Organic Law 6/2002 of 27 June, on Political Parties. MOST CONSULTED

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Organic Law 6/2002 of 27 June, on Political Parties.

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File: Body Head of State Published in BOE (STATE OFFICIAL NEWSLETTER) no. 154 of June 28, 2002 (2002‐06‐28) Effective from June 29, 2002. The current revision from April 1, 2015

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324 21   notes  Summary

EXPLANATORY STATEMENT (/base_datos/Admin/lo6-2002.html#i) CHAPTER I. Of the creation of political parties (/base_datos/Admin/lo6-2002.html#c1) Article 1 Freedom of creation and affiliation (/base_datos/Admin/lo6-2002.html#a1) Article 2 Ability to be (/base_datos/Admin/lo6-2002.html#a2) Article 3 Constitution, statutes and legal personality (/base_datos/Admin/lo6-2002.html#a3) Article 4 Registration in the Register (/base_datos/Admin/lo6-2002.html#a4) Article 5 Examination of the conditions for registration (/base_datos/Admin/lo6-2002.html#a5)

CHAPTER II. Organization, operation and activities of political parties (/base_datos/Admin/lo6-2002.html#c2) Article 6 democratic principles and legality (/base_datos/Admin/lo6-2002.html#a6) Article 7 Organisation and operation (/base_datos/Admin/lo6-2002.html#a7) Article 8 Rights and duties of members (/base_datos/Admin/lo6-2002.html#a8) Article 9 Activity (/base_datos/Admin/lo6-2002.html#a9) Article 9a Prevention and Monitoring (/base_datos/Admin/lo6-2002.html#a9b)

CHAPTER III. Dissolution or judicial suspension of political parties (/base_datos/Admin/lo6-2002.html#c3) Article 10 Dissolution or judicial suspension (/base_datos/Admin/lo6-2002.html#a10) Article 11 Procedure (/base_datos/Admin/lo6-2002.html#a11) Article 12 Effects of judicial dissolution (/base_datos/Admin/lo6-2002.html#a12) Article 12a Judicial declaration of extinction of a political party (/base_datos/Admin/lo6-2002.html#a12b)

CHAPTER IV. Funding of political parties (/base_datos/Admin/lo6-2002.html#c4) Article 13 Financing (/base_datos/Admin/lo6-2002.html#a13)

ADDITIONAL PROVISIONS (/base_datos/Admin/lo6-2002.html#disda) First Additional Provision Amendment of the Organic Law 6/1985 of 1 July, on the Judiciary (/base_datos/Admin/lo6-2002.html#da1) Additional Provision Two modifications of the Organic Law 5/1985 of June 19, the General Electoral System (/base_datos/Admin/lo6-2002.html#da2) Third additional provision Supplementation (/base_datos/Admin/lo6-2002.html#da3) Additional Provision Four Foundations and entities linked to political parties or dependent on them (/base_datos/Admin/lo6-2002.html#da4)

TRANSITORY DISPOSITIONS (/base_datos/Admin/lo6-2002.html#distr) single transitional provision (/base_datos/Admin/lo6-2002.html#tru)

Repealing provisions (/base_datos/Admin/lo6-2002.html#disde) Single derogatory provision (/base_datos/Admin/lo6-2002.html#deu)

FINAL PROVISIONS (/base_datos/Admin/lo6-2002.html#disdf)

First Final Provision Regulatory Development (/base_datos/Admin/lo6-2002.html#df1) Second final provision Entry into force (/base_datos/Admin/lo6-2002.html#df2)

JUAN CARLOS I

KING OF SPAIN

All those who were present saw and understood.

Know: that the Parliament has approved and I hereby sanction the following Organic Law.

EXPLANATORY STATEMENT

The Law 54/1978, Political Parties (/base_datos/Admin/l54-1978.html) , pre - constitutional rule, both short articles and content, has served primarily to settle a simple procedure of constitution freedom of political parties, aim, moreover, not least in the founding moment he came to be issued. The rest of the provisions that now make its legal status in Spain has been derived from what is contained in the own Constitution (/base_datos/Admin/constitucion.html) , of rules, such as regulations (/base_datos/Admin/rcd.html) parliamentary (/base_datos/Admin/rs.html) or electoral law (/base_datos/Admin/lo5-1985.html) , materialize its role and its essential role in our democratic system, subsequent legislative reforms as those contained in the Criminal Code (/base_datos/Penal/lo10-1995.html) on the illegality of certain associations or related party financing and an intense interpretive work of the judiciary and the Constitutional Court itself.

After nearly twenty years since the adoption of the Political Parties Law still in force, it is now evident the failure of a status of incomplete and fragmentary as part of a mature democracy parties and firmly established in which the role and constitutional significance of the parties has only increased. So now comes its reform, claimed by a number of important reasons.

It is, first, to collect system clearly and experience accumulated over the years.

It is also about renewing rules anchored in the priority concerns of the past, which are inadequate and insufficient to discipline the new realities of the present. Especially if one considers the vigor with which society today complements the action of institutions and opens new avenues of involvement or relationship with them through instruments, such as associations, foundations or political parties themselves are the subject of the relevant legislative modernization.

Moreover, although political parties are not constitutional bodies but private bodies associative base, an essential part of the constitutional architecture, perform functions of a primary constitutional significance and have a second nature that the doctrine often summarized with references repeated his relevance constitutional and institutional guarantee them by the Constitution. From either point of view, the present time calls for strengthening and improving their legal status with a profiling, guarantees and full regime. If this is the case for any association, with more reason must be for political associations, whose purpose is to combine convictions and efforts to influence the democratic management of public affairs, contribute to institutional functioning and provoke changes and improvements since the exercise of political power. But as the parties are basic instruments of state action in a state of advanced and demanding law as we enjoy, which sets limits and provides safeguards and controls against any subject, relevant than it is in the constitutional structure . It can even be said that the greater the relief of the subject and its role in the system, the more interest is the rule of law to refine their legal status.

Along with this there is, finally, in our case, a general agreement on the lack of current legislation specify when the constitutional requirements of democratic organization and functioning and a performance subject to the Constitution and the laws. Both as regards the understanding of democratic principles and constitutional values that must be respected in its internal organization or on its external activity and which affects the procedures to implement them.

