Spanish Parliament: Structure, Composition, and Functions

Posted on Oct 15, 2024 in Law & Jurisprudence

1. General Courts

1.1. Nature of the Parliament

The Spanish Parliament, representing the Spanish people and national sovereignty (Art. 66.1 CE), comprises the Congress of Deputies and the Senate. Key features include:

  • Constitutional Bodies: The Congress, Senate, Crown, Government, General Council of Judicial Power, and Constitutional Court are constitutional bodies, holding a high position in the political organization.
  • Bicameral Structure (Art. 66.1 CE): Both chambers participate in the legislative process.
  • Permanent Yet Discontinuous: While permanent bodies, they operate discontinuously, with the Permanent Deputation acting during recess periods.
  • Key Functions:
    • Approving the General State Budget
    • Controlling government action
    • Exercising other powers conferred by the Constitution

1.2. Composition of the Parliament

a) Bicameralism: Congress and Senate

Spain utilizes imperfect bicameralism, where the Congress of Deputies holds more power than the Senate. Perfect bicameralism, with equal power distribution, exists elsewhere but with slight budgetary and financial differences.

b) Membership of the Congress of Deputies

  • Minimum 300, maximum 400 seats (Art. 68 CE).
  • Deputies are elected through universal, free, equal, direct, and secret ballot (LO 5/1985 of the LOREG).

c) Institutional Position of the Congress

The Congress, with a 4-year term (Art. 68 CE), represents the citizens (electors) and is composed of elected politicians (eligible).

d) Composition of the Senate (250 Senators)

Representing the territories, the Senate comprises:

  • Four senators from each province.
  • Two senators each from Ceuta and Melilla.
  • Senators elected by majority system with universal suffrage (Art. 69 CE).

The Senate’s territorial representation has been subject to criticism. Most senators (208) are elected through popular representation within provinces. A smaller number (42) are designated by Autonomous Communities (Art. 69.5 CE). The Senate’s term is 4 years (Art. 115 CE).

e) Institutional Position of the Senate

Key functions of the Senate include:

  • Sharing legislative initiative with the Congress, including initiating constitutional reform.
  • Acting as a co-legislator (Art. 90 CE).
  • Participating in appointments to other state bodies (e.g., Articles 159 and 122.3 CE).
  • Joint sessions with Congress on decisions related to the Crown.
  • Specific functions related to Autonomous Communities.
  • Exercising control functions (Articles 109-111 CE).
  • Introducing vetoes and amendments to bills from Congress.

Despite these functions, the Senate rarely initiates legislation.

2. Statute of Parliamentarians

2.1. Privileges of Parliament: Inviolability and Immunity

Parliamentarians’ privileges, often referred to as prerogatives, safeguard their function, not as individual benefits. These privileges protect against external actions that could hinder their legislative and government oversight roles. Spanish jurisprudence emphasizes the representative nature of these privileges, shifting from a liberal constitutionalism approach to a stronger defense of the parliamentary office. These privileges are functional, tied to the position, not personal. They protect against attempts to constrain their activities as representatives of national sovereignty.