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What it is

Bill would decriminalize peaceful strike pickets in Spain

Committee step 4 of 7 · Unfinished

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 Confederal de Unidos Podemos-En Comú Podem-En Marea.

Official title: Private member's bill, Organic Law amending Organic Law 10/1995, of November 23, of the Penal Code.

Source: Congreso de los Diputados, file 122/000025· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would remove the aggravated crime of coercion in the context of strikes from Article 315.3 of the Criminal Code, which punishes with prison those who coerce others into starting or continuing a strike. Instead, it would punish those who prevent or limit union freedom or the right to strike through deceit or taking advantage of someone's situation of need, with harsher penalties if force, violence or intimidation is used.
  2. Pending cases for the crime in Article 315.3 would be dismissed, and existing convictions would be reviewed to annul them, at the request of the Public Prosecutor's Office within a maximum of 15 days.
  3. If someone were already serving a prison sentence for that crime, it would be annulled, their criminal record would be canceled, and they would be compensated for the time spent in prison. Fines would be refunded with interest.
  4. The law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • Workers and union members prosecuted or convicted for the crime in Article 315.3: Their cases would be dismissed, their convictions annulled, their criminal records canceled and, where applicable, they would receive compensation.
  • Workers on strike: They could organize informational pickets without risking criminal punishment for coercion.
  • Unions: They would face less criminal pressure on their organizations and their strike-promotion activities.
  • Employers or people who prevent strikes through deceit, taking advantage of need, force, violence or intimidation: They would still face criminal punishment, with aggravated penalties if they use force, violence or intimidation.

Words worth knowing

Piquete informativo
A group of people who inform workers that a strike is happening and peacefully ask them to join it.
Sobreseimiento
A decision to close a criminal case without a trial or conviction.
Proposición de Ley Orgánica
A bill filed in Congress to change a law affecting fundamental rights. It is not an approved law until it goes through the legislative process and is voted on.
Antecedentes penales
An official record of a person's criminal convictions.

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 unfinished.

  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. Amendments25 May 2017Groups propose changes.
  4. Committee31 October 2018A 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 11 official steps on a timeline
Sept 2016Dec 2016Mar 2017Jun 2017Sept 2017Dec 2017Mar 2018Jun 2018Sept 2018Dec 201811. 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 16/05/201766. 16 May 2017: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 16/05/2017 hasta 18/05/201777. 18 May 2017: Comisión de Justicia Publicación desde 18/05/2017 hasta 25/05/201788. 25 May 2017: Comisión de Justicia Enmiendas desde 25/05/2017 hasta 05/03/201999. 31 October 2018: Comisión de Justicia Mesa - Calificación desde 31/10/2018 hasta 31/10/20181010. 31 October 2018: Comisión de Justicia Debate de totalidad desde 31/10/2018 hasta 15/11/20181111. 5 March 2019: Concluido - (Caducado) desde 05/03/2019 hasta 27/03/2019

15 November 2018

How did the plenary vote?

More votes against 135 yes · 207 no

Voted on: Amendment to the whole with alternative text to the Organic Private member's bill to amend Organic Law 10/1995, of 23 November, of the Penal Code, submitted by the Popular Parliamentary Group in the Congress.

This law had 2 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 6 of sitting 158· 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 Popular en el Congreso. Against, most of Socialista, Vasco (EAJ-PNV), Mixto, Ciudadanos, Gcup-ec-em and GER. 4 deputies voted differently from their group.

By province: in 11 most voted in favour; in 29, against.

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

  • In favour: 11
  • Against: 29
  • Tie: 12
Result by parliamentary group
GroupSeatsHow it voted
Socialista84
1 in favour · 83 against
Vasco (EAJ-PNV)5
5 against
Mixto19
3 in favour · 13 against · 3 did not vote
Ciudadanos32
30 against · 2 did not vote
Gcup-ec-em67
67 against
GER9
9 against
Popular en el Congreso133
131 in favour · 2 did not vote

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.