This lack is now demanding an extra effort to complete the existing provisions. The aim is to ensure the functioning of the democratic system and the essential freedoms of citizens, preventing a political party can, repeatedly and gravely undermine the democratic regime of liberties, justify racism and xenophobia or politically support violence and the activities of terrorist groups. Especially if you consider that, because of the activity of terrorism, it is essential to identify and differentiate quite clearly those organizations that defend and promote their ideas and programs, whatever they are, even those who claim to revise the institutional framework itself, with scrupulous respect for democratic principles and methods, from those that support its political action in connivance with violence, terror, discrimination, exclusion and violation of rights and freedoms.

For this purpose, a judicial procedure outlawing a party is set to give a real political support and cash to violence or terrorism, which is distinct from that provided for in the Penal Code to dissolve unlawful associations for the reasons specified in articles 515 and 520. II

To achieve these goals, this Organic Law on Political Parties, which develops essential provisions contained in Articles 1, 6, 22 and 23 of our Constitution, it incorporates thirteen articles divided into four chapters, and is completed by three additional provisions - including the reform of two articles of the Organic Law 5/1985 of June 19 (/base_datos/Admin/lo5-1985.html) , the General Electoral Regime, and Article 61 of the Organic Law 6/1985 of 1 July, of the Judiciary (/base_datos/Admin/lo6-1985.html) - a transitional provision a derogatory provision and two final provisions. III

Chapter I establishes the principle of freedom, in its triple aspect of positive creative freedom, positive freedom of association and negative freedom of membership or participation, and enhancing procedures for the creation of political parties, completing the existing provisions, clarifying some doubts and overcoming some gaps. Entered, therefore, the law in this section major substantive changes, respecting the principle of minimum intervention follows from the Constitution itself. Registration in the Register of Political Parties of the founding act and statutes gives the party legal personality, makes public the constitution and bylaws of it, links to public authorities, and is a guarantee for both third parties related to the party and their own members. Such registration must be carried out by the responsible registry on an appraised and soon, after which produced the inscription means.

As most outstanding additions include the limitation of Article 2 to be promoter who has authored certain crimes, bans on names of the parties contained in paragraph 1 of Article 3, the responsibility of the promoters referred to in paragraph 1 Article 4, the provision of a process of correction of formal defects or suspension of the registration period when one of the various circumstances described in Article 5 occurs.

In that article the provision already contained remains in the previous law that evidence of criminal wrongfulness of a party at the time of its formation and registration in the registry can lead to a statement by the criminal court, promoted by the prosecution , after notifying the Ministry of Interior, the illegality of the party and the consequent irrelevance of enrollment. IV

The biggest news of the Act are contained in Chapter II, which in turn derived as a logical corollary, the new provisions of Chapter III.

It is in that Chapter II in which the basic criteria are specified to ensure the constitutional mandate that the organization, operation and activity of political parties must be democratic and comply with the provisions of the Constitution and the laws, developing, as noted Article 9, "the functions that they are constitutionally attributed democratically and with full respect for pluralism".

On the one hand, with Articles 7 and 8, this Organic Act seeks to combine respect for the organizational and functional ability of parties through their statutes with the requirement of some essential elements to ensure the application of democratic principles in their organization internal and operation thereof. This is served, first, to the rights of their members, but also seeks to "ensure the effective performance of the functions they are constitutionally and legally mandated and, ultimately, help to ensure the democratic functioning of the State" ( STC 56/1995, of March 6 ).

From this double perspective, it is anticipated an assembly organ general participatory nature that the main powers in the party life reserve, free and secret suffrage is established as an ordinary means of coverage of management positions, democratic censorship is expected thereof, certain rights that are considered basic in any associative field and should be enjoyed equally like to participate in the election and be eligible organs, or information activities, economic situation are recognized and the people that make up the governing bodies, and some basic rules of operation and rules of meetings of collegial bodies are determined.

For its part, Article 9 seeks to ensure respect for the parties to democratic principles and human rights. To do so, against the generic statement of the law now repealed this Organic Law lists in some detail the behaviors that most notoriously violate those principles, on the basis of two grounds on which it should pause.

Law chooses, first, by contrast the democratic character of a party and its respect for constitutional values, based not ideas or aims proclaimed by it, but the whole of its activity. Thus, the only explicitly banned purposes are those incurred directly in the criminal.

It is well known that this is not the only option offered models comparative law. The need to defend democracy of certain heinous purposes and certain methods of preserving its constituent clauses and the substance of the rule of law, the obligation of public authorities to ensure respect for the basic rights of citizens, or own account of parties as required to perform certain constitutional functions, for which they receive a privileged status, have led some jurisdictions to categorically formulate a strict duty of compliance, to establish an even more subject to the constitutional order and, even more, to claim subject one positive duty of realization, active defense and pedagogy of democracy. Duties breach of which excludes the legal order and the democratic system.

This Act, however, unlike other systems, by considering that any project or objective means compatible with the Constitution, as long as there is defended by an activity that violates democratic principles or fundamental rights of citizens.

As already indicated in the preamble of the Organic Law 7/2000 of 22 December (/base_datos/Penal/lo7-2000.html) , it 's not, obviously, to prohibit the defense of ideas or doctrines, though they stay away or even put within the constitutional framework.

It can be concluded therefore that, without prejudice to other models, this regulation is in a balanced position, reconciling with extreme caution freedom inherent in the highest degree of pluralism with respect for human rights and protection of democracy.

This line is confirmed by the second of the principles taken into consideration, as is to avoid the outlawing of isolated behaviors, again except criminal nature, requiring instead a reiteration or accumulation of actions that demonstrate unequivocally a track record bankruptcy of democracy and offense to the constitutional values, the democratic method and the rights of citizens.

To this answer paragraphs a), b) and c) of paragraph 2 of Article 9, which clearly establish the border between organizations that defend their ideas and programs, whatever they are, with scrupulous respect for the methods and democratic principles, from those that support its political action in collusion with terror or violence, or the violation of the rights of citizens or method and democratic principles. V

Once set forth by law the duty of respect for the political parties to democratic principles and constitutional values, and developed the circumstantial elements that allow us to know when a game does not suit them and must, therefore, be declared illegal, the next chapter numbering III establishes the existing jurisdictional guarantees for the protection of the rights and constitutional principles to the performance of the parties. Obviously, the starting point is established by the Constitution itself: only the judicial authority is competent to control the illegality of their actions or to order, to repeated and serious violations, dissolution or suspension of own political party.

