The Cortes Generales: Structure, Functions, and Powers of the Spanish Parliament

Posted on Jun 8, 2024 in Law & Jurisprudence

The Cortes Generales

Organ or Representative: Includes representatives of the Spanish people and consists of the Congress of Deputies (CD) and the Senate. It is the central system of political and legislative power, and its members have a representative mandate.
Complex Organ: Bicameral constitutional organ regulated by the Spanish Constitution (EC).
Permanent Organ: Permanent institution whose members have a temporary mandate. Members are elected by the people through periodic elections for a 4-year term. The presence of the courts is permanent and continues after legislatures are exhausted. Permanent deputations continue exercising functions assigned by law.
Inviolable and Autonomous Organ: The EC provides maximum protection and freedom to make agreements. Hence its sanctity, through irresponsible actions. Acts by deliberation and decides by majority. Autonomy can be: regulatory (regulation principle), internal governance (choosing members for high organs), administrative (staff serving the public administration), and budgetary (budget approved autonomously).

Open Bicameralism: The role of the Senate is not strictly defined, and its relationship with the CD is open to interpretation.
Unequal Bicameralism: Unequal in the composition of each chamber and the functions of each chamber.
Composition:
- CD: Chosen by the people (350 members). Each province chooses 2 members, except for Ceuta and Melilla, which choose 1 seat each.
- Senate: Each province elects 4 Senators, insular provinces elect 3 Senators, Ceuta and Melilla elect 2 Senators each, and 1 Senator is chosen per Autonomous Community for every 1,000,000 inhabitants.
Functions: The CD has primacy and most legislative functions. The Senate’s opposition is weak and can be easily circumvented. The CD has 12 functions, and the Senate has 6. The Senate is a chamber of second reading of laws; for example, a law created by the CD is referred to the Senate for analysis and amendments and then back to the CD for its initial configuration.

Representation Approach: The CG represents the people of Spain. The CD represents population, while the Senate represents the territories.
Seats:
- State: Between 300-400 in the CD and 208 in the Senate.
- Autonomous: Depends on the number of Autonomous Communities.
- Local: Scaled by population.
- European: Number according to European legislation.
Constituencies:
- State: Province and district.
- Autonomous: Province or equivalent.
- European: Domestic territory electoral district.
Lists:
- State: Closed and blocked for the CD and open for the Senate.
- Autonomous: Determined by autonomous electoral laws.
Electoral Formulas:
- State: D’Hondt method with a 3% electoral barrier for the CD and a majoritarian system for the Senate.

Acquisition, Loss, and Suspension of Condition: Full parliamentary condition is acquired by swearing to abide by the EC. Members must first prove they are not incompatible (e.g., being a member of the royal family, condemned to disqualifying penalties). Loss of parliamentary status occurs through mandate depletion, early dissolution, death, resignation, or court decision. Suspension occurs due to a final sentence involving disqualification, disciplinary reasons, etc.
Prerogatives of Parliament:
- Inviolability: Total freedom of expression for life. Members are not subject to liability for expressions associated with their office.
- Immunity: Cannot be arrested.

President: Each chamber chooses its president. The CD President chairs joint meetings. Functions include administrative duties, management, and representation.
Bureau: Governing body composed of the chamber president, 4 vice presidents, and 4 secretaries. Functions include governance, administration, management, etc.
Board of Spokespersons: Composed of the president and a spokesperson from each parliamentary group. Functions include policy direction and setting the agenda.
Parliamentary Group: A group of parliamentarians with shared ideas. Their function is to express the ideology of the chamber groups.
Plenary: Consists of all members and is convened by the President on their initiative or at the request of two members of the parliamentary groups.
Committees: Smaller groups with membership responsible for preparing for further discussion in the plenary. There are various types (permanent legislative, non-legislative, legislation, etc.).
Parliamentary Diploma: Awarded by each chamber to 21 members.

Shared legislative power with the government.
Budget approval: The CG reviews, amends, and adopts the budget.
No executive can govern without the confidence of Parliament and the people. This relationship is specified with the figure of the investiture. The government will be formed as long as it has an absolute majority related to the candidate and their program of action. This confidence should be maintained throughout the mandate. At any time, Congress can request a vote of censure, or the government can request a vote of confidence.
Both chambers are subject to government control by asking questions, requesting information on fees, etc.
Senate Functions: Limited control of government action, approves by majority the government’s proposals to force the Autonomous Communities to meet their obligations, and introduces amendments or opposes its veto in the CD’s projects.
Congress Functions: The President intervenes to choose the government, raises a confidence vote by the parliamentary groups, deliberates and approves the initial draft of the law, approves, amends, or repeals the final vote on the law.