Spanish Constitution

DON JUAN CARLOS I, KING OF SPAIN, TO ALL THAT THIS RESOURCE IS TRAVEL AND ENTER,

SABED: THAT CORTES HAVE APPROVED AND THE SPANISH PEOPLE RATIFIED THE NEXT CONSTITUTION:

PREAMBLE

The Spanish Nation, wishing to establish justice, freedom and security and to promote the good of those who make up it, in the use of its sovereignty, proclaims its will:

Ensuring democratic coexistence within the the Constitution and laws according to a just economic and social order.

Consolidate a rule of law that ensures the rule of law as an expression of popular will.

To protect all Spanish and Spanish peoples in the exercise of human rights, their cultures and traditions, languages and institutions.

Promote the progress of culture and the economy to ensure a decent quality of life for all.

Establish an advanced democratic society; and

To work together to strengthen peaceful relations and effective cooperation among all the peoples of the earth.

Consequently, the Courts approve and the Spanish people ratify the following:

CONSTITUTION

PRELIMINARY TITLE

Article 1

1. Spain is a social and democratic State of law, which advocates freedom, justice, equality and political pluralism as the higher values of its legal system.

2. National sovereignty resides in the Spanish people, from which the powers of the State emanate.

3. The political form of the Spanish state is the parliamentary monarchy.

Article 2

The Constitution is based on the indissoluble unity of the Spanish nation, the common and indivisible homeland of all Spaniards, and recognizes and guarantees the right to autonomy of the nationalities and regions that make up it and solidarity among all of them.

Article 3

1. Spanish is the official Spanish language of the State. All Spaniards have the duty to know it and the right to use it.

2. The other Spanish languages shall also be official in the respective Autonomous Communities in accordance with their Statutes.

3. The richness of Spain's different linguistic modalities is a cultural heritage that will be the subject of special respect and protection.

Article 4

1. The flag of Spain is formed by three horizontal stripes, red, yellow and red, being the yellow of double width that each of the red ones.

2. The Statutes may recognize flags and teachings specific to the Autonomous Communities. These will be used alongside the flag of Spain in its public buildings and in its official acts.

Article 5

The capital of the State is the town of Madrid.

Article 6

Political parties express political pluralism, participate in the formation and manifestation of popular will and are fundamental instruments for political participation. Their creation and the exercise of their activity are free in respect to the Constitution and the law. Its internal structure and functioning must be democratic.

Article 7

Workers' unions and business associations contribute to the defence and promotion of their own economic and social interests. Their creation and the exercise of their activity are free in respect to the Constitution and the law. Its internal structure and functioning must be democratic.

Article 8

1. The Armed Forces, formed by the Army of Land, the Navy and the Air Force, have the mission of guaranteeing the sovereignty and independence of Spain, defending its territorial integrity and constitutional order.

2. An organic law shall regulate the bases of the military organization in accordance with the principles of this Constitution.

Article 9

1. Citizens and public authorities are subject to the Constitution and the rest of the legal system.

2. It is up to the public authorities to promote the conditions for the freedom and equality of the individual and the groups in which he or she is integrated to be real and effective; to remove obstacles that prevent or hinder their fullness; and to facilitate the participation of all citizens in political, economic, cultural and social life.

3. The Constitution guarantees the principle of legality, the hierarchy of rules, the publicity of rules, the non-retroactivity of non-favourable or restrictive sanctioning provisions of individual rights, legal certainty, liability and the interdiction of arbitrariness of public authorities.

TITLE I

Fundamental rights and duties

Article 10

1. The dignity of the person, the inviolable rights inherent in him, the free development of the personality, respect for the law and the rights of others are the foundations of the political order and of social peace.

2. The rules relating to fundamental rights and freedoms which the Constitution shall be interpreted in accordance with the Universal Declaration of Human Rights and international treaties and agreements on the same matters ratified by Spain.

CHAPTER 1

Of Spaniards and foreigners

Article 11

1. Spanish nationality is acquired, retained and lost in accordance with the law.

2. No Spanish of origin may be deprived of his or her nationality.

3. The State may conclude treaties of dual nationality with the Ibero-American countries or with those that have had or have a particular connection with Spain. In these same countries, even if they do not recognize their citizens a reciprocal right, Spanish citizens can be naturalized without losing their nationality of origin.

Article 12

The Spanish are of age at eighteen years.

Article 13

1. Foreigners in Spain shall enjoy the public freedoms guaranteed by this Title in accordance with the terms established by treaties and the law.

2. Only Spaniards shall have the rights recognized in article 23, except that, on the basis of reciprocity criteria, it may be established by treaty or law for the right to vote and stand as a candidate in municipal elections.

3. Extradition shall be granted only in compliance with a treaty or the law, in accordance with the principle of reciprocity. Political offences are excluded from extradition, not terrorist acts.

4. The law shall establish the terms in which citizens of other countries and stateless persons may enjoy the right of asylum in Spain.

Paragraph 2 is amended by the sole article of the Reform of 27 August 1992. Ref. BOE-A-1992-20403

CHAPTER 2

Rights and freedoms

Article 14

Spaniards are equal before the law, without any discrimination on grounds of birth, race, sex, religion, opinion or any other personal or social condition or circumstance.

