedoms

Article 55

The rights recognized in Articles 17, 18 (paragraphs 2 and 3), 19, 20 (paragraphs 1.d and 5), 21, 28 (paragraph 2), and 37 (paragraph 2) may be suspended when a state of emergency or siege is declared, as provided in the Constitution. An exception applies to paragraph 3 of Article 17 in the event of a declaration of a state of emergency.
An organic law may determine how and in what cases, individually and with necessary judicial intervention and adequate parliamentary control, the rights recognized in Articles 17 (paragraph 2) and 18 (paragraphs 2 and 3) can be suspended for certain persons in connection with investigations of the activities of armed bands or terrorist elements.
Unwarranted or abusive use of the powers conferred by that Act leads to criminal liability as a violation of the rights and freedoms recognized by law.

Government and Administration

Article 97

The Government directs domestic and foreign policy, civil administration, and the military and defense of the state. It exercises executive and statutory authority under the Constitution and laws.

Article 98

The Government consists of the President, the Vice-President (where appropriate), Ministers, and other members established by law.
The President directs the Government and coordinates the functions of its members, without prejudice to their competence and direct responsibility in managing them.
Members of the Government may not perform representative functions other than those of a parliamentary mandate, nor any other public function not deriving from their office, or professional or commercial activity whatsoever.
The law shall regulate the status and incompatibilities of the members of the Government.

Article 99

After each renewal of the Congress of Deputies, and in other constitutional cases, the King, after consultation with representatives designated by the political groups represented in Parliament, and through the President of Congress, nominates a candidate for President of the Government.
The proposed candidate submits to the Congress of Deputies the Government’s political program and seeks the confidence of the House.
If Congress grants its confidence to the candidate by an absolute majority of its members, the King appoints them President. If that majority is not reached, the same proposal is submitted to a new vote forty-eight hours later, and confidence is granted if it obtains a simple majority.
If, after this vote, confidence is not obtained, successive proposals are handled as provided in the preceding paragraphs.
If, within two months after the first investiture vote, no candidate has obtained the confidence of Congress, the King dissolves Congress and calls new elections.

Article 100

Other members of the Government are appointed and dismissed by the King at the proposal of its President.

Article 101

The Government shall resign after general elections, in cases of loss of parliamentary confidence, or by resignation or death of its President.
The outgoing Government shall continue in office until the inauguration of the new government.

Article 102

The criminal responsibility of the President and other members of the Government is payable before the Criminal Chamber of the Supreme Court.
Charges of treason or crimes against state security in the exercise of their functions may only be brought at the initiative of a quarter of the members of Congress and with the approval of an absolute majority.
The royal prerogative of pardon does not apply to any of the assumptions of this article.

Article 103

The Public Administration serves the general interest objectively and acts according to the principles of efficiency, hierarchy, decentralization, deconcentration, and coordination, being fully subject to law.
Bodies of the State Administration are established, directed, and coordinated according to law.
The law regulates the status of public officials, access to public service according to merit and ability, the peculiarities of the exercise of their right to organize, the system of incompatibilities, and the guarantees of impartiality in the performance of their duties.

Article 104

Security Forces, under the jurisdiction of the Government, have the duty to protect the free exercise of rights and freedoms and guarantee public security.
A law specifies the duties, basic principles of action, and status of Security Forces.

Article 105

The law shall regulate:

The hearing of citizens, directly or through organizations and associations recognized by law, in the process of drafting administrative rules affecting them.
Citizens’ access to administrative files and records, except those affecting state security and defense, crime investigations, and individual privacy.
The procedure by which administrative acts must occur, ensuring, where appropriate, a hearing.

Article 106

Courts control the regulatory powers and legality of administrative action, and the latter is subordinated to the ends that justify it.
Individuals are entitled to compensation for harm suffered to their property and rights, except in cases of force majeure, when such harm results from the operation of public services.

Article 107

The State Council is the supreme advisory body to the Government. An organic law shall regulate its composition and competence.

