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What it is

Bill to strip the Constitutional Court of enforcement powers

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 10 June 2019. Introduced by: Grupo Parlamentario Vasco (EAJ-PNV).

Official title: Organic Private member's bill to amend Organic Law 2/1979, of October 3, on the Constitutional Court.

Follow this law

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

Automatic summary, not yet reviewed

  1. The bill would eliminate the prior unconstitutionality appeal against drafts of Autonomy Statutes, which had been created in 2015. According to the text, that appeal worked as a political veto not provided for in the Constitution.
  2. It would also remove the enforcement mechanisms for Constitutional Court rulings introduced by 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, such as suspending public authorities and employees, or substitute enforcement by the Government.
  3. The text argues that those enforcement measures are in fact penalties and that they break the balance between branches of power, besides affecting the special jurisdiction system and the autonomy of the Autonomous Communities.
  4. In practice, the bill would delete several sections and Title VI bis of the Constitutional Court Law, and would amend Articles 80, 87, 92 and 95 to restore their previous or similar wording.
  5. It would keep the possibility of imposing coercive fines of €600 to €3,000 on anyone who fails to comply with the Court's orders, with limits that can be revised by ordinary law.
  6. The law would enter into force the day after its publication in the Official State Gazette.

Who it affects

  • The Constitutional Court: It would lose the prior unconstitutionality appeal and the enforcement powers granted in 2015.
  • The Spanish Parliament and regional parliaments: They would gain greater freedom in the legislative process, without the Court stepping in beforehand.
  • The Autonomous Communities: They would no longer face substitute enforcement by the Government or the suspension of their authorities.
  • Public authorities and employees: They would no longer face the suspension provided for in Organic Law 15/2015, though coercive fines would still apply.

Words worth knowing

Recurso previo de inconstitucionalidad (prior unconstitutionality appeal)
An appeal that allows a bill to be taken to the Constitutional Court before it is passed, instead of afterwards.
Estatuto de Autonomía (Autonomy Statute)
The basic law of each Autonomous Community, passed by Parliament and ratified by referendum.
Multas coercitivas (coercive fines)
Fines that are repeated until the person required complies with the Court's order.
Aforamiento (special jurisdiction)
Special protection for certain officials (members of Parliament, Government members) who can only be tried by specific courts.
Ejecución sustitutoria (substitute enforcement)
When the Government complies with a ruling in place of the party that was supposed to and did not.
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. Introduced10 June 2019Someone registers the text in the Congreso.
  2. Admitted20 June 2019The 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 5 official steps on a timeline
Jun 2019Jul 2019Aug 201911. 10 June 2019: Presentación22. 20 June 2019: Boletín Oficial de las Cortes Generales Publicación desde 20/06/2019 hasta 25/06/201933. 20 June 2019: Calificación44. 25 June 2019: Gobierno Contestación desde 25/06/2019 hasta 24/09/201955. 24 September 2019: Concluido - (Caducado) desde 24/09/2019 hasta 23/10/2019

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.

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