Section 1.a Fundamental rights and public freedoms

Article 15

Everyone has the right to life and physical and moral integrity, without, in any case, being subjected to torture or inhuman or degrading treatment or punishment. The death penalty is abolished, except as may be provided by military criminal laws for wartime.

Article 16

1. The ideological, religious and religious freedom of individuals and communities is guaranteed without any limitation, in their manifestations, than is necessary for the maintenance of public order protected by law.

2. No one may be compelled to testify about his or her ideology, religion or belief.

3. No confession shall have a state character. The public authorities shall take into account the religious beliefs of Spanish society and shall maintain the ensuing relations of cooperation with the Catholic Church and other denominations.

Article 17

1. Everyone has the right to liberty and security. No one may be deprived of his liberty except in accordance with the provisions of this article and in the cases and in the manner provided for by law.

2. Pre-trial detention may not last longer than is strictly necessary for the conduct of investigations leading to the clarification of the facts, and in any event, within a maximum period of seventy-two hours, the detainee shall be released or placed at the disposal of the judicial authority.

3. Any detained person must be immediately informed, and in such a way as to be understandable to him, of his rights and the reasons for his arrest, and he cannot be compelled to testify. The assistance of a lawyer to the detainee in police and judicial proceedings is guaranteed, as provided by law.

4. The law shall regulate a “habeas corpus” procedure to bring about the immediate disposition of any person unlawfully detained to justice. In addition, the maximum duration of pretrial detention shall be determined by law.

Article 18

1. The right to honour, personal and family privacy and image is guaranteed.

2. The home is inviolable. No entry or registration may be made without the consent of the holder or judicial decision, except in the event of flagrante delicto.

3. The secrecy of communications and, in particular, postal, telegraphic and telephone communications is guaranteed, unless a court decision is taken.

4. The law shall limit the use of computer science to ensure the personal and family honour and privacy of citizens and the full exercise of their rights.

Article 19

Spaniards have the right to freely choose their residence and to move around the national territory.

They also have the right to enter and leave Spain freely in accordance with the terms established by law. This right may not be restricted for political or ideological reasons.

Article 20

1. The following rights are recognized and protected:

(a) To freely express and disseminate thoughts, ideas and opinions by word, writing or any other means of reproduction.

(b) To literary, artistic, scientific and technical production and creation.

(c) Freedom of tenure.

(d) To freely communicate or receive truthful information by any means of dissemination. The law shall regulate the right to a conscience clause and to professional secrecy in the exercise of these freedoms.

2. The exercise of these rights cannot be restricted by any form of prior censorship.

3. The law shall regulate the organization and parliamentary control of the social media that are dependent on the State or any other public body and shall guarantee access to such media by significant social and political groups, respecting the pluralism of society and the various languages of Spain.

4. These freedoms are limited in respect of the rights recognized in this Title, in the precepts of the laws that develop it and, in particular, in the right to honour, privacy, self-image and protection of youth and children.

5. The abduction of publications, recordings and other means of information may only be agreed upon by virtue of a court decision.

Article 21

1. The right to peaceful and unarmed assembly is recognized. The exercise of this right shall not require prior authorization.

2. In the case of meetings in places of public transit and demonstrations, prior communication shall be given to the authority, which may prohibit them only where there are substantial reasons for disturbance of public order, with danger to persons or property.

Article 22

1. The right of association is recognized.

2. Associations that pursue purposes or use criminal means are illegal.

3. Associations established under this article shall be registered for advertising purposes only.

4. Associations may be dissolved or suspended only by virtue of a reasoned judicial decision.

5. Secret and paramilitary associations are prohibited.

Article 23

1. Citizens have the right to participate in public affairs, directly or through representatives, freely elected in periodic elections by universal suffrage.

2. They also have the right to equal access to public office and public office, with the requirements laid down by law.

Article 24

1. All persons have the right to obtain effective protection from judges and courts in the exercise of their legitimate rights and interests, without, in any case, being defenceless.

2. Everyone is also entitled to the ordinary judge prescribed by law, the defence and the assistance of counsel, to be informed of the accusation against them, to a public trial without undue delay and with all guarantees, to use the relevant means of evidence for his defence, not to testify against themselves, not to confess guilt and to the presumption of innocence.

The law shall regulate cases in which, on the basis of kinship or professional secrecy, he is not obliged to testify on alleged criminal acts.

Article 25

1. No one may be convicted or punished for actions or omissions that at the time of occurrence do not constitute an offence, offence or administrative offence, in accordance with the legislation in force at that time.

2. Imprisonment sentences and security measures shall be aimed at re-education and social reintegration and shall not consist of forced labour. A person sentenced to imprisonment who is serving the same sentence shall enjoy the fundamental rights of this Chapter, except those expressly limited by the content of the conviction, the meaning of the sentence and the prison law. In any case, he shall be entitled to paid work and to the corresponding benefits of social security, as well as to access to culture and the integral development of his personality.

3. The civil administration may not impose sanctions that directly or subsidly involve deprivation of liberty.

Article 26

Courts of Honour are prohibited in the field of civil administration and professional organizations.

