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What it is

Proposal to remove the aggravated coercion offense in strikes

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 1 August 2016. Introduced by: Grupo Parlamentario Socialista.

Official title: Private member's bill for an Organic Law repealing article 315, paragraph 3, of the Penal Code.

Source: Congreso de los Diputados, file 122/000011· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would remove section 3 of Article 315 of the Criminal Code. That section punishes coercion related to strikes more severely.
  2. According to the statement of reasons, the general coercion offense already protects people who do not want to strike. For that reason, section 3 would not be necessary or proportionate.
  3. If approved, judges and courts would have to review final judgments issued under the section being repealed.
  4. The law would take effect on the same day it is published in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • Workers on strike: Could exercise the right to strike without risking the aggravated offense in section 3.
  • Unions and people who organize strikes: Would face less exposure to aggravated coercion penalties in labor disputes.
  • Judges and courts: Would have to review final judgments issued under the repealed section.
  • People who do not want to join a strike: Would remain protected by the general coercion offense if someone forces them to strike.

Words worth knowing

Coacciones (coercion)
A crime consisting of forcing someone, through violence or intimidation, to do something they do not want to do.
Derogación (repeal)
Removing a rule, or part of it, from the legal system, so it no longer applies.
Sentencia firme (final judgment)
A court ruling against which no further appeals are possible.
Proposición de Ley Orgánica (Organic Law bill)
A bill introduced by parliamentary groups that proposes an organic law; it needs a special majority to pass and is not yet in force.

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. Introduced1 August 2016Someone registers the text in the Congreso.
  2. Admitted6 September 2016The 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 2016Dec 2017Dec 201811. 1 August 2016: Presentación22. 6 September 2016: Boletín Oficial de las Cortes Generales Publicación desde 06/09/2016 hasta 09/09/201633. 6 September 2016: Calificación44. 9 September 2016: Gobierno Contestación desde 09/09/2016 hasta 17/10/201655. 17 October 2016: Pleno Toma en consideración desde 17/10/2016 hasta 05/03/201966. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

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 was presented again:

Presented before in:

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.