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What it is

Investigating courts will enforce EU freezes and evidence seizures

BOE step 7 of 7 · Passed

It is a government bill. Introduced by the Government. It was introduced on 18 November 2005. Introduced by: Gobierno.

Official title: Complementary Organic Government bill to the Law for the effectiveness in the European Union of seizure and evidence preservation orders in criminal proceedings, modifying Organic Law 6/1985, of July 1, on the Judiciary.

Follow this law

Source: Congreso de los Diputados, file 121/000062· updated 11 Nov

Automatic summary, not yet reviewed

  1. The law amends 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 to better distribute which courts have which powers.
  2. It adds a new paragraph g) to section 1 of Article 87. From now on, investigating courts enforce freezing and evidence seizure measures sent by a judge from another European Union country, when the assets or evidence are in Spain.
  3. The law is passed under the State's power over procedural legislation, under Article 149.1.6.ª of the Constitution.
  4. It takes effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

  • Investigating courts (juzgados de instrucción): They become responsible for enforcing freezes and evidence seizures requested by judges from other European Union countries.
  • People with assets in Spain investigated abroad: Their assets or evidence can be frozen or seized by a Spanish court at another member state's request.
  • Judicial authorities of other EU member states: They can ask for their freezing and evidence seizure orders to be carried out in Spain.

Words worth knowing

Embargo
A court order blocking assets (money, property, cars) so they cannot be sold or used during a case.
Aseguramiento de pruebas
A court order to keep and protect objects or documents used as evidence in a criminal case.
Juez de instrucción
Investigating judge who examines crimes before trial.
Ley Orgánica
Organic law: a special type of Spanish law for major matters, requiring a special majority in Congress.
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. Introduced18 November 2005Someone registers the text in the Congreso.
  2. Admitted22 November 2005The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments25 November 2005Groups propose changes.
  4. Committee15 February 2006A committee goes through the text in detail.
  5. Plenary8 March 2006All 350 deputies vote.
  6. Senate23 March 2006The Senate can pass it, amend it or veto it.
  7. BOE9 May 2006It is published in the Official State Gazette (BOE) and comes into force.
See the 9 official steps on a timeline
Nov 2005Dec 2005Jan 2006Feb 2006Mar 2006Apr 200611. 18 November 2005: Presentación22. 22 November 2005: Comisión de Justicia Publicación desde 22/11/2005 hasta 25/11/200533. 22 November 2005: Calificación44. 25 November 2005: Comisión de Justicia Enmiendas desde 25/11/2005 hasta 15/02/200655. 15 February 2006: Comisión de Justicia Informe desde 15/02/2006 hasta 28/02/200666. 28 February 2006: Comisión de Justicia Dictamen desde 28/02/2006 hasta 08/03/200677. 8 March 2006: Pleno Aprobación desde 08/03/2006 hasta 23/03/200688. 23 March 2006: Senado desde 23/03/2006 hasta 09/05/200699. 9 May 2006: Concluido - (Aprobado con modificaciones) desde 09/05/2006 hasta 20/06/2006

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 Act 5/2006, of June 5, complementary to the Act for the effectiveness in the European Union of seizure and evidence preservation orders in criminal proceedings, amending Organic Act 6/1985, of July 1, on the Judiciary.

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