Article 27

1. Everyone has the right to education. Freedom of education is recognized.

2. Education shall aim at the full development of the human personality in respect of the democratic principles of coexistence and fundamental rights and freedoms.

3. The public authorities guarantee the right of parents to receive religious and moral training in accordance with their own convictions.

4. Basic education is compulsory and free of charge.

5. The public authorities guarantee the right of everyone to education, through general educational programming, with effective participation by all sectors concerned and the establishment of educational institutions.

6. Natural and legal persons are granted the freedom to set up educational establishments, in accordance with constitutional principles.

7. Teachers, parents and, where appropriate, pupils shall be involved in the control and management of all publicly funded institutions supported by the administration, as provided for by law.

8. The public authorities shall inspect and approve the education system in order to ensure compliance with the laws.

9. The public authorities shall assist educational establishments which meet the requirements of the law.

10. The autonomy of universities is recognized, in terms established by law.

Article 28

1. Everyone has the right to organize freely. The law may limit or exclude the exercise of this right to armed forces or institutes or other bodies subject to military discipline and shall regulate the peculiarities of their exercise for public officials. Freedom of association includes the right to form and join trade unions of their choice, as well as the right of trade unions to form confederations and to form or join international trade union organizations. No one may be compelled to join a trade union.

2. The right of workers to strike is recognized in order to defend their interests. The law regulating the exercise of this right shall establish the necessary guarantees to ensure the maintenance of essential community services.

Article 29

1. All Spaniards shall have the right of individual and collective petition, in writing, in the form and with the effects determined by law.

2. Members of the armed forces or institutes or of the military corps may exercise this right only individually and in accordance with the provisions of their specific legislation.

Section 2.a. Rights and duties of citizens

Article 30

1. The Spanish have the right and the duty to defend Spain.

2. The law shall lay down the military obligations of the Spaniards and shall, with due guarantees, regulate conscientious objection, as well as other grounds for exemption from compulsory military service, and may impose alternative social benefits where appropriate.

3. A civil service may be established for the purpose of the general interest.

4. The duties of citizens may be regulated by law in cases of serious risk, disaster or public calamity.

Article 31

1. All will contribute to the sustainability of public expenditure according to their economic capacity through a fair tax system inspired by the principles of equality and progressivity that, in no case, will have a confiscational reach.

2. Public expenditure shall provide an equitable allocation of public resources, and its programming and implementation shall meet the criteria of efficiency and economy.

3. Personal or property benefits of a public nature may be established only in accordance with the law.

Article 32

1. Men and women have the right to enter into marriage with full legal equality.

2. The law shall regulate the forms of marriage, the age and capacity to marry, the rights and duties of spouses, the causes of separation and dissolution and their effects.

Article 33

1. The right to private property and inheritance is recognized.

2. The social function of these rights shall define their content in accordance with the law.

3. No one may be deprived of his property and rights except on justifiable grounds of public utility or social interest, by means of compensation and in accordance with the provisions of the law.

Article 34

1. The right of foundation is recognized for purposes of general interest, in accordance with the law.

2. The provisions of Article 22(2) and (4) shall also apply to foundations.

Article 35

1. All Spaniards have the duty to work and the right to work, to free choice of profession or occupation, to promotion through work and to adequate remuneration to meet their needs and those of their family, without discrimination on the basis of sex in any case.

2. The law will regulate a status of workers.

Article 36

The law shall regulate the particularities of the legal regime of professional associations and the exercise of the professions entitled. The internal structure and functioning of the Colleges must be democratic.

Article 37

1. The law shall guarantee the right to collective bargaining between workers' and employers' representatives and the binding force of the agreements.

2. The right of workers and employers to take collective conflict measures is recognized. The law regulating the exercise of this right, without prejudice to any limitations that may be established, shall include the necessary guarantees to ensure the functioning of essential community services.

Article 38

Freedom of enterprise is recognised within the framework of the market economy. The public authorities guarantee and protect their exercise and the protection of productivity, in accordance with the requirements of the general economy and, where appropriate, planning.

CHAPTER 3

The guiding principles of social and economic policy

Article 39

1. The public authorities ensure the social, economic and legal protection of the family.

2. The public authorities also ensure the comprehensive protection of children, equal before the law regardless of their filiation, and mothers, regardless of their marital status. The law will enable the investigation of paternity.

3. Parents must provide assistance in every way to children who have been born in or out of wedlock, during their minority age and in other cases where it is legally applicable.

4. Children shall enjoy the protection provided for in international agreements protecting their rights.

Article 40

1. The public authorities shall promote favourable conditions for social and economic progress and for a more equitable distribution of regional and personal income within the framework of a policy of economic stability. In particular, they will pursue a policy aimed at full employment.

2. The public authorities shall also promote a policy guaranteeing vocational training and retraining; ensure safety and hygiene at work and ensure the necessary rest, by limiting working hours, paid periodic holidays and promoting appropriate centres.

Article 41

The public authorities shall maintain a public social security scheme for all citizens, guaranteeing sufficient social assistance and benefits in situations of need, especially in the event of unemployment. Assistance and supplementary benefits shall be free.

Article 42

The State shall, in particular, ensure the protection of the economic and social rights of Spanish workers abroad and shall direct its policy towards their return.

