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What it is

Bill would allow early challenges to autonomy statute reforms

Committee step 4 of 7 · Withdrawn

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 24 January 2014. Introduced by: Grupo Parlamentario Socialista.

Official title: Organic Private member's bill to amend Organic Law 2/1979, of October 3, on the Constitutional Court.

Source: Congreso de los Diputados, file 122/000140· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would bring back the prior unconstitutionality challenge for reforms of autonomy statutes. The goal is to avoid a text approved even by referendum being declared unconstitutional years later.
  2. The Constitutional Court would take on the prior constitutional review of these reform proposals, and of the prior challenges against them.
  3. The challenge could be filed within three days of the approved text being published in the Official Gazette of the Cortes Generales. The Court would have six months to rule, with priority over all other pending cases.
  4. If the Court finds the text constitutional, the process continues, including a referendum if one is required. If it declares it unconstitutional, the Cortes Generales would have to amend or remove the provisions named before moving forward.

Who it affects

  • Those with standing to challenge autonomy statutes: They could challenge autonomy statute reforms before the Constitutional Court in the same cases in which they can challenge the statutes themselves.
  • Constitutional Court (Tribunal Constitucional): It would have to rule on these challenges within six months and give them priority over other cases.
  • Cortes Generales (Spanish Parliament): If the Court declares a text unconstitutional, they would have to amend it or remove the named provisions before continuing.
  • Autonomous Communities: Their reform proposals could be challenged before taking effect.

Words worth knowing

Recurso previo de inconstitucionalidad
A challenge filed with the Constitutional Court before a rule takes effect, asking it to decide whether the rule complies with the Constitution.
Estatuto de autonomía
The basic rule of each Autonomous Community, passed by the Cortes Generales and, in some cases, approved by referendum.
Proposición de ley
A bill introduced by a parliamentary group; it is not yet an approved law.

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 4 of 7 steps. It reached Committee, and today it is withdrawn.

  1. Introduced24 January 2014Someone registers the text in the Congreso.
  2. Admitted28 January 2014The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments28 February 2014Groups propose changes.
  4. Committee11 June 2015A 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 12 official steps on a timeline
Mar 2014Jun 2014Sept 2014Dec 2014Mar 2015Jun 201511. 24 January 2014: Presentación22. 28 January 2014: Boletín Oficial de las Cortes Generales Publicación desde 28/01/2014 hasta 31/01/201433. 28 January 2014: Calificación44. 31 January 2014: Gobierno Contestación desde 31/01/2014 hasta 11/02/201455. 11 February 2014: Pleno Toma en consideración desde 11/02/2014 hasta 18/02/201466. 18 February 2014: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 18/02/2014 hasta 25/02/201477. 25 February 2014: Comisión Constitucional Publicación desde 25/02/2014 hasta 28/02/201488. 28 February 2014: Comisión Constitucional Enmiendas desde 28/02/2014 hasta 26/06/201599. 10 June 2015: Comisión Constitucional Mesa - Calificación desde 10/06/2015 hasta 11/06/20151010. 11 June 2015: Comisión Constitucional Debate de totalidad desde 11/06/2015 hasta 18/06/20151111. 26 June 2015: Comisión Constitucional Informe desde 26/06/2015 hasta 06/07/20151212. 6 July 2015: Concluido- (Subsumido en otra iniciativa) desde 06/07/2015 hasta 14/07/2015

18 June 2015

How did the plenary vote?

More votes against 36 yes · 273 no · 1 abst.

Voted on: Amendment to the whole with alternative text submitted by the Catalan (Convergència i Unió) Parliamentary Group.

This law had 5 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 35 of sitting 273· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Vasco (EAJ-PNV), Mixto, GC-CiU and GIP. Against, most of Socialista, GUPyD and Popular en el Congreso. 2 deputies voted differently from their group.

By province: in 3 most voted in favour; in 48, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 3
  • Against: 48
  • Tie: 1
Result by parliamentary group
GroupSeatsHow it voted
Socialista108
93 against · 15 did not vote
Vasco (EAJ-PNV)5
5 in favour
Mixto18
9 in favour · 1 against · 1 abst. · 7 did not vote
GC-CiU16
13 in favour · 3 did not vote
GIP11
9 in favour · 2 did not vote
GUPyD5
5 against
Popular en el Congreso185
174 against · 11 did not vote

What happens next

What happens now?

Whoever introduced it withdrew it, or it was merged into another one. It goes no further.

It was presented again:

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.