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What it is

Court approval in advance for National Intelligence Center activities

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 16 November 2001. Introduced by: Gobierno.

Official title: Organic Government bill regulating the prior judicial control of the National Intelligence Center.

Follow this law

Source: Congreso de los Diputados, file 121/000058· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law creates prior judicial control over National Intelligence Center activities that affect the inviolability of the home and the secrecy of communications. The deadline to approve them is normally 72 hours, or 24 hours in duly justified urgent cases.
  2. The Center's Director must request authorization in writing from a Supreme Court Justice, stating the measures, the facts, the people affected and the duration. Measures may last at most 24 hours if they affect the home and 3 months if they affect communications, with extensions of equal length.
  3. The Justice decides within the set deadline through a reasoned ruling, and the proceedings are secret. Any information obtained that is unrelated to the purpose of the authorization must be destroyed immediately.
  4. 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. of the Judiciary is amended to provide for a Supreme Court Justice in charge of these authorizations. The Justice is appointed for 5 years, at the proposal of the General Council of the Judiciary, from among Justices with at least 3 years of service.

Who it affects

  • The Secretary of State and Director of the National Intelligence Center: Must request judicial authorization for measures affecting homes and communications, and destroy information unrelated to the authorized purpose.
  • The Supreme Court Justice designated for this control: Decides on requests within 72 or 24 hour deadlines, with confidentiality and secrecy over the proceedings.
  • The General Council of the Judiciary (Consejo General del Poder Judicial): Proposes the appointment of this Justice, who serves 5 years and must have 3 years of service in the position.
  • People affected by the Center's activities: Their rights to an inviolable home and confidential communications are protected by this prior judicial authorization.

Words worth knowing

Ley Orgánica (Organic Law)
A law reserved for major matters, such as fundamental rights, which requires a special vote in Congress.
Inviolabilidad del domicilio (inviolability of the home)
The right not to have anyone enter your home without your permission or a court order.
Resolución motivada (reasoned ruling)
A judge's written decision explaining the reasons for it.
Magistrado (Justice)
A judge on a higher court, such as the Supreme Court.
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 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. Introduced16 November 2001Someone registers the text in the Congreso.
  2. Admitted19 November 2001The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments23 November 2001Groups propose changes.
  4. Committee19 December 2001A committee goes through the text in detail.
  5. Plenary20 February 2002All 350 deputies vote.
  6. Senate7 March 2002The Senate can pass it, amend it or veto it.
  7. BOE24 April 2002It is published in the Official State Gazette (BOE) and comes into force.
See the 11 official steps on a timeline
Nov 2001Dec 2001Jan 2002Feb 2002Mar 200211. 16 November 2001: Presentación22. 19 November 2001: Comisión de Defensa Publicación desde 19/11/2001 hasta 23/11/200133. 19 November 2001: Calificación44. 23 November 2001: Comisión de Defensa Enmiendas desde 23/11/2001 hasta 02/02/200255. 18 December 2001: Comisión de Defensa Mesa - Calificación desde 18/12/2001 hasta 19/12/200166. 19 December 2001: Comisión de Defensa Debate de totalidad desde 19/12/2001 hasta 20/12/200177. 2 February 2002: Comisión de Defensa Informe desde 02/02/2002 hasta 13/02/200288. 13 February 2002: Comisión de Defensa Dictamen desde 13/02/2002 hasta 20/02/200299. 20 February 2002: Pleno Aprobación desde 20/02/2002 hasta 07/03/20021010. 7 March 2002: Senado desde 07/03/2002 hasta 24/04/20021111. 24 April 2002: Concluido - (Aprobado con modificaciones) desde 24/04/2002 hasta 21/05/2002

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.

The same initiative in the other chamber:

Published in the BOE: Organic Law 2/2002, of May 6, regulating the prior judicial control of the National Intelligence Center.

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