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What it is

Bill would make EU criminal convictions count equally in Spain

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 22 October 2018. Introduced by: Grupo Parlamentario Vasco (EAJ-PNV).

Official title: Private member's Organic bill amending Organic Law 7/2014, of 12 November, on the exchange of criminal record information and the consideration of criminal judicial resolutions in the European Union.

Source: Congreso de los Diputados, file 122/000290· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would give criminal convictions issued in other European Union member states the same effects in Spain as convictions issued there, both to the disadvantage and to the benefit of the convicted person.
  2. It would remove the current rule that excludes EU convictions issued before August 15, 2015, a cutoff the authors consider contrary to the European rule.
  3. It rewrites Article 14 so that prior convictions from other member states have the same effects as Spanish ones before the trial, during the trial and when serving the sentence, provided they are final and there is enough information.
  4. It deletes the sole additional provision, and the law would enter into force the day after its publication in the Boletín Oficial del Estado (official state gazette).

Who it affects

  • People convicted in another European Union country: Their convictions could have the same effects in Spain as Spanish ones, including to lower the maximum time to serve.
  • Spanish judges and courts: They would have to take prior EU convictions into account when judging and when enforcing sentences, if they have enough information.
  • People serving prison sentences in Spain: Time actually served in another member state could be counted, shortening the maximum time to serve.

Words worth knowing

Decisión Marco
A European Union rule setting goals that member states must apply in their domestic law.
Principio de equivalencia
The idea that a conviction issued in another EU country counts the same as one issued in Spain.
Refundición de condenas
Procedure to combine several prison sentences and set a maximum time to serve.
Sentencia firme
A conviction that can no longer be appealed or changed.
Proposición de Ley Orgánica
A bill introduced in the Congress of Deputies to change an organic law, not yet passed.

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. Introduced22 October 2018Someone registers the text in the Congreso.
  2. Admitted30 October 2018The 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
Oct 2018Nov 201811. 22 October 2018: Presentación22. 30 October 2018: Boletín Oficial de las Cortes Generales Publicación desde 30/10/2018 hasta 02/11/201833. 30 October 2018: Calificación44. 2 November 2018: Gobierno Contestación desde 02/11/2018 hasta 04/12/201855. 4 December 2018: Pleno Toma en consideración desde 04/12/2018 hasta 18/12/201866. 18 December 2018: Concluido - (Rechazado) desde 18/12/2018 hasta 26/12/2018

18 December 2018

How did the plenary vote?

More votes against 93 yes · 164 no · 85 abst.

Voted on: Private Member's Bill by the Basque Parliamentary Group (EAJ-PNV), Organic reform of Organic Law 7/2014, of 12 November, on the exchange of criminal record information and the consideration of criminal judicial resolutions in the European Union.

Source: Congreso de los Diputados, vote 2 of sitting 165· 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. 9 deputies voted differently from their group.

By province: in 7 most voted in favour; in 37, against.

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

  • In favour: 7
  • Against: 37
  • Tie: 8
Result by parliamentary group
GroupSeatsHow it voted
Socialista84
2 against · 82 abst.
Vasco (EAJ-PNV)5
5 in favour
Mixto19
12 in favour · 3 against · 3 abst. · 1 did not vote
Ciudadanos32
30 against · 2 did not vote
Gcup-ec-em67
67 in favour
GER9
8 in favour · 1 did not vote
Popular en el Congreso134
1 in favour · 129 against · 4 did not vote

What happens next

What happens now?

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

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.