Constitution
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CONSTITUTION PASSED BY THE CORTES GENERALES IN PLENARY MEETINGS OF THE CONGRESS OF DEPUTIES AND THE SENATE HELD ON OCTOBER 31, 1978 RATIFIED BY REFERENDUM OF THE SPANISH PEOPLE ON DECEMBER 7, 1978 SANCTIONED BY HIS MAJESTY THE KING BEFORE THE CORTES GENERALES ON DECEMBER 27, 1978 LIST OF ABBREVIATIONS Add. Prov.: Additional Provisions C: Constitution Final Prov.: Final Provisions SO: Standing Orders Trans. Prov.: Transitional Provisions 6 ARRANGEMENT OF SECTIONS Page PREAMBLE ............................................................................................... 9 PRELIMINARY PART ................................................................................ 10 PART I. Fundamental Rights and Duties............................................. 12 Chapter 1. Spaniards and Aliens ............................................................. 13 Chapter 2. Rights and Liberties ............................................................... 14 Division 1. Fundamental Rights and Public Liberties .......................... 14 Division 2. Rights and Duties of Citizens............................................. 21 Chapter 3. Principles governing Economic and Social Policy................. 24 Chapter 4. Guarantees of Fundamental Rights and Liberties.................. 28 Chapter 5. Suspension of Rights and Liberties ....................................... 29 PART II. The Crown.............................................................................. 29 PART Ill. The Cortes Generales (Parliament) ...................................... 34 Chapter 1. Houses of Parliament ............................................................ 34 Chapter 2. Drafting of Bills....................................................................... 41 Chapter 3. International Treaties ............................................................. 45 PART IV. Government and Administration............................................. 47 PART V. Relations between the Government and the Cortes Gene- rales........................................................................................ 51 PART VI. Judicial Power........................................................................ 54 7 Page PART VII. Economy and Finance............................................................ 58 PART VIII. Territorial Organization of the State....................................... 62 Chapter 1. General Principles.................................................................. 62 Chapter 2. Local Government.................................................................. 63 Chapter 3. Self-governing Communities.................................................. 64 PART IX. The Constitutional Court ........................................................ 77 PART X. Constitutional Amendment ..................................................... 80 ADDITIONAL PROVISIONS...................................................................... 82 TRANSITIONAL PROVISIONS ................................................................. 83 REPEALS................................................................................................... 86 FINAL PROVISION.................................................................................... 87 8 SPANISH CONSTITUTION We, don Juan Carlos I, King of Spain, an- nounce to all those who may have knowledge of this: that the Cortes have passed and the Spanish people have ratified the following Constitution: PREAMBLE The Spanish Nation, desiring to establish justice, liberty, and security, and to promote the wellbeing of all its members, in the exerci- se of its sovereignty, proclaims its will to: Guarantee democratic coexistence within the Constitution and the laws, in accordance with a fair economic and social order. Consolidate a State of Law which ensures the rule of law as the expression of the popu- lar will. Protect all Spaniards and peoples of Spain in the exercise of human rights, of their culture and traditions, languages and institutions. Promote the progress of culture and of the economy to ensure a dignified quality of life for all. 9 Establish an advanced democratic society, and Cooperate in the strengthening of peace- ful relations and effective cooperation among all the peoples of the earth. Therefore, the Cortes pass and the Spanish people ratifies the following. SPANISH CONSTITUTION Preliminary Part Section 1 A social and 1. Spain is hereby established as a social 2, 6, 7, democratic and democratic State, subject to the rule of 9, 10, State under law, which advocates freedom, justice, equa- 117, the rule of 128 C law lity and political pluralism as highest values of its legal system. National 2. National sovereignty belongs to the 56, 66, sovereignty Spanish people, from whom all State powers 117 C emanate. Parliamentary 3. The political form of the Spanish State is 56, 66, monarchy the Parliamentary Monarchy. 