Article 43

1. The right to health protection is recognized.

2. The public authorities are responsible for organizing and protecting public health through preventive measures and the necessary services and services. The law shall establish the rights and duties of all in this regard.

3. The public authorities shall promote health education, physical education and sport. They shall also facilitate the proper use of leisure.

Article 44

1. The public authorities shall promote and safeguard access to culture, to which everyone is entitled.

2. The public authorities shall promote science and scientific and technical research for the benefit of the general interest.

Article 45

1. Everyone has the right to enjoy an environment suitable for the development of the person, as well as the duty to preserve it.

2. The public authorities shall ensure the rational use of all natural resources in order to protect and improve the quality of life and to defend and restore the environment, relying on the indispensable collective solidarity.

3. For those who violate the provisions of the preceding paragraph, criminal or, where appropriate, administrative sanctions, as well as the obligation to make reparation for the damage caused, shall be established as provided by law.

Article 46

The public authorities shall ensure the preservation and promote the enrichment of the historical, cultural and artistic heritage of the peoples of Spain and of the goods that make up it, whatever their legal regime and ownership. The criminal law shall punish attacks on this property.

Article 47

All Spaniards have the right to enjoy decent and adequate housing. The public authorities shall promote the necessary conditions and establish the relevant rules for the implementation of this right, regulating the use of land in accordance with the general interest to prevent speculation. The community will participate in the capital gains generated by the urban activities of public authorities.

Article 48

The public authorities shall promote conditions for the free and effective participation of youth in political, social, economic and cultural development.

Article 49

1. Persons with disabilities exercise the rights provided for in this Title in conditions of real and effective freedom and equality. Special protection necessary for such exercise shall be regulated by law.

2. The public authorities will promote policies that ensure full personal autonomy and social inclusion of persons with disabilities, in universally accessible environments. They shall also encourage the participation of their organizations, in accordance with the terms established by law. Particular attention will be paid to the specific needs of women and children with disabilities.

It is amended by the sole article of the Reform of 15 February 2024. Ref. BOE-A-2024-3099

Article 50

The public authorities shall ensure, through adequate and regularly updated pensions, the financial adequacy of citizens during the elderly. Furthermore, regardless of family obligations, they will promote their well-being through a system of social services that will address their specific health, housing, culture and leisure problems.

Article 51

1. The public authorities shall ensure the protection of consumers and users by protecting, through effective procedures, the safety, health and legitimate economic interests of consumers and users.

2. The public authorities shall promote the information and education of consumers and users, promote their organisations and hear them on matters which may affect them, as provided by law.

3. Under the provisions of the preceding paragraphs, the law shall regulate internal trade and the system of authorization of commercial products.

Article 52

The law shall regulate professional organizations that contribute to the defence of their own economic interests. Its internal structure and functioning must be democratic.

CHAPTER 4

Guarantees of fundamental freedoms and rights

Article 53

1. The rights and freedoms recognized in Chapter 2 of this Title bind all public authorities. Only by law, which in any case must respect its essential content, may the exercise of such rights and freedoms be regulated, which shall be protected in accordance with the provisions of article 161, paragraph 1, (a).

2. Any citizen may seek protection of the freedoms and rights recognized in article 14 and the first section of Chapter 2 before the ordinary courts by a procedure based on the principles of preference and sumariness and, where appropriate, by means of an application for amparo before the Constitutional Court. This last resort shall apply to conscientious objection under article 30.

3. Recognition, respect and protection of the principles recognised in Chapter Three shall inform positive legislation, judicial practice and the actions of public authorities. They may only be invoked before the ordinary jurisdiction in accordance with the laws that develop them.

Article 54

An organic law shall regulate the institution of the Ombudsman, as the High Commissioner of the Cortes Generales, appointed by them to defend the rights covered by this Title, for which purpose he may supervise the activity of the Administration, reporting to the Cortes Generales.

CHAPTER 5

Suspension of rights and freedoms

Article 55

1. The rights recognised in Articles 17, 18(2) and (3), 19, 20(1)(a) and (d), 5, 21, 28(2) and 37(2) may be suspended when the declaration of a state of emergency or of siege is agreed on in the terms provided for in the Constitution. Article 17(3) is excluded from the above in the event of a declaration of a state of emergency.

2. An organic law may determine the form and cases in which, individually and with the necessary judicial intervention and appropriate parliamentary control, the rights recognized in Articles 17(2) and 18(2) and (3) may be suspended for particular persons, in connection with investigations involving armed gangs or terrorist elements.

Unreasonable or abusive use of the powers recognized in that organic law would result in criminal liability, as a violation of the rights and freedoms recognized by law.

TITLE II

From the Crown

Article 56

1. The King is the Head of State, symbol of his unity and permanence, arbitrates and moderates the regular functioning of the institutions, assumes the highest representation of the Spanish State in international relations, especially with the nations of his historical community, and exercises the functions expressly attributed to him the Constitution and the laws.

2. The title is that of King of Spain and may use the others corresponding to the Crown.

3. The person of the King is inviolable and is not subject to liability. Their acts shall always be endorsed in the manner laid down in article 64, and shall not be valid without such endorsement, except as provided for in article 65, 2.