It is noteworthy that the Court has already clarified the circumstances in which appropriate access to civil courts in connection with claims arising from the private legal relations of the parties or raised by members about its inner workings, or in which jurisdiction the contentious administrative order regarding the issues that arise in administrative proceedings arising from the Act. Similarly, the Penal Code and the Criminal procedure Act (/base_datos/Penal/lecr.html) clarify today cases in which proceeds the dissolution or suspension of a match the criminal jurisdiction and the procedure for such an important decision occurs with all guarantees.

Therefore, the main novelty now introduced is the regulation of competition and the procedure for judicial dissolution of a party for not respecting democratic principles and human rights, procedure announced in Act now repealed, but never developed above.

The Organic Law solves this serious situation with the general criteria governing the constitutional framework of operation of the parties, that is, noting that only can be done by court order. As indicated STC 3/1981, of February 2 , "the judiciary and only it instructs the Constitution and ordinary legislation function to rule on the legality of a political party. Precisely the appeal to the Judiciary, which can decree, as just said, his provisional suspension, and, ultimately, its dissolution, is the means available to the State for its defense in case it is attacked by a party for the content of their statutes or from acting outside these impairment of its security ".

The text states, because of the importance and constitutional importance of political parties and, by extension, the decisions that affect their declaration of illegality or justifying its dissolution, which is the special Chamber of the Supreme Court under Article 61 of the Organic Law of the Judiciary (/base_datos/Admin/lo6-1985.html) the competent body to dissolve a political party when it develops serious conduct contrary to the Constitution. Special room that, as the car of 9 July 1999 of the Chamber itself notes, "symbolized by its composition to the plenary of the Supreme Court. It is, somehow, the Plenum, full 'reduced', as it were , as paradoxical as it may seem, because in its composition the President of the Supreme Court itself is present and so are all the rooms listed in Article 55 LOPJ (/base_datos/Admin/lo6-1985.l1t4.html#I32) that make up a whole the Supreme Court, through their respective Presidents and two of its judges, the oldest and the most modern of each. It is highlighted this to highlight that the Board of Article 61 of the Judiciary Act (/base_datos/Admin/lo6- 1985.html) , for its significant composition, has a "status" of supremacy over the ordinary Chambers in order to define their powers and reciprocal of those. .. '.

For that Chamber to examine the adjustment to the democratic principles of operation and activity of the political party in question, a preferred specific judicial process, in a single instance, which can only urge the Public Prosecutor and the Government, of the other or at the request of the Congress of Deputies or the Senate. Such a process is made up of classical form, on the basis of writing, with a number of conventional procedures (claims, evidence, new arguments and judgment) that, for the time and manner of articulation, combine the principles of legal certainty and right of defense with haste, ensuring that the uncertainty which may cause the initiation of it does not increase with extensive processing.

The judgment of the Special Chamber shall not be subject to any appeal, without prejudice, if any, of amparo before the Constitutional Court, and shall be enforceable from the moment of notification.

Article 12 finally detailing the effects of judicial dissolution of a political party. Upon notification of the judgment, it proceeds to the immediate cessation of all activity of the political party in question and deemed fraudulent and therefore may not succeed constitution of a formation to continue or happen to illegal and dissolved declared. The solution will also involve the opening of a process of liquidation of assets, targeting the resulting equity activities of social or humanitarian interest. SAW

The regulation contained in this Organic Law is completed by reference to other laws of those relating to the financing of parties (Chapter IV) and several additional provisions that, among other things, to adjust to the new law the provisions of issues the Organic Law of the Judiciary (/base_datos/Admin/lo6-1985.html) (additional first, that the special Chamber of the Supreme Court understands these cases), and the Organic Law (additional second, General Electoral Regime to clarify that not be fraud constitute, in periods election, groups of voters to come to pass, de facto, a dissolved or suspended political party).

As regards funding, it is noteworthy that remission occurs to the Law on Financing Political Parties, but also the system of accreditation and responsibilities established in the Organic Law 2/1982, of 12 May, the Court of Auditors (/base_datos/Admin/lo2-1982.html) , and the Law 7/1988, of 5 April, on the Court of Auditors (/base_datos/Admin/l7-1988.html) .

Finally, with regard to the competence of the Special Chamber Law accumulates guarantee that this is the jurisdiction to hear and determine cases of fraud, either in its capacity sentencing Room (paragraphs 2 and 3 of Article 12) or by the call states that are now introduced into the electoral law for the resolution of appeals against the proclamation or not groups of voters (second additional provision) or by the provision of paragraph 2 of the single transitional provision, the succession of parties to circumvent the purposes of this Act.

CHAPTER I

Of the creation of political parties

Article 1 Freedom of creation and affiliation

1. Citizens of the European Union may freely form political parties in accordance with the provisions of the Constitution and this Act.

(/base_datos/Fiscal/549724-ley-organica-3-2015-de-30-de-marzo-de-control-de-la-actividad-economico-financiera.html#I29) Number 1 of Article 1 paragraph written by one of the second article of the LO 3/2015, of March 30, control of the economic and financial activity of political parties, by which modify the LO 8/2007, of July 4, on financing of political parties, the LO 6/2002 of June 27, Political Parties and the LO 2/1982, of 12 May, the Court of Auditors ( "BOE" 31 March). Effective: April 1, 2015

2. Membership in a political party is free and voluntary. Nobody can be forced to form a party or join or remain in it.

3. Political parties may form and register federations, confederations and unions of parties by complying with the provisions of this chapter and the specific agreement of its competent bodies.

Article 2 Ability to be

1. The promoters of a political party must be individuals, elderly, who are in the full exercise of their rights, are not subject to any legal condition for the exercise thereof and not been criminally convicted of conspiracy , or any of the serious offenses under Parts XXI to XXIV of the Criminal Code. The latter cause of disability will not affect those who have been judicially rehabilitated.

2. The political parties may establish constituted in their statutes the creation and recognition of youth organizations.

Article 3 Constitution, statutes and legal personality

1. The agreement will be formalized by constitution founding charter, which must be recorded in public document and contain the personal identification of the promoters, the name of the party that intends to be, members of the interim governing bodies, in any case, address and the statutes which should govern the party is constituted.

