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What it is

Bill would recognize two traditional water courts as customary courts

BOE step 7 of 7 · Passed

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 16 April 2021. Introduced by: Senado.

Official title: Private member's Organic bill to amend Organic Law 6/1985, of July 1, on the Judiciary, to recognize the character of customary and traditional court to the Private Water Court of Orihuela (Alicante/Alacant) and the Towns of its Framework and to the Tribunal del Comuner del Roller de Gràcia de l'Horta d'Aldaia.

Follow this law

Source: Congreso de los Diputados, file 124/000007· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would add two new sections to Article 19 of the 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. on the Judiciary to recognize the Juzgado Privativo de Aguas de Orihuela y Pueblos de su Marco as a customary and traditional court.
  2. It would also grant the same recognition to the Tribunal del Comuner del Rollet de Gràcia de l'Horta d'Aldaia.
  3. The explanatory section notes that these courts resolve irrigation and water disputes based on custom, and that similar courts already recognized include the Tribunal de les Aigües de València and the Consejo de Hombres Buenos de Murcia.
  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

  • Farmers and water users in the Orihuela huerta, who use this court to settle irrigation disputes.: Their court would be officially recognized as a customary and traditional court.
  • Members of the Tribunal del Comuner del Rollet de Gràcia de l'Horta d'Aldaia.: Their court would receive the same official recognition.
  • Local institutions in the area, such as the Orihuela City Council and the Province of Alicante.: Their 2013 request for recognition would be addressed.

Words worth knowing

Tribunal consuetudinario y tradicional (customary and traditional court)
A court that resolves disputes based on local custom and tradition, not only on written laws.
Ley Orgánica (Organic Law)
A special type of Spanish law, reserved for major matters, that requires a reinforced majority in Congress to pass.
Acción popular (popular action)
The right of any citizen to go to court to take part in the administration of justice.
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 passed by the Senado. 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 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced16 April 2021Someone registers the text in the Congreso.
  2. Admitted20 April 2021The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments23 April 2021Groups propose changes.
  4. Committee24 June 2021A committee goes through the text in detail.
  5. Plenary5 October 2021All 350 deputies vote.
  6. Senate14 October 2021The Senate can pass it, amend it or veto it.
  7. BOE2 December 2021It is published in the Official State Gazette (BOE) and comes into force.
See the 10 official steps on a timeline
Apr 2021May 2021Jun 2021Jul 2021Aug 2021Sept 2021Oct 2021Nov 202111. 16 April 2021: Presentación22. 20 April 2021: Comisión de Justicia Publicación desde 20/04/2021 hasta 23/04/202133. 20 April 2021: Calificación44. 23 April 2021: Comisión de Justicia Enmiendas desde 23/04/2021 hasta 24/06/202155. 24 June 2021: Comisión de Justicia Informe desde 24/06/2021 hasta 28/09/202166. 28 September 2021: Comisión de Justicia Dictamen desde 28/09/2021 hasta 05/10/202177. 5 October 2021: Pleno Aprobación desde 05/10/2021 hasta 14/10/202188. 14 October 2021: Senado desde 14/10/2021 hasta 17/11/202199. 17 November 2021: Pleno Enmiendas o veto del Senado desde 17/11/2021 hasta 02/12/20211010. 2 December 2021: Concluido - (Aprobado con modificaciones) desde 02/12/2021 hasta 11/01/2022

2 December 2021

How did the plenary vote?

More votes in favour 340 yes · 0 no

Voted on: Overall vote on the Private Member's Organic Bill to amend Organic Law 6/1985, of July 1, on the Judiciary, to recognize the character of customary and traditional court to the Private Water Court of Orihuela (Alicante/Alacant) and the Villages of its Framework and to the Tribunal del Comuner del Rollet de Gràcia de l'Horta d'Aldaia (formerly named Private Member's Organic Bill to amend Organic Law 6/1985, of July 1, on the Judiciary, to recognize the character of customary and traditional court to the Private Water Court of Orihuela (Alicante/Alacant) and the Villages of its Framework), as it has an organic character.

This law had 4 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 51 of sitting 138· 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 Euskal Herria Bildu, Republicano, Socialista, Vasco (EAJ-PNV), Mixto, Ciudadanos, Gcup-ec-gc, GPlu, Popular en el Congreso and VOX.

By province: in 52 most voted in favour; in 0, against.

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

  • In favour: 52
  • Against: 0
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 in favour
Republicano13
13 in favour
Socialista120
120 in favour
Vasco (EAJ-PNV)6
5 in favour · 1 did not vote
Mixto10
9 in favour · 1 did not vote
Ciudadanos9
9 in favour
Gcup-ec-gc34
34 in favour
GPlu12
12 in favour
Popular en el Congreso88
85 in favour · 3 did not vote
VOX52
48 in favour · 4 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

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