Article 57

1. The Crown of Spain is hereditary in the successors of S. M. Don Juan Carlos I de Borbón, legitimate heir of the historical dynasty. Succession to the throne will follow the regular order of birthright and representation, always preferred by the line before the subsequent ones; in the same line, the closest to the most remote; in the same degree, the male to the woman, and in the same sex, the older person to the least.

2. The Crown Prince, from birth or from the moment of the event that the appeal originates, shall have the dignity of Prince of Asturias and other titles traditionally linked to the successor of the Crown of Spain.

3. Extincted all the lines called in Law, the Cortes Generales will provide the succession in the Crown in the manner that best suits the interests of Spain.

4. Those persons entitled to succession to the throne who enter into marriage against the express prohibition of the King and the Cortes Generales shall be excluded in succession to the Crown by themselves and their descendants.

5. Abdications and waivers and any doubts of fact or law occurring in the order of succession to the Crown shall be settled by an organic law.

Article 58

The Queen consort or the Queen's consort may not assume constitutional functions, except as provided for by the Regency.

Article 59

1. When the King is a minor, the father or mother of the King and, failing that, the next of kin to succeed in the Crown, in accordance with the order established in the Constitutionshall immediately enter into the exercise of the Regent and exercise it during the time of the King's minority.

2. If the King is disqualified from exercising his authority and the impossibility is recognized by the Cortes Generales, the Crown Crown Crown Prince, if he is of legal age, shall immediately enter into the exercise of the regency. If it is not, it shall be carried out in the manner provided for in the preceding paragraph, until the Crown Prince reaches the age of majority.

3. If there is no person to whom the Regency belongs, the Regency shall be appointed by the Cortes Generales and shall consist of one, three or five persons.

4. To exercise the Regency it is necessary to be Spanish and of legal age.

5. The Regency shall be exercised by constitutional mandate and always on behalf of the King.

Article 60

1. The guardian of the minor King shall be the person who in his will had appointed the deceased King, provided that he is of legal age and Spanish birth; if he had not been appointed, the father or mother shall be the guardian while they remain widowed. If he is not appointed by the Cortes Generales, the office of Regent and guardian may not be combined except with the father, mother or direct ascendants of the King.

2. The exercise of guardianship is also incompatible with that of any political office or representation.

Article 61

1. The King, upon being proclaimed before the Cortes Generales, shall take an oath to perform his duties faithfully, to keep and to keep the Constitution and laws and respect the rights of citizens and the Autonomous Communities.

2. The Crown Prince, upon reaching the age of majority, and the Regent or Regents, upon taking up their duties, shall take the same oath, as well as the oath of allegiance to the King.

Article 62

It is for the King:

(a) Punish and enact laws.

(b) To convene and dissolve the Cortes Generales and to convene elections as provided for in the Constitution.

(c) To call for a referendum in the cases provided for in the Constitution.

(d) To propose and, where appropriate, appoint a candidate for the President of the Government and to terminate his or her functions as provided for in the Constitution.

(e) To appoint and separate members of the Government, on the proposal of its President.

(f) Issue decrees agreed in the Council of Ministers, confer civilian and military jobs and grant honours and distinctions in accordance with the law.

(g) To be informed of State affairs and to chair, for this purpose, the meetings of the Council of Ministers, when it deems it appropriate, at the request of the President of the Government.

(h) The supreme command of the armed forces.

(i) Exercising the right of grace under the law, which may not authorize general pardons.

(j) The High Patronage of the Royal Academies.

Article 63

1. The King accredits ambassadors and other diplomatic representatives. Foreign representatives in Spain are accredited to him.

2. The King is responsible for expressing the consent of the State to be internationally bound by treaties, in accordance with the Constitution and the laws.

3. The King is responsible, with the authorization of the Cortes Generales, for declaring war and making peace.

Article 64

1. The acts of the King shall be endorsed by the President of the Government and, where appropriate, by the competent Ministers. The proposal and appointment of the President of the Government, and the dissolution provided for in article 99, shall be endorsed by the President of the Congress.

2. The King's actions shall be the responsibility of the persons who endorse them.

Article 65

1. The King receives from the State Budgets a global amount for the support of his Family and House, and distributes it freely.

2. The King freely appoints and relieves the civilian and military members of his House.

TITLE III

Of the Cortes Generales

CHAPTER 1

From Chambers

Article 66

1. The Cortes Generales represent the Spanish people and are formed by the Congress of Deputies and the Senate.

2. The General Courts exercise the legislative power of the State, approve its budgets, control the action of the Government and have the other powers conferred upon them by it. the Constitution.

3. The Cortes Generales are inviolable.

Article 67

1. No one may be a member of the two Chambers simultaneously, nor may he accumulate the minutes of an Assembly of Autonomous Community with that of a Member of Congress.

2. Members of the Cortes General shall not be bound by mandatory terms of reference.

3. Meetings of Parliamentarians held without a statutory call shall not bind the Chambers, and shall not exercise their functions or enjoy their privileges.

Article 68

1. The Congress is composed of a minimum of 300 and a maximum of 400 deputies, elected by universal, free, equal, direct and secret suffrage, as established by law.

