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What it is

How to petition public authorities in Spain

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 24 November 2000. Introduced by: Gobierno.

Official title: Government bill for an Organic Law regulating the Right of Petition.

Follow this law

Source: Congreso de los Diputados, file 121/000021· updated 11 Nov

Automatic summary, not yet reviewed

  1. Any person or entity, regardless of nationality, can send petitions to any public institution, administration or authority, individually or collectively. Members of the armed forces can only exercise this right individually and under their specific legislation.
  2. Petitions can cover any matter within the recipient's powers, but they are not admitted if a different specific procedure exists or if a proceeding has already started.
  3. The petition must be in writing, including electronic means, and must state the petitioner's identity, subject and recipient. The administration must acknowledge receipt within ten days and may ask the petitioner to fix defects within fifteen days.
  4. A decision not to admit a petition must be notified within 45 working days, and admitted petitions must be answered within a maximum of three months. Non-admission or lack of response can be challenged in court under the fundamental rights protection procedure.

Who it affects

  • Any person, Spanish or foreign, and any entity: They can send individual or collective petitions to any public authority and request confidentiality of their data.
  • Members of the armed forces and military-discipline corps: They can only file petitions individually and under their specific legislation.
  • Public institutions, administrations and authorities receiving petitions: They must acknowledge receipt within ten days, process and answer within a maximum of three months, and can be taken to court if they fail to do so.
  • Inmates in penitentiary institutions: Their petitions are governed by the specific prison rules.

Words worth knowing

Derecho de petición (right of petition)
A fundamental right that lets anyone write to public authorities to request something, complain or make a suggestion.
Subsanar (to fix defects)
To correct the errors or missing data in a document so it can be processed.
Inadmisibilidad (inadmissibility)
A decision not to accept a petition because it does not concern the recipient or another procedure already covers it.
Recurso contencioso-administrativo (administrative court appeal)
A court challenge against decisions made by public administrations.

It summarizes the law as published in the BOE. 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. Introduced24 November 2000Someone registers the text in the Congreso.
  2. Admitted28 November 2000The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments1 December 2000Groups propose changes.
  4. Committee14 February 2001A committee goes through the text in detail.
  5. Plenary23 May 2001All 350 deputies vote.
  6. Senate31 May 2001The Senate can pass it, amend it or veto it.
  7. BOE31 October 2001It is published in the Official State Gazette (BOE) and comes into force.
See the 9 official steps on a timeline
Dec 2000Mar 2001Jun 2001Sept 200111. 24 November 2000: Presentación22. 28 November 2000: Comisión Constitucional Publicación desde 28/11/2000 hasta 01/12/200033. 28 November 2000: Calificación44. 1 December 2000: Comisión Constitucional Enmiendas desde 01/12/2000 hasta 14/02/200155. 14 February 2001: Comisión Constitucional Informe desde 14/02/2001 hasta 17/05/200166. 17 May 2001: Comisión Constitucional Dictamen desde 17/05/2001 hasta 23/05/200177. 23 May 2001: Pleno Aprobación desde 23/05/2001 hasta 31/05/200188. 31 May 2001: Senado desde 31/05/2001 hasta 31/10/200199. 31 October 2001: Concluido - (Aprobado con modificaciones) desde 31/10/2001 hasta 19/11/2001

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?

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

Published in the BOE: Organic Law 4/2001, of November 12, regulating the Right of Petition

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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