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What it is

Proposal to restore universal jurisdiction in Spain

Amendments step 3 of 7· Lapsed

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 26 October 2023. Introduced by: Grupo Parlamentario Plurinacional SUMAR.

Official title: Private member's bill for an Organic Law amending Organic Law 6/1985, of July 1, on the Judiciary, for the protection of human rights and universal jurisdiction in Spain.

Source: Congreso de los Diputados, file 122/000016· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill explains that the 2009 and 2014 reforms left universal jurisdiction, meaning Spain's ability to try serious international crimes committed abroad, very limited. It wants to restore that system to prevent impunity for crimes such as genocide, torture or forced disappearance.
  2. The bill would allow Spanish courts to try a list of serious crimes committed outside Spain, including genocide, crimes against humanity, torture, terrorism and human trafficking. Some connection with Spain would be enough, and for genocide not even that would be required.
  3. It would delete section 6 of Article 23 of the Organic Law on the Judiciary to restore the acción popular, which lets groups and organizations bring criminal complaints before the courts.
  4. Cases that were dismissed under the 2009 and 2014 reforms could be reopened automatically and continue through the courts.

Who it affects

  • Victims of serious human rights violations committed outside Spain: They could file complaints and ask Spanish courts to try those acts.
  • Human rights organizations and advocacy groups: They would regain the ability to report these crimes through the acción popular.
  • People suspected of these serious crimes: They could be prosecuted and tried in Spain even if the acts happened abroad with no strong link to Spain, especially in genocide cases.
  • Spanish investigating judges and courts: They would have to reopen cases dismissed under the earlier reforms automatically.

Words worth knowing

Jurisdicción universal (universal jurisdiction)
The power of a country's courts to try very serious crimes even if they were committed abroad and neither the perpetrators nor the victims are from that country.
Acción popular (popular action)
A rule that lets any person or organization bring certain criminal complaints before the courts, without being the victim.
Crímenes de lesa humanidad (crimes against humanity)
Very serious crimes committed on a massive or systematic scale against civilians, such as murder or deportation.
Sobreseer (dismiss)
To close a court case, either temporarily or permanently.

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 3 of 7 steps. It reached Amendments, and today it is lapsed.

  1. Introduced26 October 2023Someone registers the text in the Congreso.
  2. Admitted3 November 2023The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments1 March 2024Groups 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 9 official steps on a timeline
Dec 2023Dec 2024Dec 202511. 26 October 2023: Presentación22. 3 November 2023: Boletín Oficial de las Cortes Generales Publicación desde 03/11/2023 hasta 08/11/202333. 3 November 2023: Calificación44. 8 November 2023: Gobierno Contestación desde 08/11/2023 hasta 18/12/202355. 18 December 2023: Pleno Toma en consideración desde 18/12/2023 hasta 20/02/202466. 20 February 2024: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 20/02/2024 hasta 27/02/202477. 27 February 2024: Comisión de Justicia Publicación desde 27/02/2024 hasta 01/03/202488. 1 March 2024: Comisión de Justicia Enmiendas desde 01/03/2024 hasta 06/10/202699. 6 October 2026: Concluido - (Caducado) desde 06/10/2026 hasta 04/11/2026

20 February 2024

How did the plenary vote?

More votes in favour 178 yes · 168 no

Voted on: Private member's bill of the Plurinational SUMAR Parliamentary Group, Organic reform of Organic Law 6/1985, of July 1, on the Judicial Power, for the protection of human rights and universal jurisdiction in Spain.

Source: Congreso de los Diputados, vote 2 of sitting 21· 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, Plurinacional SUMAR, Republicano, Socialista, Vasco (EAJ-PNV), Junts per Catalunya and Mixto. Against, most of Popular en el Congreso and VOX. 1 deputy voted differently from their group.

By province: in 11 most voted in favour; in 30, against.

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

  • In favour: 11
  • Against: 30
  • Tie: 11
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu6
6 in favour
Plurinacional SUMAR27
27 in favour
Republicano7
7 in favour
Socialista121
120 in favour · 1 did not vote
Vasco (EAJ-PNV)5
5 in favour
Junts per Catalunya7
7 in favour
Mixto7
6 in favour · 1 against
Popular en el Congreso137
134 against · 3 did not vote
VOX33
33 against

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.

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 never say “passed” because of a vote: the files do not say which majority was needed.