2. The constituency is the province. The populations of Ceuta and Melilla shall be represented each by a Member of Parliament. The law will distribute the total number of deputies, assigning a minimum initial representation to each constituency and distributing the others in proportion to the population.

3. The election shall be verified in each constituency on the basis of proportional representation criteria.

4. Congress is elected for four years. The term of office of the deputies expires four years after their election or on the day of the dissolution of the Chamber.

5. All Spaniards who are in full use of their political rights are eligible voters.

The law shall recognize and the State shall facilitate the exercise of the right to vote for Spaniards outside the territory of Spain.

6. Elections shall take place between thirty days and sixty days from the end of the term of office. The elected Congress shall be convened within twenty-five days of the holding of the elections.

Article 69

1. The Senate is the House of Territorial Representation.

2. In each province, four Senators will be elected by universal, free, equal, direct and secret suffrage by the voters of each of them, in terms of an organic law.

3. In the island provinces, each island with Cabildo or Island Council will constitute a constituency for the election of senators, corresponding to three of the largest islands - Gran Canaria, Mallorca and Tenerife - and one each of the following islands: Ibiza, Formentera, Menorca, Fuerteventura, La Gomera, El Hierro, Lanzarote and La Palma.

4. The populations of Ceuta and Melilla will each elect two Senators.

5. The Autonomous Communities shall also designate one Senator and one more Senator for each million inhabitants of their respective territory. The designation shall be made by the Legislative Assembly or, failing that, by the higher collegiate body of the Autonomous Community, in accordance with the provisions of the Statutes, which shall in any case ensure adequate proportional representation.

6. The Senate is elected for four years. The term of office of the Senators expires four years after their election or on the day of the dissolution of the House.

Paragraph 3 is amended by the sole article of the Reform of 19 May 2026. Ref. BOE-A-2026-10881

The effectiveness of the creation of the electoral constituencies of Ibiza and Formentera will be postponed until the first Senate elections to be held after the entry into force of the aforementioned reform, as established by its single transitional provision.

Article 70

1. The electoral law shall determine the causes of ineligibility and incompatibility of the Deputies and Senators, which shall in any case include:

(a) The components of the Constitutional Court.

(b) The senior officials of the State administration as determined by law, with the exception of members of the Government.

(c) The Ombudsman.

(d) Judges, Judges and Prosecutors in service.

(e) Professional military personnel and members of the Security and Police Forces and Units in operation.

(f) Members of the Electoral Boards.

2. The validity of the minutes and credentials of the members of both Chambers shall be subject to judicial control, as provided for in the electoral law.

Article 71

1. Deputies and Senators shall be inviolable by the views expressed in the exercise of their functions.

2. During the term of office, deputies and senators shall also enjoy immunity and may be detained only in the event of flagrante delicto. They may not be charged or prosecuted without the prior authorization of the respective Chamber.

3. In cases against Deputies and Senators, the Criminal Division of the Supreme Court shall have jurisdiction.

4. Deputies and Senators shall receive an assignment to be determined by the respective Chambers.

Article 72

1. The Chambers establish their own regulations, adopt their budgets autonomously and, by mutual agreement, regulate the Staff Regulations of the Cortes Generales. The Rules of Procedure and their reform will be put to a final vote on their entirety, which will require an absolute majority.

2. The Chambers elect their respective Presidents and other members of their Bureaux. The joint sessions shall be chaired by the President of the Congress and shall be governed by a Rules of Procedure of the General Courts approved by an absolute majority of each House.

3. The Presidents of the Chambers exercise all administrative powers and police powers on their behalf within their respective offices.

Article 73

1. The Chambers will meet annually in two ordinary sessions: the first session, from September to December, and the second session, from February to June.

2. The Chambers may meet in extraordinary sessions at the request of the Government, the Permanent Council or an absolute majority of the members of any Chamber. Special sessions shall be convened on a given agenda and shall be closed once the agenda has been exhausted.

Article 74

1. The Chambers shall meet in joint session to exercise the non-legislative powers expressly conferred on the Cortes General by Title II.

2. The decisions of the Cortes General provided for in Articles 94, 1, 145, 2 and 158, 2 shall be adopted by a majority of each Chamber. In the first case, the procedure will be initiated by Congress, and in the other two by the Senate. In both cases, if there is no agreement between Senate and Congress, an attempt will be made to obtain a Joint Commission composed of equal numbers of deputies and senators. The Commission will present a text to be voted by both Chambers. If it is not approved in the established form, Congress shall decide by an absolute majority.

Article 75

1. The Chambers shall function in plenary and by Commission.

2. The Chambers may delegate to the Permanent Legislative Committees the approval of drafts or proposals for legislation. The plenary may, however, at any time request the discussion and voting on any draft or proposed legislation that has been the subject of this delegation.

3. Except for the provisions of the preceding paragraph, the constitutional reform, international issues, basic and organizational laws and the general budgets of the State are excluded.

Article 76

1. The Congress and the Senate, and, where appropriate, both Chambers jointly, may appoint Commissions of Inquiry on any matter of public interest. Its findings shall not be binding on the courts, nor shall they affect judicial decisions, without prejudice to the fact that the outcome of the investigation is communicated to the Public Prosecutor for the purpose of taking appropriate action, where appropriate.