The name of the parties may not include terms or expressions that mislead or confusion about their identity or that are contrary to law or fundamental rights of individuals. In addition, you can not match, resemble or be identified, even phonetically, with any other party previously entered in the Register, with that of any member party, as a result of a merger, a registered party when it be accredited by any means test valid in law, or that of any outlawed, dissolved or suspended by court ruling party. Nor with the identification of individuals, or the name of preexisting entities or trademarks.

2. The statutes of the political parties will have at least the following contents: a) Its name and acronym. b) The symbol, with its description and graphical representation. c) The address, indicating the town, province, street and zip code. d) Your web site and e - mail address. e) The scope: national, regional, provincial or local. f) His purposes. g) The requirements and procedures for admission and low affiliates. h) The rights and duties of members and the disciplinary system in accordance with the provisions of Article 8. i) The governing bodies and representation, composition, deadlines for renewal which must be made at least every four years, its powers and competences, the bodies responsible for convening meetings of collegial bodies, the minimum period of notice , duration, form of preparing the agenda, including the number of members required to propose items to be included in it, and the rules of deliberation and majority required for adoption of resolutions, which, as a rule, be a simple majority of those present, whether full members or delegates. j) The procedure for the election of the governing bodies, either directly or by proxy, which in any case must ensure the participation of all members through free and secret ballot, and procedures of democratic control of elected leaders. k) The charge or organ at the appropriate legal representation of the political party, as well as determining the economic and financial officer of the political party and the procedure for designation. l) The management and accounting system, which will include, in any case, the ledgers. m) The documentation system, including in any case the file Affiliates and the Book of Acts. n) An indication of whether the political party or just not foundational heritage, the source of economic resources and accountability process. o) The procedure and the competent body for the approval of the annual accounts in which the obligation of annual submission of the same to the Court of Auditors within the legally established included. p) The causes of dissolution of a political party and, in this case, what would be the fate of their heritage. q) The method of claim affiliates against the agreements and decisions of the party organs. r) The office or body responsible for the defense and guarantee of the rights of the affiliate. s) The system of offenses and penalties of members and the procedure for its imposition, to be instructed in contradictory and in which the right affiliate must be guaranteed to be informed of the facts giving rise to its opening, to be heard prior to the imposition of sanctions because any agreement is motivated punitive character. Notwithstanding the foregoing, will be established in all cases, automatic temporary suspension of membership of incur affiliates in criminal proceedings for which the commencement of a trial has been issued for an offense related to corruption and punishment of expulsion from the party of those who have been convicted of any of those crimes. t) Any other mention required by this or other law. 3. The parties shall communicate to the Registry any modification of its statutes and the composition of its governing bodies and representation within a maximum period of three months of such modification and in any case during the first quarter of each year. They must also publish them on their website.

4. Political parties acquire legal personality by registration in the Register of Political Parties for this purpose, exist in the Interior Ministry on presentation in that the founding act signed by its promoters, accompanied by those documents proving compliance of the requirements of this Act.

(/base_datos/Fiscal/549724-ley-organica-3-2015-de-30-de-marzo-de-control-de-la-actividad-economico-financiera.html#I30) Article 3 drafted by section two of article two of the LO 3/2015, of March 30, control of the economic and financial activity of political parties, for which the LO 8/2007 are modified July 4 on financing of political parties, the LO 6/2002 of June 27, Political Parties and the LO 2/1982, of 12 May, the Court of Auditors ( "BOE" 31 March). Effective: April 1, 2015

Article 4 Registration in the Register

1. The promoters of political parties perform the actions required for registration. The promoters of unregistered parties jointly and severally liable for its obligations to third parties when they have stated act on behalf of the party.

2. Within the submission of complete documentation in the Register of Political Parties twenty days, the Ministry of the Interior shall proceed with the registration of the party. That period shall be suspended if deemed necessary to start any of the procedures in the following article, however.

3. Except in cases of suspension of the period in the preceding paragraph refers to, after twenty days available to the Ministry of Interior, will be understood the inscription, which confers legal personality, makes public the constitution and bylaws same, it links to public authorities, and is a guarantee for both third parties related to the party and their own members.

4. The entry in the Register shall take effect indefinitely while not write in the same suspension or dissolution, by notification of the decision agreed by the own party in accordance with the statutory provisions, it is judicially declared illegal and dissolved or suspended or It is judicially declared extinct according to the provisions of Article 12a. This is without prejudice to Article 10.6 and in the scope and effects of the suspension, in Article 11.8.

(/base_datos/Fiscal/549724-ley-organica-3-2015-de-30-de-marzo-de-control-de-la-actividad-economico-financiera.html#I31) Number 4 of Article 4 paragraph written by three second article of the LO 3/2015, of March 30, control of the economic and financial activity of political parties, by which modify the LO 8/2007, of July 4, on financing of political parties, the LO 6/2002 of June 27, Political Parties and the LO 2/1982, of 12 May, the Court of Auditors ( "BOE" 31 March). Effective: April 1, 2015

Article 5 Examination of the conditions for registration

1. When formal defects are noticed in the foundation charter or in the accompanying documentation, or when proponents lack the capacity, the Interior Ministry will inform stakeholders so they can rectify the defects. In this case, the registration period shall be suspended from the time of notification and will resume once these have been duly corrected.

2. When the documentation submitted deducted prima facie evidence regarding the criminal unlawfulness of the party, the Interior Ministry will inform the prosecution, within twenty days the previous article referred to a reasoned decision that It shall be accompanied by the evidence available to assess those signs.

3. The Public Prosecutor within twenty days of receiving the communication in the previous paragraph refers to, will choose, depending on whether or not considered sufficient evidence of criminal wrongdoing, for practice before the criminal court actions corresponding or return the communication to the Ministry of Interior for the purpose of completing enrollment.

4. Remission of communication to the public prosecutor shall suspend the period provided for in paragraph 2 of the previous article, all the time elapsing up to return the same to the Ministry of Interior of communication based on the appreciation of reasons not sufficient criminal or until the criminal judge rules on the merits of the registration or, where appropriate, as a precautionary measure on the provisional resumption of the deadline for registration wrongfulness. The referral and the corresponding suspension of the deadline for registration will be immediately notified to the promoters concerned.

5. The administrative proceedings relating to the registration of the political party may appeal to the administrative court in accordance with the provisions of the Law of Administrative Jurisdiction.

6. When persiguiese registration in the Register of Political Parties of a party that intends to continue or succeed the activity of another declared illegal and dissolved, it will act in accordance with the provisions of Article 12 of this Act.

