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What it is

Proposal to repeal the 2015 reform of the Constitutional Court

Admitted step 2 of 7 · Rejected

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 16 September 2016. Introduced by: Grupo Parlamentario Mixto.

Official title: Private member's bill repealing Organic Law 15/2015 of 16 October, amending Organic Law 2/1979 of 3 October, on the Constitutional Court, for the execution of the resolutions of the Constitutional Court as a guarantee of the Rule of Law (Organic).

Follow this law

Source: Congreso de los Diputados, file 122/000024· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would repeal organic law A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes. 15/2015, which reformed the Constitutional Court's law to allow enforcement of its rulings.
  2. If passed, the previous wording of the articles changed by the 2015 law would be restored, and the new law would take effect the same day it is published in the Official State Gazette (Boletín Oficial del Estado).
  3. The sponsors argue that the 2015 reform changed the nature of the Constitutional Court, gave it functions the Constitution does not provide for, and allowed suspending democratically elected officials, such as the President of the Generalitat or the Prime Minister.
  4. They also criticize how fast the 2015 reform was passed, without prior reports from the Council of State or the General Council of the Judiciary, and note that it does not specify the degree of non-compliance, the suspension procedure, or the right to appeal.

Who it affects

  • The Constitutional Court: Would regain the previous rules, without the enforcement and sanctioning functions added by the 2015 reform.
  • Public officials and democratically elected authorities: Would no longer face the suspension of duties provided for by the 2015 law if the bill is passed.
  • The Mixed Parliamentary Group (Grupo Parlamentario Mixto): It is the sponsor of the bill, put forward at the request of lawmaker Francesc Homs i Molist.

Words worth knowing

Derogar (repeal)
To leave a law without effect, that is, to cancel it.
Ley Orgánica (Organic Law)
A type of Spanish law reserved for major matters, such as fundamental rights, requiring special majorities to pass.
Proposición de ley (bill by lawmakers)
A proposed law introduced by a parliamentary group, not by the Government.
Exposición de motivos (statement of reasons)
The opening part of a law explaining why it is proposed.
organic law
A law on fundamental rights, the electoral system or other matters the Constitution reserves. It needs an absolute majority in the Congreso: 176 votes.

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 rejected.

  1. Introduced16 September 2016Someone registers the text in the Congreso.
  2. Admitted20 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
Sept 2016Oct 2016Nov 201611. 16 September 2016: Presentación22. 20 September 2016: Boletín Oficial de las Cortes Generales Publicación desde 20/09/2016 hasta 23/09/201633. 20 September 2016: Calificación44. 23 September 2016: Gobierno Contestación desde 23/09/2016 hasta 31/10/201655. 31 October 2016: Pleno Toma en consideración desde 31/10/2016 hasta 20/12/201666. 20 December 2016: Concluido - (Rechazado) desde 20/12/2016 hasta 23/12/2016

20 December 2016

How did the plenary vote?

More votes against 94 yes · 163 no · 82 abst.

Voted on: Private member's bill by the Mixed Parliamentary Group, repealing Organic Law 15/2015, of 16 October, amending Organic Law 2/1979, of 3 October, on the Constitutional Court, for the execution of the resolutions of the Constitutional Court as a guarantee of the Rule of Law (Organic).

Source: Congreso de los Diputados, vote 1 of sitting 22· 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, Gcup-ec-em and GER. Against, most of Ciudadanos and Popular en el Congreso. 6 deputies voted differently from their group.

By province: in 8 most voted in favour; in 39, against.

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

  • In favour: 8
  • Against: 39
  • Tie: 5
Result by parliamentary group
GroupSeatsHow it voted
Socialista84
2 in favour · 80 abst. · 2 did not vote
Vasco (EAJ-PNV)5
5 in favour
Mixto19
14 in favour · 2 against · 1 abst. · 2 did not vote
Ciudadanos32
32 against
Gcup-ec-em67
66 in favour · 1 did not vote
GER9
7 in favour · 2 did not vote
Popular en el Congreso134
129 against · 1 abst. · 4 did not vote

What happens next

What happens now?

It goes no further. A similar one could be introduced later.

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.

Read the full method · Report an error