2. It shall be compulsory to appear at the request of the Chambers. The law shall regulate any sanctions that may be imposed for failure to comply with this obligation.

Article 77

1. Chambers may receive individual and collective petitions, always in writing, and direct presentation by citizens' demonstrations is prohibited.

2. The Chambers may transmit to the Government any requests they receive. The Government is obliged to explain its content, provided that the Chambers so require.

Article 78

1. In each House there will be a Permanent Council composed of at least 21 members, representing parliamentary groups, in proportion to their numerical importance.

2. The Permanent Representatives shall be presided over by the President of the respective Chamber and shall have as their functions the powers provided for in Article 73, the powers of the Chambers, in accordance with Articles 86 and 116, in the event that they have been dissolved or their term of office has expired and the powers of the Chambers when they are not in session.

3. On expiry of the mandate or in the event of dissolution, the Permanent Councils shall continue to exercise their functions until the constitution of the new General Courts.

4. The Permanent Representative shall, after meeting the relevant Chamber, give an account of the matters dealt with and their decisions.

Article 79

1. In order to adopt agreements, the Chambers must be meeting by regulation and with the assistance of a majority of their members.

2. Such agreements shall, in order to be valid, be approved by a majority of the members present, without prejudice to any special majorities which they may establish. the Constitution or the organic laws and those which, for the election of persons, establish the regulations of the Chambers.

3. The vote of Senators and Deputies is personal and indelible.

Article 80

The plenary sessions of the Chambers shall be public, unless otherwise agreed by each Chamber, adopted by an absolute majority or in accordance with the Rules of Procedure.

CHAPTER 2

The drafting of laws

Article 81

1. Organic laws are those relating to the development of fundamental rights and public freedoms, those which adopt the Statutes of Autonomy and the general electoral regime and the others provided for in the Constitution.

2. The approval, amendment or repeal of the organic laws will require an absolute majority of Congress, in a final vote on the whole project.

Article 82

1. The General Courts may delegate to the Government the power to issue rules with the status of law on specific matters not covered by the preceding article.

2. The legislative delegation shall be granted by means of a basic law when its purpose is the formation of articulated texts or by an ordinary law when it is necessary to consolidate several legal texts into one.

3. The legislative delegation shall be expressly granted to the Government for specific purposes and with a time limit for its exercise. The delegation was exhausted by the Government ' s use of the rule by publishing it. It may not be understood as being granted implicitly or for an indefinite period of time. Nor may it permit sub-delegation to authorities other than the Government itself.

4. The basic laws shall define precisely the object and scope of the legislative delegation and the principles and criteria to be followed in its exercise.

5. Authorization to recast legal texts will determine the normative scope to which the delegation refers, specifying whether it is limited to the mere formulation of a single text or whether it includes regularizing, clarifying and harmonizing the legal texts to be consolidated.

6. Without prejudice to the jurisdiction of the Tribunals, delegation laws may in each case establish additional control formulas.

Article 83

Basic laws may not in any case:

(a) Authorize the amendment of the basic law itself.

(b) Power to issue rules retroactively.

Article 84

Where a proposed law or amendment is contrary to an existing legislative delegation, the Government has the power to object to its processing. In such a case, a proposal for a law may be submitted for the total or partial repeal of the law on delegation.

Article 85

Provisions of the Government containing delegated legislation will be entitled as Legislative Decrees.

Article 86

1. In the event of extraordinary and urgent need, the Government may issue provisional legislative provisions which shall take the form of decrees-laws and which shall not affect the organization of the basic institutions of the State, the rights, duties and freedoms of citizens governed by Title I, the regime of the Autonomous Communities or general electoral law.

2. The Decree-Laws shall immediately be submitted to the Congress of Deputies for debate and voting in full, if they are not in session, within thirty days of their promulgation. The Congress shall expressly decide within that time-limit on its validation or repeal, for which purpose the Rules of Procedure shall establish a special and summary procedure.

3. During the period set out in the preceding paragraph, the Courts may process them as draft laws by means of the urgent procedure.

Article 87

1. The legislative initiative is the responsibility of the Government, Congress and the Senate, in accordance with the Constitution and the Rules of Procedure of Chambers.

2. The Assemblies of the Autonomous Communities may request from the Government the adoption of a draft law or forward to the Bureau of Congress a proposal for a law, with a maximum of three members of the Assembly responsible for their defence delegated to the said Chamber.

3. An organic law will regulate the forms of exercise and requirements of the popular initiative for the presentation of proposals of law. In any event, no less than 500,000 accredited signatures will be required. Such an initiative shall not be carried out in matters of organic law, taxation or international law, or in matters relating to the prerogative of grace.

Article 88

The draft laws will be approved by the Council of Ministers, which will submit them to Congress, together with a statement of reasons and the necessary background to decide on them.

Article 89

1. The handling of proposals for legislation shall be regulated by the Rules of Procedure of the Chambers, without the priority due to the bills preventing the exercise of legislative initiative in the terms regulated by Article 87.

2. Proposals for a law which, in accordance with article 87, the Senate takes into consideration, shall be submitted to Congress for processing in the Senate as such proposal.