Part VIII: Territorial Organization of the State

Chapter I: General Principles

Article 137

The State is organized territorially into municipalities, provinces, and autonomous communities. All these entities enjoy autonomy in managing their respective interests.

Article 138

The State guarantees the effective implementation of the principle of solidarity enshrined in Article 2 of the Constitution, ensuring an adequate economic balance and fair balance between the various parts of Spanish territory, with particular regard to the circumstances of the islands.
Differences between the Statutes of the Autonomous Communities may not involve economic or social privileges.

Article 139

All Spaniards have the same rights and obligations in any part of the State.
No authority may adopt measures that directly or indirectly hinder freedom of movement and establishment of persons and free movement of goods throughout Spanish territory.

Chapter II: Local Administration

Article 140

The Constitution guarantees the autonomy of municipalities. They enjoy full legal personality. Their government and administration correspond to their respective Town Councils, consisting of Mayors and Councilors. Councilors are elected by the residents of the municipality by universal and equal suffrage, free, direct, and secret ballot. Mayors are elected by the councilors or by the neighbors. The law shall regulate the conditions under which the applicable council regime is open.

Article 141

The province is a local entity with legal personality, determined by the grouping of municipalities and territorial division for the performance of government activities. Any change of provincial boundaries must be approved by the Cortes Generales by organic law.
The government and autonomous administration of the provinces are entrusted to Provincial corporations or other representative bodies.
Different groups of municipalities within the province can be created.
In archipelagos, islands will also have their own administration in the form of Cabildo or Insular Council.

Article 142

Local treasuries must have sufficient means to carry out the duties that the law accords to the respective Corporations and are replenished primarily from their own taxes and participation in State and Autonomous Community revenue.

Chapter III: Autonomous Communities

Article 143

In exercising the right to autonomy recognized in Article 2 of the Constitution, bordering provinces with common historical, cultural, and economic characteristics, island territories, and provinces with historic regional status may accede to self-government and become autonomous, as provided in this Part and in the respective statutes.
The initiative for the autonomy process corresponds to all the Member concerned or the corresponding inter-organ and two thirds of the municipalities whose population represents at least a majority of the electorate of each province or island. These requirements must be met within six months of the first resolution adopted thereon by any of the local authorities concerned.
The initiative, if unsuccessful, may be renewed after five years.

Article 144

Parliament, by law, may, on grounds of national interest:

Authorize the creation of an Autonomous Community when its territorial area does not exceed that of a province and does not fulfill the conditions of paragraph 1 of Article 143.
Authorize or grant a Statute of Autonomy to territories not integrated into the provincial organization.
Act on the initiative of the local Corporations referred to in paragraph 2 of Article 143.

Article 145

The federation of Autonomous Communities is not permitted.
Statutes may provide for the circumstances, conditions, and terms under which Autonomous Communities may reach agreements for the management and delivery of services, and the nature and purposes of relevant communication to Parliament. In other cases, cooperation agreements between Autonomous Communities require authorization by the Cortes Generales.

Article 146

Draft regulations are prepared by an assembly composed of members of the Provincial Council or inter-island body of the affected provinces and Deputies and Senators elected in them and are elevated to Parliament for enactment into law.

Article 147

Under the terms of this Constitution, the Statute is the basic institutional norm of each Autonomous Community, and the State recognizes and protects them as part of its legal system.
The Statute of Autonomy must contain:
1. The name of the Community that best corresponds to its historical identity.
2. The demarcation of its territory.
3. The name, organization, and location of its own autonomous institutions.
4. The powers assumed within the framework established in the Constitution and the basis for the transfer of services related to them.
The reform of the Statute follows the procedure laid down therein and requires approval by Parliament, by law.

