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What it is

Proposal to repeal the reform letting the Constitutional Court enforce its rulings

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 5 December 2016. Introduced by: Grupo Parlamentario Confederal de Unidos Podemos-En Comú Podem-En Marea.

Official title: Private member's bill for an Organic Law repealing Organic Law 15/2015, of October 16, amending Organic Law 2/1979, of October 3, on the Constitutional Court, to enforce the rulings of the Constitutional Court as a guarantee of the rule of law.

Follow this law

Source: Congreso de los Diputados, file 122/000052· 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 Law to allow the Court to enforce its own rulings.
  2. The 2015 reform the bill targets allowed the Court to impose fines of 3,000 to 30,000 euros, suspend officials from their duties, enforce its rulings with the Government's help, and seek criminal liability from private individuals.
  3. The explanatory statement criticizes the 2015 reform for passing only with the votes of the Partido Popular and Unión del Pueblo Navarro, through a fast-track process opposed by all other groups, and calls it political, unnecessary, and a risk to the balance of powers.
  4. If passed, the law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • Authorities and public employees who fail to comply with Constitutional Court rulings, since the repealed reform allowed fining and suspending them.: They would no longer be subject to those measures if the bill passes.
  • The national Government, since the repealed reform allowed the Court to request its cooperation to enforce rulings.: It would no longer be required to cooperate in that enforcement.
  • Private individuals who fail to comply with the Court's rulings, since the repealed reform allowed seeking their criminal liability.: They would no longer be subject to that provision.

Words worth knowing

Derogar (repeal)
To invalidate a law, that is, to cancel it.
Ley Orgánica (Organic Law)
A type of Spanish law reserved for major matters, such as fundamental rights, requiring a special majority in Congress.
Multa coercitiva (coercive fine)
A fine that can be repeated or increased to pressure someone into complying with an order, not to punish a crime.
Ejecución sustitutoria (substitute enforcement)
When the Court itself carries out, or has someone else carry out, what a person or institution refuses to comply with.
Voto particular (dissenting opinion)
A contrary opinion written by one or more judges who disagree with the majority's decision.
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 unfinished.

  1. Introduced5 December 2016Someone registers the text in the Congreso.
  2. Admitted13 December 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. 5 December 2016: Presentación22. 13 December 2016: Boletín Oficial de las Cortes Generales Publicación desde 13/12/2016 hasta 16/12/201633. 13 December 2016: Calificación44. 16 December 2016: Gobierno Contestación desde 16/12/2016 hasta 24/02/201755. 24 February 2017: Pleno Toma en consideración desde 24/02/2017 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 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.

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