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What it is

Former prime ministers join the Council of State

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 26 July 2004. Introduced by: Gobierno.

Official title: Government bill for the Organic Law amending Organic Law 3/1980, of April 22, on the Council of State.

Follow this law

Source: Congreso de los Diputados, file 121/000004· updated 11 Nov

Automatic summary, not yet reviewed

  1. Former prime ministers of the Government become permanent members (consejeros natos) of the Council of State for life, and may join at any time by telling the Council's president.
  2. A Studies Commission (Comisión de Estudios) is created within the Council of State, chaired by its president and made up of six members plus the secretary general, to carry out studies, reports and memoranda, and to draft legislative or constitutional reform proposals requested by the Government.
  3. The Council's president may assign tasks to the Center for Political and Constitutional Studies and ask other bodies and services of the State Administration for cooperation.
  4. The Plenary of the Council must issue a mandatory opinion on draft constitutional reform bills, unless the proposal was prepared by the Council itself.
  5. Compensation claims for damages against the State Administration only reach the Council of State from 6,000 euros upward, or from any higher amount set by law.
  6. Those who were already former prime ministers when the law takes effect become life members two months later, unless they state otherwise within that period; they may still exercise the right later if they change their mind.

Words worth knowing

Consejero nato
A member of the Council of State by virtue of holding a certain office, without needing a separate appointment.
Dictamen
An official report with the Council of State's legal opinion on a matter it was asked about.
Preceptivo
Mandatory: it must always be requested in the cases established by law.
Anteproyecto
An early draft of a future law or reform, before its official passage process.

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. Introduced26 July 2004Someone registers the text in the Congreso.
  2. Admitted28 July 2004The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments2 August 2004Groups propose changes.
  4. Committee6 October 2004A committee goes through the text in detail.
  5. Plenary4 November 2004All 350 deputies vote.
  6. Senate25 November 2004The Senate can pass it, amend it or veto it.
  7. BOE13 December 2004It is published in the Official State Gazette (BOE) and comes into force.
See the 9 official steps on a timeline
Jul 2004Aug 2004Sept 2004Oct 2004Nov 200411. 26 July 2004: Presentación22. 28 July 2004: Comisión Constitucional Publicación desde 28/07/2004 hasta 02/08/200433. 28 July 2004: Calificación44. 2 August 2004: Comisión Constitucional Enmiendas desde 02/08/2004 hasta 06/10/200455. 6 October 2004: Comisión Constitucional Informe desde 06/10/2004 hasta 28/10/200466. 28 October 2004: Comisión Constitucional Dictamen desde 28/10/2004 hasta 04/11/200477. 4 November 2004: Pleno Aprobación desde 04/11/2004 hasta 25/11/200488. 25 November 2004: Senado desde 25/11/2004 hasta 13/12/200499. 13 December 2004: Concluido - (Aprobado con modificaciones) desde 13/12/2004 hasta 25/01/2005

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 3/2004, of 28 December, amending Organic Law 3/1980, of 22 April, on the Council of State.

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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