Article 148

Autonomous Communities may assume competences in the following areas:
1. Organization of their institutions of self-government.
2. Alterations of municipal boundaries within their territory and, in general, the functions appertaining to the State Administration of local corporations and whose transfer is authorized by legislation on Local Government.
3. Territorial planning, town planning, and housing.
4. Public works of interest to the Autonomous Community in its own territory.
5. Railways and roads whose routes lie exclusively within the territory of the Autonomous Community and, in the same terms, transport by the above means or by cable.
6. Ports of refuge, ports, and airports not engaged in commercial activities.
7. Agriculture and livestock, according to the overall management of the economy.
8. Mountains and forest use.
9. Environmental protection management.
10. Projects, construction, and operation of water use, canals, and irrigation of interest to the Autonomous Community; mineral and thermal waters.
11. Inland fisheries, shellfish and aquaculture, hunting, and river fishing.
12. Interior fairs.
13. Promoting economic development of the Autonomous Community within the objectives set by national economic policy.
14. Crafts.
15. Museums, libraries, and music conservatories of interest to the Autonomous Community.
16. Monuments of interest to the Autonomous Community.
17. The promotion of culture, research, and, where appropriate, teaching of the language of the Autonomous Community.
18. Promotion and management of tourism within its territorial area.
19. Promotion of sport and the proper use of leisure.
20. Social welfare.
21. Health and hygiene.
22. The monitoring and protection of its buildings and facilities. Coordination and other powers relating to local police forces in the terms established by an organic law.
After five years, and through reform of its statutes, the Autonomous Communities may expand their powers within the framework laid down in Article 149.

Article 149

The State has exclusive jurisdiction over the following matters:
1. Regulation of basic conditions guaranteeing the equality of all Spaniards in the exercise of rights and in fulfilling their constitutional duties.
2. Nationality, immigration, emigration, and asylum.
3. International relations.
4. Defense and Armed Forces.
5. Administration of Justice.
6. Commercial, criminal, and penitentiary law; procedural legislation, without prejudice to the necessary specialties in these fields arising from the particularities of the substantive law of the Autonomous Communities.
7. Labor legislation, without prejudice to its execution by bodies of the Autonomous Communities.
8. Civil legislation, without prejudice to the preservation, modification, and development by the Autonomous Communities of civil rights or special foral, where they exist. In any case, the rules concerning the implementation and effectiveness of legal norms, civil legal relations concerning the forms of marriage, keeping of records and public instruments, bases of contractual obligations, rules for resolving conflicts of laws, and identification of sources of law, with respect, in the latter case, the rules of law or special foral.
9. Legislation on intellectual property.
10. Customs and tariff regime, foreign trade.
11. Monetary system: foreign currency, exchange, and convertibility; bases for the regulation of credit, banking, and insurance.
12. Legislation on weights and measures, determining the official time.
13. Bases and coordinating the overall planning of economic activity.
14. General Finance and the State Debt.
15. Promotion and general coordination of scientific and technical research.
16. External health. Bases and general coordination of health. Legislation on pharmaceutical products.
17. Basic legislation and financial system of Social Security, without prejudice to the performance of their services by the Autonomous Communities.
18. The basis of the legal regime of public administrations and the statutory scheme of its officials in any case, to ensure a common treatment administered to them, the common administrative procedure, without prejudice to the special features of the proper organization of the Communities Autonomous, legislation on eminent domain, basic legislation on contracts and administrative concessions and the accountability system for all public administrations.
19. Sea fishing, without prejudice to the powers in the management of the sector assigned to the Autonomous Communities.
20. Shipping and flagging of vessels, lighting of coasts and maritime signals, ports of general interest, airports of general interest, control of airspace and air traffic, weather, and aircraft registration.
21. Railways and land transport crossing through the territory of more than one Autonomous Community, comprehensive communications system, traffic and motor vehicle traffic, post and telecommunications, air and underwater cables and radiocommunications.
22. Legislation, regulation, and provision of resources and use of water when the water flow through more than one Autonomous Community, and authorization of electrical installations when their use affects another community or the transport of energy out of its territory.
23. Basic legislation on environmental protection, without prejudice to the powers of the Autonomous Communities to establish additional standards of protection. The basic legislation on woodlands, forestry, and cattle trails.
24. Public works of general benefit or whose execution affects more than one Autonomous Community.
25. Bases of mining and energy.
26. System of production, trade, possession, and use of weapons and explosives.
27. Basic rules for press, radio, and television and, in general, all media, without prejudice to the powers it is developed and implemented by the Autonomous Communities.
28. Defense of cultural, artistic, and monumental Spanish heritage against exportation and spoliation; museums, libraries, and archives belonging to the State, without prejudice to their management by the Autonomous Communities.
29. Public safety, without prejudice to the possible creation of police forces by the Autonomous Communities in the manner established in the respective statutes under which an organic act.
30. Regulating the conditions for obtaining, issuing, and recognition of academic and professional qualifications and basic rules for the development of Article 27 of the Constitution to ensure compliance with the obligations of public authorities in this matter.
31. Statistics for State purposes.
32. Authorization for the convocation of popular consultations via referendum.
Without prejudice to the powers that be take the Autonomous Communities, the State considers the promotion of culture as a duty and an essential function and shall facilitate cultural communication among the Autonomous Communities, in accordance with them.
Matters not expressly assigned to the State by this Constitution may fall to the Autonomous Communities, under their respective statutes. The jurisdiction over the matters that have not been assumed by the Statutes of Autonomy for the State whose laws shall prevail in case of conflict, the Autonomous Communities in everything that is not attributed to the exclusive jurisdiction thereof. State law shall in any case, the residual right of the Autonomous Communities.

