Spanish Legislative Procedures: Ordinary and Organic Laws

Posted on Aug 27, 2025 in Law & Jurisprudence

Spanish Legislative Procedures

Ordinary Laws (75.2 EC)

Article 75.2 EC: “The chambers may delegate to the legislative standing committees the approval of bills. However, the House may at any time require the debate and vote on any bill that has been the subject of delegation.”

Parliamentary Act Procedure

  1. Ordinary or common processing.
  2. Plenary – Commission – Plenary: First, the bill is debated in its entirety in plenary. Then, it is organized within a committee, and finally, it returns to the plenary for approval.

Law Commission Procedure

1. Delegation to a Legislative Committee (Articles 148 and 149, RCD 130-132 RS):

1a. Rules of Congress:

  • Delegation is excluded if the House agrees to debate and vote on the entire bill or specific parts quickly.
  • Legislative delegation is not possible for projects or bills vetoed by the House or amended by the Senate.
  • The Plenary may reclaim the debate and final vote at any time, even before the committee debate begins.

2. Rules of the Senate:

  • Delegation and its revocation are adopted by proposal of the Bureau or a group of twenty-five senators.
  • Delegation is excluded if a commission hypothetically adopts a veto, which must be ratified or rejected by the House.

Delegated Matters

  • Constitutional reform.
  • International questions.
  • Organic laws.
  • Base laws.
  • PGE (General State Budgets).

Delegated Procedures: Full debate and consideration.

Organic Laws (Article 81 EC)

Article 81 EC:

  1. “Organic laws are those relating to the development of fundamental rights and public freedoms, those approving the Statutes of Autonomy and the general electoral system, and others provided for in the Constitution.”
  2. “The approval, amendment, or repeal of organic laws requires an absolute majority in Congress in a final vote on the entire project.”

Legal Nature

1. Relationship with Ordinary Laws:

  • The principle of competition applies.
  • Organic laws are treated similarly to ordinary laws for certain materials reserved by the Constitution, requiring special treatment.

2. Scope of Organic Law: Strict Interpretation:

  • While certain matters are reserved for organic law, organic laws are also reserved for these specific matters. Acts encroaching on matters reserved for ordinary law would be unconstitutional.

3. “Related” Matters:

  • Related issues are also regulated by law. However, for systematic, thematic, or legislative policy reasons, subjects strictly reserved for organic law may be included.
  • Subsequently, organic law can only include requirements exceeding the strict reserve if it develops the core content and constitutes a necessary complement.

Scope of Material

  • Development of Fundamental Rights and Public Liberties (DDFF LLPP): Not all rights in Title I are covered, only those in Section 1, Chapter II (Articles 15 to 29).
  • Statutes of Autonomy.
  • General electoral system.
  • Other matters specified by the Constitution.

Procedure

1. Absolute Majority Vote in the House of Representatives:

  • Approval requires more than half of the present deputies.

2. Senate Veto Procedure:

  • The Senate may veto a bill. Overriding this veto requires an absolute majority.