97, 108 C Section 2 National unity The Constitution is based on the indissolu- 1, 137-139, and ble unity of the Spanish Nation, the common 143-148 C devolution to nationalities and indivisible homeland of all Spaniards; it re- and regions cognises and guarantees the right to selfgo- vernment of the nationalities and regions of which it is composed and the solidarity among them all. Section 3 Language 1. Castilian is the official Spanish langua- 14, 139.1, ge of the State. All Spaniards have the duty to 149.1.1 C know it and the right to use it. 2. The other Spanish languages shall also 147, be official in the respective Self-governing 148.1.17, Communities in accordance with their Statutes. Final Prov. C 10 46, 3. The wealth of the different linguistic 149.1.28, forms of Spain is a cultural heritage which 149.2 C shall be especially respected and protected. Section 4 1, 2 C 1. The flag of Spain consists of three hori- National flag zontal stripes: red, yellow and red, the yellow stripe being twice as wide as each red stripe. 147 C 2. The Statutes may recognize flags and ensigns of the Self-governing Communities. These shall be used together with the flag of Spain on their public buildings and in their offi- cial ceremonies. Section 5 1 C The capital of the State is the city of Madrid. Capital Section 6 1.1, 7, 22, Political parties are the expression of politi- Political 23.1, 67.2, cal pluralism, they contribute to the formation parties 127.1, 159.4 C 23 R and expression of the will of the people and are an essential instrument for political parti- cipation. Their creation and the exercise of their activities are free in so far as they respect the Constitution and the law. Their internal structure and their functioning must be demo- cratic. Section 7 1.1, 22, 28, Trade unions and employers’ associations Trade unions 37, 131.2 C contribute to the defence and promotion of the and employers’ economic and social interests which they re- associations present. Their creation and the exercise of their activities shall be free in so far as they respect the Constitution and the law. Their in- ternal structure and their functioning must be democratic. Section 8 28.1, 29.2 30, Armed 62 h), 63.3, 1. The mission of the Armed Forces, com- Forces 70.1 e), 97 C prising the Army, the Navy and the Air Force, 11 is to guarantee the sovereignty and indepen- dence of Spain and to defend its territorial in- tegrity and the constitutional order. 2. The basic structure of military organiza- 81 C tion shall be regulated by an Organic Act in ac- cordance with the principles of the present Constitution. Section 9 Rule of law 1. Citizens and public authorities are 1, 9.3, 10, bound by the Constitution and all other legal 25.1, 103.1, provisions. 106, 161 C Promotion of 2. It is the responsibility of the public aut- 1.1, 39-52, freedom, horities to promote conditions ensuring that 128-131 C equality and citizens’ freedom and equality of individuals and of the participation groups to which they belong are real and ef- by public fective, to remove the obstacles preventing or autorities hindering their full enjoyment, and to facilitate the participation of all citizens in political, eco- nomic, cultural and social life. Constitutional 3. The Constitution guarantees the principle 1.1, 9.1, 25, principles of legality, the hierarchy of legal provisions, the 103, 106, 117, 133, publicity of legal statutes, the non-retroactivity 161 C of punitive provisions that are not favourable to or restrictive of individual rights, the certainty that the rule of law shall prevail, the accounta- bility of public authorities, and the prohibition of arbitrary action of public authorities. PART I Fundamental Rights and Duties Section 10 Foundation 1. The dignity of the person, the inviolable 1.1, 9.2, of the rights which are inherent, the free develop- 53, 81 C constitutional system ment of the personality, the respect for the law and for the rights of others are the foundation of political order and social peace. 12 93-96 C 2. Provisions relating to the fundamental General rights and liberties recognised by the Constitu- interpretation tion shall be construed in conformity with the guideline Universal Declaration of Human Rights and in- ternational treaties and agreements thereon ratified by Spain. CHAPTER 1 Spaniards and Aliens Section 11 14, 23, 29, 1. Spanish nationality shall be acquired, Nationality 30, 35, 59.4, retained and lost in accordance with the provi- 60.1, sions of the law. 149.1.2. C 2. No person of Spanish birth may be de- prived of his or her nationality. 93-96 C 3. The State may negotiate dual nationality Dual treaties