CHAPTER II

Of the organization, operation and activities of political parties

Article 6 democratic principles and legality

Political parties will adjust their organization, operation and activity to democratic principles and the provisions of the Constitution and the laws. Political parties have organizational freedom to establish its structure, organization and operation, with the only limits established in the law.

(/base_datos/Fiscal/549724-ley-organica-3-2015-de-30-de-marzo-de-control-de-la-actividad-economico-financiera.html#I32) Article 6 amended by paragraph four second article of the LO 3/2015, of March 30, control of the economic and financial activity of political parties, for which the LO 8/2007 are modified July 4 on financing of political parties, the LO 6/2002 of June 27, Political Parties and the LO 2/1982, of 12 May, the Court of Auditors ( "BOE" 31 March). Effective: April 1, 2015

Article 7 Organisation and operation

1. The internal structure and functioning of political parties must be democratic, establishing, in any case, forms of direct participation of members in the terms collected its statutes, especially in election processes top governing body of the party .

(/base_datos/Fiscal/549724-ley-organica-3-2015-de-30-de-marzo-de-control-de-la-actividad-economico-financiera.html#I33) Number 1 of Article 7 drafted by section five of the second article of the LO 3/2015, of March 30, control of the economic and financial activity of political parties, by which modify the LO 8/2007, of July 4, on financing of political parties, the LO 6/2002 of June 27, Political Parties and the LO 2/1982, of 12 May, the Court of Auditors ( "BOE" 31 March). Effective: April 1, 2015

2. Without prejudice to their internal organizational capacity, the parties shall have a general assembly of all its members, who may act directly or through delegates, and corresponding, in any event, as top governing body of the party the adoption of the most important agreements, including its dissolution.

3. The governing bodies of the parties shall be determined in the bylaws and shall be provided by free and secret ballot.

4. The statutes or internal regulations that implement them , must be set to the collegial bodies within sufficient convening of meetings to prepare the matters discussed, the number of members required for the inclusion of items on the agenda, a rules that allow deliberation of opinion and majority required for adoption of resolutions. The latter will, as a rule, a simple majority of present or represented.

5. The statutes must also provide procedures for democratic control of elected leaders.

Article 8 Rights and duties of members

1. The members of political parties must be natural persons, elderly, and not be limited or restricted their capacity to act.

2. The statutes of political parties may establish different forms of affiliation with the level of attachment to a political party. Members of the same type shall have equal rights and duties.

3. Political parties shall register the affiliation of its members in the corresponding file to be governed by the provisions of Law 15/1999, of December 13, Protection of Personal Data.

4. The statutes contain a detailed account of the rights of members, including, in any case, with regard to greater loyalty to the political party, the following: a) To participate in the activities of the party and government organs and representation, to exercise the right to vote and attend the General Assembly, according to the statutes. b) to vote and eligible for positions thereof. c) To be informed about the composition of the governing bodies and administration or on the decisions taken by the governing bodies on the activities and on the economic situation. d) To challenge the agreements of party bodies they consider contrary to law or statute. e) To go to the body responsible for defending the rights of the affiliate. The other members shall enjoy the rights determined by the statutes.

5. Members of a political party shall comply with the obligations arising from the statutory provisions and, in any case, the following: a) Share the aims of the party and work to achieve them. b) To respect the provisions of the statutes and laws. c) Abide by and fulfill the agreements validly adopted by the governing bodies of the party. d) pay the fees and other contributions in accordance with the statutes, may correspond to each mode according to their corresponding affiliation.

(/base_datos/Fiscal/549724-ley-organica-3-2015-de-30-de-marzo-de-control-de-la-actividad-economico-financiera.html#I34) Article 8 written by paragraph six of the second article of the LO 3/2015, of March 30, control of the economic and financial activity of political parties, for which the LO 8/2007 are modified July 4 on financing of political parties, the LO 6/2002 of June 27, Political Parties and the LO 2/1982, of 12 May, the Court of Auditors ( "BOE" 31 March). Effective: April 1, 2015

Article 9 Activity

1. Political parties shall freely exercise their activities. They must respect the same constitutional values, expressed in democratic principles and human rights. They will develop the functions that they are constitutionally attributed democratically and with full respect for pluralism.

2. A political party shall be declared illegal when its activity violates democratic principles, particularly when the same dog damage or destroy the system of freedoms or impossible or eliminate the democratic system by any of the following behaviors, made repeated and serious : a) systematically violate any fundamental rights and freedoms, promoting, justifying or excusing the attacks against life or integrity of persons, or the exclusion or persecution of people because of their ideology, religion or belief, nationality, race, sex or sexual orientation. b) To promote, encourage or legitimize violence as a means to achieve political goals or to make disappear the precise conditions for the exercise of democracy, pluralism and political freedoms. c) Complement and politically support the action of terrorist organizations to achieve their purpose of subverting the constitutional order or seriously disturb the public peace, trying to create a climate of terror among official authorities, certain individuals or groups in society or the general population, or contribute to multiply the effects of terrorist violence and fear and intimidation generated by it. 3. It is understood that a political party in the circumstances of the previous paragraph when repetition or accumulation of any of the following behaviors occur: a) Give express political or tacit support for terrorism, legitimizing the terrorist actions to achieve political ends outside the peaceful and democratic channels, or exculpating and minimizing its meaning and the violation of fundamental rights involved. b) Accompany action violence programs and activities that foster a culture of confrontation and civil confrontation linked to the activity of terrorists or pursuing intimidate, deter, neutralize or socially isolate those opposed to it, making live daily in an atmosphere of coercion, fear, exclusion or deprivation of basic freedoms and in particular freedom to think and to freely and democratically participate in public affairs. c) Include regularly in their governing bodies or on their electoral lists persons convicted of terrorist offenses who have not publicly rejected the aims and terrorist means, or maintain a large number of its affiliates double affiliation to organizations or entities related to a terrorist group or violent, unless they have taken disciplinary measures against them leading to their expulsion. d) Use as instruments of party activity, in conjunction with their own or in place thereof, symbols, messages or elements that represent or are identified with terrorism or violence and behaviors associated with it. e) Ceder, on behalf of terrorists or those who collaborate with them, the rights and privileges that the system, and specifically the electoral legislation, grant to political parties. f) Collaborate regularly with entities or groups acting systematically according to a violent or terrorist organization, or that harbor or support terrorism or terrorists. g) Support from the institutions in which it is governed, with administrative, economic or other nature measures, the entities mentioned in the preceding paragraph. h) To promote, provide coverage or participate in activities that aim to reward, honor or distinguish terrorist or violent actions or those who commit or collaborate with them. i) To cover the actions of disorder, intimidation or social coercion linked to terrorism or violence.

