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What it is

Bill to let parliamentary groups go to court

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 29 October 2020. Introduced by: Grupo Parlamentario VOX.

Official title: Private member's bill amending Law 29/1998, of 13 July, regulating the Contentious-Administrative Jurisdiction, to recognize the procedural capacity and active standing of parliamentary groups in the contentious-administrative jurisdiction.

Source: Congreso de los Diputados, file 122/000098· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would give validly constituted parliamentary groups procedural capacity before the administrative courts, as representatives of the members of parliament who make them up, to defend matters related to their representative office.
  2. It would also give parliamentary groups standing to challenge rules below the level of law in whose drafting the Cortes Generales took part, as part of their role of controlling the Government.
  3. The proposal responds to a Spanish Supreme Court ruling of March 5, 2014 that dismissed a case brought by the UPyD parliamentary group for lack of procedural capacity.
  4. The explanatory statement argues that, without this reform, some government actions would escape judicial review because no one could challenge them, and that parliamentary groups have a partial legal personality allowing them to act in court.
  5. The law would take effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Words worth knowing

Jurisdicción contencioso-administrativa
The branch of the Spanish courts that reviews whether public authorities act according to the law.
Capacidad procesal
Procedural capacity: the ability to take valid part in a lawsuit.
Legitimación
Standing: the link a person must have with the disputed matter to be a party to the case.
Proposición de ley
A bill introduced by a parliamentary group that still needs to be debated and passed by the Congress of Deputies.

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. Introduced29 October 2020Someone registers the text in the Congreso.
  2. Admitted3 November 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
Dec 2020Dec 2021Dec 202211. 29 October 2020: Presentación22. 3 November 2020: Boletín Oficial de las Cortes Generales Publicación desde 03/11/2020 hasta 06/11/202033. 3 November 2020: Calificación44. 6 November 2020: Gobierno Contestación desde 06/11/2020 hasta 16/12/202055. 16 December 2020: Pleno Toma en consideración desde 16/12/2020 hasta 30/05/202366. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

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.