Article 150

The Cortes Generales, in matters of state jurisdiction, may allocate all or any of the Autonomous Communities the power to make for themselves legislation within the framework of the principles, bases, and guidelines set by state law. Without prejudice to the jurisdiction of the Courts, each Act will be established under the modality of control of the Parliament on such legislation in the Autonomous Communities.
The State may transfer or delegate to the Autonomous Communities, through Organic Act, powers for state-owned material that by its very nature is susceptible of transfer or delegation. The law shall, in each case, establish the corresponding transfer of financial means and forms of control to be retained by the State.
The State may enact laws establishing the principles necessary to harmonize the regulations of the autonomous regions, even in the case of matters attributed to concern them, when so required by the general interest. It is up to Parliament by an absolute majority of each House, the appreciation of this need.

Article 151

1. It will be necessary to wait a period of five years referred to in Article 148 paragraph 2 of the initiative for the autonomy process is agreed within theArticle 143.2, in addition to the Provincial Councils or corresponding inter bodies by three-quarters of the Municipalities of each of the affected provinces representing at least a majority of the electorate of each and the initiative be ratified by referendum by the affirmative vote of an absolute majority of voters in each province, in terms that establish a Basic Law.

2. In the case referred to in the preceding paragraph, the procedure for drafting the statute is as follows:

The Government shall summon all the Deputies and Senators elected in the districts within the territorial area seeking access to self-government to be established in Assembly for the sole purpose of drawing up the relevant draft Statute of Autonomy, by agreement of the absolute majority of its members.
Once the draft Statute by the Parliamentary Assembly shall be forwarded to the Constitutional Committee of Congress which, within two months, review it with the cooperation and assistance of a delegation from the Assembly proposing to determine, by mutual consent final form.
If agreement is reached, the resulting text will be submitted to a referendum of the electorate of the provinces within the territorial scope of the proposed Statute.
If the draft Statute is approved in each province by the majority of the votes validly cast, will be elevated to Parliament. The Plena of both houses decide upon the text by a vote of ratification. Adopted the Statute, the King shall sanction and promulgate it as law
Failure to reach the agreement referred to in paragraph 2 of this issue, the draft regulations are dealt with as a bill before the Parliament. The text adopted by them will be put to a referendum of the electorate of the provinces within the territorial scope of the proposed Statute. If approved by a majority of the valid votes cast in each province, shall be promulgated in the foregoing paragraph.