(/base_datos/Fiscal/549724-ley-organica-3-2015-de-30-de-marzo-de-control-de-la-actividad-economico-financiera.html#I35) Number 3 of Article 9 drafted by paragraph seven second article of the LO 3/2015, of March 30, control of the economic and financial activity of political parties, by which modify the LO 8/2007, of July 4, on financing of political parties, the LO 6/2002 of June 27, Political Parties and the LO 2/1982, of 12 May, the Court of Auditors ( "BOE" 31 March). Effective: April 1, 2015

4. To assess and evaluate the activities of this Article and the continuation or repetition of the same along the path of a political party concerns, although the same name has changed, resolutions, documents will be considered and communicated party, its organs and their parliamentary and municipal development of its public events and civic announcements Groups, demonstrations, performances and public commitments of its leaders and members of their parliamentary and municipal groups, the proposals within institutions or outside them, as well as attitudes significantly repeated their members or candidates.

They shall also be taken into consideration administrative sanctions imposed on the political party or its members and criminal convictions that have befallen their leaders, candidates, elected officials or members for offenses under Title XXI to XXIV of the Criminal Code, without which they have taken disciplinary measures against them leading to their expulsion.

See number 2 of the single transitional provision. (/base_datos/Admin/lo6-2002.html#I11)

Article 9a Prevention and Monitoring

Political parties should adopt internal rules in a system of prevention of conduct contrary to the law and supervision, for the purposes specified in Article 31a of the Penal Code.

(/base_datos/Fiscal/549724-ley-organica-3-2015-de-30-de-marzo-de-control-de-la-actividad-economico-financiera.html#I36) Article 9a inserted by paragraph eight of the second article of the LO 3/2015, of March 30, control of the economic and financial activity of political parties, for which the modified LO 8/2007 of 4 July on financing of political parties, the LO 6/2002 of June 27, Political Parties and the LO 2/1982, of 12 May, the Court of Auditors ( "BOE" 31 March). Effective: April 1, 2015

CHAPTER III

Of the dissolution or judicial suspension of political parties

Article 10 Dissolution or judicial suspension

1. In addition to the decision of its members, agreed by the causes and the procedures under its bylaws, shall the dissolution of a political party or, where appropriate, suspension by decision of the competent judicial authority and terms provided for in paragraphs 2 and 3.

The dissolution shall take effect from its entry in the Register of Political party notice or of the court decreeing the dissolution Parties.

(/base_datos/Fiscal/549724-ley-organica-3-2015-de-30-de-marzo-de-control-de-la-actividad-economico-financiera.html#I37) Number 1 of article 10 drafted by nine second article of the LO 3/2015, of March 30, control of the economic and financial of the Political Parties Activity section by the LO 8/2007 are modified July 4, on financing of political parties, the LO 6/2002 of June 27, Political Parties and the LO 2/1982, of 12 May, the Court of Auditors ( "BOE" 31 March). Effective: April 1, 2015

2. The judicial dissolution of a political party shall be decided by the competent court in the following cases: a) When it incurred in cases classified as conspiracy under the Criminal Code. b) When infringes continuously, repeated and serious the requirement of a democratic internal structure and functioning, as provided in Articles 7 and 8 of this Act. c) When repeatedly and seriously violates their activity or pursue democratic principles damaging or destroying the system of freedoms or impossible or eliminate the democratic system through behaviors that Article 9 refers to. 3. The judicial suspension of a political party shall proceed only if so provided by the Penal Code. It may also be agreed as a precautionary measure under the provisions of the Criminal Procedure Act (/base_datos/Penal/lecr.html) or under the terms of paragraph 8 of Article 11 of this Act.

4. The case referred to in paragraph a) of paragraph 2 of this Article shall be decided by a judge in the criminal jurisdiction, in accordance with the provisions of the Organic Law of the Judiciary (/base_datos/Admin/lo6-1985.html) , the Criminal Procedure Act (/base_datos/Penal/lecr.html) and the Criminal Code .

5. The cases provided for in paragraphs b) and c) of paragraph 2 of this Article shall be decided by the Special Chamber of the Supreme Court regulated in Article 61 of the Organic Law of the Judiciary (/base_datos/Admin/lo6-1985.html) , in accordance with the procedure laid down in the following article of this Organic Law, which shall take priority.

6. The eventual coincidence in time of judicial proceedings under the preceding paragraphs 4 and 5 of this article with respect to the same political party will not interfere continuation of both to completion, producing each corresponding effects. Can not, however, remember the voluntary dissolution of a political party when it has begun a process of judicial declaration of illegality thereof by reason of one or another section or both.

Article 11 Procedure

1. The following are entitled to seek a declaration of illegality of a political party and its subsequent dissolution, under the provisions of paragraphs b) and c) of paragraph 2 of the previous article of this Organic Law, the Government and the public prosecutor.

The Congress of Deputies or the Senate may urge the Government to seek the banning of a political party, being obliged the government to formalize the request of outlawing, after deliberation by the Council of Ministers, for the reasons set out in Article 9 this Act. The processing of this agreement shall follow the procedure established respectively by the Bureau of the Congress of Deputies and the Senate.

2. The action for which the declaration is intended that the preceding paragraph to be initiated by application filed with the Special Chamber of the Supreme Court under Article 61 of the Organic Law of the Judiciary (/base_datos/Admin/lo6-1985.html) , which documents are attached evidencing the concurrence of the grounds of illegality. 3. The Board shall immediately proceed to the location of the affected political party and, where appropriate, to elected persons nominations submitted by groups of voters, giving transfer of the demand, so they can appear before it within eight days. Once duly comparecidos or after the corresponding term without having conducted the Chamber analyze the initial admission of the claim may admit the same by order if any of the following causes: a) That would have brought not legitimated person or duly represented. b) That manifestly not the substantive or procedural requirements are met for admission. c) That the demand manifestly unfounded. The appreciation of the occurrence of any of the stated reasons will become clear to the parties so that they can make submissions on it in common within ten days.

