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What it is

Proposal to require broader consensus when appointing the State Attorney General

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 20 February 2020. Introduced by: Grupo Parlamentario Popular en el Congreso.

Official title: Private member's bill on the amendment of Law 50/1981, of December 30, regulating the Organic Statute of the Public Prosecutor's Office.

Follow this law

Source: Congreso de los Diputados, file 122/000036· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would require the candidate for State Attorney General to be assessed by a committee of the Congress of Deputies, and their suitability would need approval by a two-thirds majority of the full chamber.
  2. It would set the State Attorney General's term at four years, with limited grounds for removal and no renewal unless the officeholder served less than two years. It would also bar proposing as Attorney General anyone who held a political, trusted or party position in the previous four years.
  3. If passed, the law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).
  4. The sponsors justify the reform by the need to strengthen the independence, impartiality and neutrality of the Public Prosecutor's Office, citing GRECO Group of States against Corruption of the Council of Europe, which evaluates countries and issues recommendations. reports calling for greater autonomy and transparency.

Who it affects

  • The candidate for State Attorney General: Would have to pass a suitability review in Congress approved by two thirds, and could not have held political or party positions in the previous four years.
  • The State Attorney General: Their term would be four years, with limited grounds for removal and no renewal except in specific cases.
  • The Government and the Congress of Deputies: The Government would propose the candidate and Congress would assess their suitability and approve the report by a qualified majority.

Words worth knowing

Ministerio Fiscal
Public body that defends the law and citizens' rights before the courts (Public Prosecutor's Office).
Fiscal General del Estado
The head of the Public Prosecutor's Office (State Attorney General).
Proposición de ley
A bill introduced by a parliamentary group; it is not a passed law until it goes through the legislative process.
GRECO
Group of States against Corruption of the Council of Europe, which evaluates countries and issues recommendations.
Mayoría cualificada de dos tercios
A two-thirds qualified majority: the decision needs the favorable vote of two out of three members, not just half plus one.

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. Introduced20 February 2020Someone registers the text in the Congreso.
  2. Admitted25 February 2020The 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
Mar 2020Jun 202011. 20 February 2020: Presentación22. 25 February 2020: Boletín Oficial de las Cortes Generales Publicación desde 25/02/2020 hasta 28/02/202033. 25 February 2020: Calificación44. 28 February 2020: Gobierno Contestación desde 28/02/2020 hasta 29/04/202055. 29 April 2020: Pleno Toma en consideración desde 29/04/2020 hasta 09/09/202066. 9 September 2020: Concluido - (Rechazado) desde 09/09/2020 hasta 15/09/2020

8 September 2020

How did the plenary vote?

More votes against 160 yes · 185 no · 2 abst.

Voted on: Private member's bill from the Popular Parliamentary Group in the Congress, regarding the amendment of Law 50/1981, of December 30, regulating the Organic Statute of the Prosecutor's Office.

Source: Congreso de los Diputados, vote 2 of sitting 38· updated 11 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 Mixto, Ciudadanos, GPlu, Popular en el Congreso and VOX. Against, most of Euskal Herria Bildu, Republicano, Socialista, Vasco (EAJ-PNV) and Gcup-ec-gc. 9 deputies voted differently from their group.

By province: in 20 most voted in favour; in 20, against.

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

  • In favour: 20
  • Against: 20
  • Tie: 12
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 against
Republicano13
13 against
Socialista120
120 against
Vasco (EAJ-PNV)6
6 against
Mixto9
4 in favour · 2 against · 2 abst. · 1 did not vote
Ciudadanos10
10 in favour
Gcup-ec-gc35
34 against · 1 did not vote
GPlu12
6 in favour · 5 against · 1 did not vote
Popular en el Congreso88
88 in favour
VOX52
52 in favour

What happens next

What happens now?

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

It was presented again:

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