3. In the case of paragraphs 4 and 5 of the preceding paragraph, the failure to approve the draft statute for one or more provinces do not prevent the Constitution from the rest of the Autonomous projected in the form prescribed by the Act under paragraph 1 of this article.

Article 152.

1. In the Statutes approved by the procedure referred to in the preceding article, the institutional arrangements are based on an autonomous legislature elected by universal suffrage under a system of proportional representation which shall also assure the representation of different parts of the territory , a Governing Council with executive and administrative functions, and a President elected by the Assembly from among its members and appointed by the King, which has the direction of the Governing Council, the supreme representation of the respective communities and the ordinary State therein. The President and Council members shall be politically accountable to the Assembly.

A High Court of Justice, without prejudice to the jurisdiction for the Supreme Court, head of Judicial Power in the territory of the Autonomous Community. The Statutes of the Autonomous Communities may establish assumptions and forms of participation by those in the organization of the judicial districts of the territory. All in accordance with the provisions ofOrganic Law of Judicial Power and in the unity and independence of the latter.

Notwithstanding the provisions of Article 123, successive procedural instances, if any, will be exhausted before judicial bodies located in the same territory of the Autonomous Community in which he is the competent body in the first instance.

2. Once sanctioned and promulgated the respective statutes, but may be amended by the procedures laid down therein and a referendum of the electors registered in the corresponding electoral rolls.

3. By grouping bordering municipalities, the statutes may establish their own territorial constituencies which shall enjoy full legal personality.

Article 153.

Control of the activity of the organs of the Autonomous Communities shall be exercised:

On the Constitutional Court, concerning the constitutionality of its statutes having the force of law
For the Government, after consulting the State Council, the exercise of delegated functions referred to in paragraph 2 of Article 150.
For the administrative court, the autonomous administration and its regulations.
For the Court of Auditors, the economic and budget.

Article 154.

A delegate appointed by the Government directed the State administration in the territory of the Autonomous Community and shall coordinate, as appropriate, with the Community’s own Administration.

Article 155.

1. If an Autonomous Community does not fulfill the obligations that the Constitution or other laws impose, or acts in a way that is seriously prejudicial to the interest of Spain, the Government, upon request to the President of the Autonomous Community and, if not treated with the approval of the Senate by an absolute majority, adopt the necessary measures to compel forced them to fulfill these obligations or for the protection of that interest.

2. For the implementation of the measures provided in the preceding paragraph, the Government may issue instructions to all authorities of the Autonomous Communities.

Article 156.

1. The Autonomous Communities shall enjoy financial autonomy for the development and implementation of their powers under the principles of coordination with the State Treasury and solidarity among all Spanish.

2. The Autonomous Communities may act as delegates or agents of the State for the collection, management and liquidation of the latter’s tax resources, according to the Laws and Statutes.

Article 157.

1. The resources of the Autonomous Communities shall consist of:

Taxes wholly or partly by the State, surcharges on State taxes and other shares in State revenue.
Their own taxes, fees and special levies.
Transfers from an inter-territorial compensation fund and other allocations from the general State budget.
Revenues accruing from their property and private law income.
The proceeds of the credit operations.

2. The Autonomous Communities may under no circumstances introduce measures taxes on property located outside its territory or hinder the free movement of goods or services.

3. By Act shall regulate the exercise of financial powers set out in paragraph 1 above, the rules for resolving conflicts that may arise and possible forms of financial cooperation between the Autonomous Communities and the State.

Article 158.

1. In the State Budget may grant a temporary assignment to the Autonomous Communities depending on the amount of State services and activities they have undertaken and the guarantee of a minimum level in the provision of basic public services throughout Spanish territory.

2. In order to correct economic imbalances between areas and realize the principle of solidarity, constitute a compensation fund intended for capital expenditure, whose resources will be distributed by the Parliament among the autonomous regions and provinces, where appropriate.