(/base_datos/Admin/lo3-2011.html#I24) Number 3 of Article 11 drawn up by the first of the LO 3/2011 of 28 January, amending the LO 5/1985 of June 19, the General Electoral Regime ( "BOE" 29 January) final provision . Effective: January 30, 2011

4. Once admitted demand summon the defendant, if he has appeared, for the answer to the demand within twenty days.

5. If the parties have proposed in their statements of claim or defense or the Board deems it necessary, a trial period to be governed in their terms and substantiation by the rules on this point are contained in the open chapters V and VI of Title I of Book II of the Code of Civil Procedure.

6. Of all the evidence taken will view of the parties, who may make claims on them by successive period of twenty days, after which, have been formalized or not, the process will be conclusive for judgment to be issued in twenty days.

7. The judgment of the Special Chamber of the Supreme Court which may declare the dissolution of the political party or dismiss the complaint, will not be subject to any appeal without prejudice, if any, of amparo before the Constitutional Court, and will be executive from the time of notification. If dissolution is decreed, the Chamber will order the cancellation of the corresponding registration, and failure produce the effects which are determined in the next article of this Act. In his case, the judgment also declared the existence of links with the outlawed political party of applications submitted by groups of voters. If the claim is rejected, it may not be repeated again if presented to the Supreme Court new facts, enough to make judgments about the illegal activity of a different party to those already contained in the judgment.

(/base_datos/Admin/lo3-2011.html#I24) Number 7 of Article 11 drawn up by the first of the LO 3/2011 of 28 January, amending the LO 5/1985 of June 19, the General Electoral Regime ( "BOE" 29 January) final provision effective: January 30, 2011

8. The Chamber during the trial proceedings, ex officio or at the request of a party, may take any of the precautionary measures provided for in the Code of Civil Procedure in accordance with the procedure laid down in it. In particular, the Board may order the precautionary suspension of party activities until sentencing, the scope and the effects it deems appropriate to protect the public interest. In such case, the Board will order the corresponding preventive entry in the Register of Political Parties.

Article 12 Effects of judicial dissolution

1. The judicial dissolution of a political party shall produce the effects provided by law and in particular the following: a) Upon notification of the judgment in which the solution is agreed, it will proceed to immediately cease all activity of dissolved political party. Breach of this provision will result in liability, as established in the Penal Code. b) acts performed in fraud of law or abuse of legal personality not impede the proper application thereof. It is presumed fraudulent and not proceed to create a new political party or the use of another already enrolled in the Registry to continue or happen the activity of a party declared illegal and dissolved. c) The dissolution determine the opening of a process of liquidation of assets, carried out by three liquidators appointed by the trial room. The net assets resulting by the Treasury will be allocated to activities of social or humanitarian interest. 2. Corresponds to ensure the trial room, in the process of execution of sentence, to be respected and implemented all purposes provided by law in the event of dissolution of a political party.

3. In particular, correspond to the trial Chamber, after hearing the parties concerned, declare the inadmissibility of continuity or succession of a dissolved party to which paragraph b) of paragraph 1, taking into account to determine the connection substantial similarity of both political parties, their structure, organization and functioning of the individual members thereof, govern, represent or administer, the origin of the means of financing or materials, or any other relevant circumstances, such as available to support violence or terrorism, allow consider this continuity or succession in contrast to the data and documents in the process in which the outlawing and dissolution was decreed. In addition to the parts of this process, they may urge the ruling of the Chamber sentencing the Interior Ministry and the prosecutor, assuming that it is submitted for registration in accordance with Articles 4 and 5 of this Act.

4. The Chamber rightly reject requests sentencing, incidents and exceptions that are formulated in clear abuse of law or involve abuse of legal personality, fraud or procedural law.

Article 12a Judicial declaration of extinction of a political party

1. The body, on the initiative of the Register of Political Parties, ex officio or at the request of the parties concerned shall request the administrative jurisdiction, the judicial declaration of extinction of a political party that is in one of the following situations: a) Not have adapted their statutes to the laws that are applicable within the deadlines that they provide in each case. b) No convening the body responsible for the renewal of the governing bodies and representation after twice the period provided for in Article 3.2 letter i). c) not having submitted its annual accounts for 3 consecutive years or four alternates, without prejudice to the responsibilities that may arise from the lack of presentation of the accounts. 2. At the outset, the Party Register prepare himself to the political party who commits any of the situations described so that, within 6 months, proceed to justify that has done well adapting their laws to the law, well that has renewed its governing bodies and representation, well it presented the annual accounts of all years overdue, or where appropriate, all of the above. After this period expires without the political party has performed the actions described, the Party Register initiate the procedure provided in the preceding paragraph.

3. For the judicial declaration of extinction of a political party will follow the provisions in Article 127 d of Law 29/1998, of July 13, regulating the Administrative Jurisdiction.

4. The judicial declaration of termination shall take effect from its entry in the Register of Political Parties, upon notification by the court.

(/base_datos/Fiscal/549724-ley-organica-3-2015-de-30-de-marzo-de-control-de-la-actividad-economico-financiera.html#I38) Article 12a inserted by paragraph ten in the second article of the LO 3/2015, of March 30, control of the economic and financial activity of political parties, for which the modified LO 8/2007 of 4 July on financing of political parties, the LO 6/2002 of June 27, Political Parties and the LO 2/1982, of 12 May, the Court of Auditors ( "BOE" 31 March). Effective: April 1, 2015 CHAPTER IV

Of the financing of political parties

Article 13 Financing

1. The funding of political parties will be held in accordance with the provisions of the Organic Law 8/2007, of July 4, on financing of political parties.

(/base_datos/Fiscal/549724-ley-organica-3-2015-de-30-de-marzo-de-control-de-la-actividad-economico-financiera.html#I39) 1 of article 13 drafted by eleven second article of the LO 3/2015, of March 30, control of the economic and financial activity of political parties, paragraph by the LO 8/2007 are modified July 4, on financing of political parties, the LO 6/2002 of June 27, Political Parties and the LO 2/1982, of 12 May, the Court of Auditors ( "BOE" 31 March). Effective: April 1, 2015

2. In accordance with it and with the provisions of the Organic Law 2/1982, of 12 May (/base_datos/Admin/lo2-1982.html) , the Court of Auditors, and the Law 7/1988, of 5 April (/base_datos/Admin/l7-1988.html) , on the Court of Auditors, the political parties assume formal and personal obligations regarding accreditation purposes and compliance requirements of that legislation as regards the control of public funds they receive.

