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What it is

Bill to let the Constitutional Court review autonomy statutes before approval

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 22 December 2011. Introduced by: Grupo Parlamentario de Unión Progreso y Democracia.

Official title: Private member's bill for an Organic Law regulating the prior appeal of unconstitutionality.

Source: Congreso de los Diputados, file 122/000027· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would bring back the Recurso previo de inconstitucionalidad A challenge filed with the Constitutional Court before a rule is approved, to check whether it fits the Constitution., a review that lets the Constitutional Court examine drafts of autonomy statutes before they are approved. It would not apply to organic laws.
  2. Only those already allowed to challenge autonomy statutes could file the challenge, and the deadline would be three days from when the final text of the draft is completed. Filing it would automatically pause the drafting process and all deadlines.
  3. If the Court finds the text unconstitutional, it must state which constitutional provisions are violated, and the process could not continue unless those provisions are removed or amended. If there is no unconstitutionality, the procedure continues.
  4. For challenged statutes, the fifteen-day period set by Article 91 of the Constitution for the King to sign laws would start counting only after the Constitutional Court issues its ruling.

Who it affects

  • The Spanish Parliament (Cortes Generales) and the Government: They would have to pause work on an autonomy statute while the challenge is resolved and wait for the Court's ruling before the King signs it.
  • The Constitutional Court: It could review drafts of autonomy statutes before they take effect.
  • Spain's autonomous communities: Their drafts of new or reformed autonomy statutes could face this prior review.

Words worth knowing

Recurso previo de inconstitucionalidad
A challenge filed with the Constitutional Court before a rule is approved, to check whether it fits the Constitution.
Estatuto de Autonomía (autonomy statute)
The basic rule of each autonomous community, similar to a regional mini constitution.
Ley orgánica (organic law)
An especially important type of law that the Constitution requires a strengthened majority in Congress to pass.
Sanción real (royal assent)
The King's signature, which under the Constitution must happen within fifteen days after a law is passed.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced22 December 2011Someone registers the text in the Congreso.
  2. Admitted28 December 2011The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Dec 2011Dec 2012Dec 2013Dec 201411. 22 December 2011: Presentación22. 28 December 2011: Boletín Oficial de las Cortes Generales Publicación desde 28/12/2011 hasta 05/01/201233. 28 December 2011: Calificación44. 5 January 2012: Gobierno Contestación desde 05/01/2012 hasta 07/03/201255. 7 March 2012: Pleno Toma en consideración desde 07/03/2012 hasta 27/10/201566. 27 October 2015: Concluido - (Caducado) desde 27/10/2015 hasta 20/11/2015

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.