Organic Law (Spain)
An Organic Law in Spanish law refers to a law related to fundamental rights and freedoms and important institutional areas as defined by the Constitution. Organic Laws must be passed by an absolute majority of the Congress of Deputies. In legal terms, organic laws are conceptually considered part of the constitution.
Prior to the 1978 constitution this concept had no precedent in Spain. It was inspired by a similar concept in the current French Constitution of 1958 and conceived as a democratic safeguard to prevent authoritarian aspirations in the transition to democracy.
Organic Law of Francoist Spain
The Organic Law of the State in 1967 had set out the structure of the organs of government of Francoist Spain. Together with the other seven Fundamental Laws of the Realm, it was superior to ordinary laws and decrees and could only be changed by referendum. The law was approved by a [1966 Spain|Spanish organic law referendum|referendum on 14 December 1966], with the favorable vote of 98.1% of the voters. The fundamental laws were superseded by the 1978 Constitution of Spain, also approved by referendum.Definition
The Spanish Constitution defines "Organic laws are those related to the development of fundamental rights and public liberties, those that approve Statutes of Autonomy, the electoral processes, and others foreseen in the Constitution."Spain has various types of laws including:
- organic laws
- ordinary laws
- legislative decrees
- decree-laws
- regulations
- customs
- general principles of law
- case law
Examples
Concretely, organic laws include the following:- Those that develop the fundamental rights and public liberties mentioned in Articles 15–29 of the Constitution. For example, the Law on Education that expands upon Article 27 of the Constitution.
- Statutes of Autonomy. For example, the Statute of Autonomy of Andalusia, Ley Orgánica 2/2007, adopted 19 March 2007.
- The Electoral System Act, in the Ley Orgánica 5/1985, adopted 19 June 1985.
- "...others foreseen in the Constitution." There are a number of matters in the Constitution that presume development by laws. In some cases it is explicit that these are to be developed by Organic Law. For example:
Approval
The Constitution states that "The approval, modification or derogation of organic laws requires an absolute majority of the Congress, in a final vote over the entire bill." That is to say, an organic law is presented as a bill or by the Cortes Generales and must follow the same parliamentary procedures as an ordinary law. As the Constitution indicates, the principal difference in the process is that the Congress of Deputies must make a final vote, at the end of the entire process, where the law must obtain an absolute majority to be approved; for ordinary laws, this final vote is not required.The Constitution establishes the procedures for proposing a bill before the Cortes. "An organic law will regulate the forms of exercise and requisites for a popular initiative for the presentation of propositions of law. In all cases, no fewer that 500,000 accredited signatures will be required. There shall be no such initiative in matters proper to organic law, treaties or laws of international character, nor in relation to the prerogative of mercy." Therefore, the government, the Congress, the Senate and the legislative assemblies of the autonomous communities can initiate the legislative processes that lead to the approval of an organic law. In contrast, popular initiatives are not permitted in this area.