3. All parties registered in the Register of Political Parties shall submit the consolidated financial statements duly formalized the Court of Auditors in the period established in the Organic Law 8/2007, of July 4, on financing of political parties.

(/base_datos/Fiscal/549724-ley-organica-3-2015-de-30-de-marzo-de-control-de-la-actividad-economico-financiera.html#I39) Number 3 of Article 13 introduced by the eleven second article of the LO 3/2015, of March 30, control of the economic and financial activity of political parties paragraph, which modify the LO 8/2007, of July 4, on financing of political parties, the LO 6/2002 of June 27, Political Parties and the LO 2/1982, of 12 May, the Court of Auditors ( "BOE" 31 March). Effective: April 1, 2015

ADDITIONAL PROVISIONS

First Additional Provision Amendment of the Organic Law 6/1985 of 1 July, on the Judiciary

A new number 6th paragraph 1 of Article 61 is added to the Organic Law 6/1985 of 1 July (/base_datos/Admin/lo6-1985.html) , the Judiciary, with the following contents:

"6.º of the processes of declaration of illegality and consequent dissolution of political parties, as provided in the Organic Law 6/2002 of 27 June, on Political Parties."

(/base_datos/Admin/lo6-1985.l1t4.html#I1111) Additional Provision Two modifications of the Organic Law 5/1985 of June 19, the General Electoral System

1. A new paragraph 4 is added to Article 44 of the Organic Law 5/1985 of June 19 (/base_datos/Admin/lo5-1985.html) , the General Electoral System, with the following contents:

"4. Not be submitted by groupings of voters who, in fact, come to continue or succeed the activity of a political party judicially declared illegal and dissolved or suspended. For this purpose, shall take into account the substantial similarity of their structures, organization and functioning of people that compose them , govern, represent or administer applications, the origin of the means of financing or materials, or any other relevant circumstances which, as its willingness to support violence or terrorism, allow consider this continuity or succession. "

(/base_datos/Admin/lo5-1985.html#I306) 2. A new paragraph 5 is added to Article 49 of the Organic Law 5/1985 of June 19 (/base_datos/Admin/lo5-1985.html) , the General Electoral System, with the following contents:

"5. The proceedings provided for in this Article shall apply to cases of proclamation or exclusion of applications submitted by groups of voters referred to in paragraph 4 of Article 44 of this Organic Law, with the following exceptions: a) Recourse to the first paragraph of this Article shall be brought before the Special Chamber of the Supreme Court regulated in Article 61 of the Organic Law of the Judiciary (/base_datos/Admin/lo6-1985.html) . b) There shall also be entitled to the institution of proceedings which are what to request the declaration of illegality of a political party, in accordance with paragraph 1 of Article 11 of the Organic Law of Political Parties. "

(/base_datos/Admin/lo5-1985.html#I308) Third additional provision Supplementation

In the process of registration of parties governed by Chapter III, shall also apply the Law 30/1992 of 26 November on the Legal Regime of Public Administrations and Common Administrative Procedure (/base_datos/Admin/l30-1992.html) , on all matters not covered by this Organic law and its implementing regulations.

Additional Provision Four Foundations and entities linked to political parties or dependent on them

1. The foundations and entities that are linked to political parties or are dependent on them in accordance with the criteria laid down in the Organic Law 8/2007, of July 4, on financing of political parties must register in the Register of Political Parties politicians joint initiative of the representatives of the parties and their own representatives. In the act of registration the name of the foundation and registration entity and which, by reason of the subject, and are registered will communicate.

Foundations and entities related to or dependent on political parties entered in the specific section of the registry that is created for this purpose.

2. Foundations and entities linked to political parties or dependent on them who are not registered in the Register of Political Parties may not attend public calls for grants to foundations and organizations linked to political parties or dependent on them.

3. Registration in the Register of Parties will take place irrespective of registration in the Register of foundations or corresponding entities by reason of the subject or its territorial scope.

(/base_datos/Fiscal/549724-ley-organica-3-2015-de-30-de-marzo-de-control-de-la-actividad-economico-financiera.html#I40) Fourth additional provision introduced by paragraph twelve second article of the LO 3/2015, of March 30, control of the economic and financial of Political Parties, an activity for which the LO 8/2007 amending of 4 July on financing of political parties, the LO 6/2002 of June 27, Political Parties and the LO 2/1982, of 12 May, the Court of Auditors ( "BOE" 31 March). Effective: April 1, 2015 single transitional provision

1. Political parties registered in the Register of the Ministry of Interior to the entry into force of this Organic Law shall be subject to the same and retain their legal status and full capacity, without prejudice to adapt its statutes, if necessary , within one year. 2. For the purposes of applying the provisions of paragraph 4 of Article 9 to activities after the entry into force of this Organic Law, will be considered fraud law constitution in date immediately before or after the entry into force of a political party to continue or happen the activity of another, made with the intention of avoiding the application to it of the provisions of this Act. this shall not preclude such an application and may act with respect to that in accordance with the provisions articles 10 and 11 of this Organic Law, corresponding to the special Chamber of the Supreme Court's appreciation of continuity or succession and intent to defraud.

Single derogatory provision

Are repealed few rules are contrary to this Organic Law and in particular, Law 54/1978, of December 4, Political Parties and the existing articles of Law 21/1976 of 14 June.

(/base_datos/Fiscal/549724-ley-organica-3-2015-de-30-de-marzo-de-control-de-la-actividad-economico-financiera.html#I41) Single derogatory provision amended as set out in paragraph thirteen of the second article of the LO 3/2015, of March 30, control of the economic and financial activity of political parties, for which the LO 8/2007 are modified 4 July on financing of political parties, the LO 6/2002 of June 27, Political Parties and the LO 2/1982, of 12 May, the Court of Auditors ( "BOE" 31 March). Effective: April 1, 2015

(/base_datos/Admin/l54-1978.html) -> FINAL PROVISIONS

First Final Provision Regulatory Development

The Government is empowered to issue whatever provisions are necessary for the implementation and development of this law, especially as regards the founding act and its accompanying documents and the Register of Political Parties provided for in Chapter I.

Second final provision Entry into force

This Act shall enter into force on the day following its publication in the "Official Gazette" day.

So,

I command all Spaniards, individuals and authorities to observe and enforce this Act.

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