Article 90

1. The President of the Senate shall immediately report the bill to the President of the Senate, who shall submit it to the Senate for deliberation.

2. The Senate, within two months of receipt of the text, may, by means of a reasoned message, oppose its veto or make amendments to it. The veto must be approved by an absolute majority. The draft may not be submitted to the King for sanction without the ratification by the Congress of the initial text by an absolute majority, in the event of a veto, or by a simple majority, after two months from the time of the introduction of the text, or the adoption of the amendments by a simple majority or not.

3. The two-month deadline for the Senate to veto or amend the bill will be reduced to 20 calendar days for projects declared urgent by the Government or the Congress of Deputies.

Article 91

The King shall, within fifteen days, sanction the laws adopted by the Cortes Generales and shall promulgate and order their immediate publication.

Article 92

1. Political decisions of particular importance may be submitted to a consultative referendum of all citizens.

2. The referendum shall be convened by the King on the proposal of the President of the Government, previously authorized by the Congress of Deputies.

3. An organic law shall regulate the conditions and procedure for the various forms of referendum provided for in this Constitution.

CHAPTER 3

International Treaties

Article 93

An organic law may authorize the conclusion of treaties conferring on an international organization or institution the exercise of powers deriving from the Constitution. It is for the Cortes Generales or the Government, depending on the case, to guarantee compliance with these treaties and with the resolutions issued by the international or supranational bodies that have the right of assignment.

Article 94

1. The provision of the consent of the State to be bound by treaties or conventions shall require the prior authorization of the Cortes Generales, in the following cases:

(a) Treaties of a political nature.

(b) Treaties or conventions of a military nature.

(c) Treaties or conventions affecting the territorial integrity of the State or the fundamental rights and duties set out in Title I.

(d) Treaties or agreements involving financial obligations for public finances.

(e) Treaties or conventions that entail modification or repeal of any law or require legislative measures for its implementation.

2. The Congress and the Senate shall be immediately informed of the conclusion of the remaining treaties or conventions.

Article 95

1. The conclusion of an international treaty containing provisions contrary to the Constitution require prior constitutional review.

2. The Government or any of the Chambers may request the Constitutional Court to declare whether or not such a contradiction exists.

Article 96

1. Validly concluded international treaties, once officially published in Spain, shall form part of the domestic law. Its provisions may be repealed, amended or suspended only in the manner provided for in the treaties themselves or in accordance with the general rules of international law.

2. Denunciation of international treaties and conventions shall be subject to the same procedure as provided for in article 94.

TITLE IV

Government and Administration

Article 97

The Government directs domestic and foreign policy, civil and military administration and the defence of the State. Exercise the executive function and regulatory authority in accordance with the Constitution and the laws.

Article 98

1. The Government consists of the President, the Vice-Presidents, if any, Ministers and other members as provided for by law.

2. The President directs the action of the Government and coordinates the functions of the other members of the Government, without prejudice to the competence and direct responsibility of the other members in their management.

3. Members of the Government may not perform any other representative functions other than those of the parliamentary mandate, or any other public function which does not result from their office, or any professional or commercial activity.

4. The law shall regulate the status and incompatibilities of members of the Government.

Article 99

1. After each renewal of the Congress of Deputies, and in other constitutional cases where appropriate, the King, after consultation with the representatives appointed by the political groups with parliamentary representation, and through the President of the Congress, shall propose a candidate for the Presidency of the Government.

2. The candidate nominated in accordance with the provisions of the preceding paragraph shall present to the Congress of Deputies the political programme of the Government which seeks to form and seek the confidence of the Chamber.

3. If the Congress of Deputies, by the vote of an absolute majority of its members, confers its confidence on that candidate, the King shall appoint him as President. If such a majority is not reached, the same proposal shall be put to a new vote forty-eight hours after the previous one, and confidence shall be deemed to be granted if it obtains a simple majority.

4. If such votes are not held, the confidence for the investiture shall be given, successive proposals shall be processed in the manner provided for in the preceding paragraphs.

5. If no candidate has obtained the confidence of Congress after the two-month term, from the first investiture vote, the King shall dissolve both Houses and call for new elections with the endorsement of the President of Congress.

Article 100

The other members of the Government shall be appointed and separated by the King, on the proposal of his President.

Article 101

1. The Government ceases after the general elections, in cases of loss of parliamentary confidence the Constitutionor the resignation or death of its President.

2. The no-show Government will remain in office until the new Government takes office.

Article 102

1. The criminal responsibility of the President and other members of the Government shall, if necessary, be vested in the Criminal Division of the Supreme Court.

2. If the charge is for treason or for any offence against the security of the State in the exercise of its functions, it may be brought only on the initiative of one quarter of the members of Congress, and with the approval of an absolute majority thereof.

3. The royal prerogative of grace shall not apply to any of the cases of this article.

Article 103

1. The Public Administration serves the general interests objectively and acts in accordance with the principles of efficiency, hierarchy, decentralization, deconcentration and coordination, with full compliance with the law and the law.

2. The organs of State administration are established, governed and coordinated in accordance with the law.

3. The law shall regulate the status of civil servants, access to the civil service in accordance with the principles of merit and capacity, the peculiarities of the exercise of their right to organize, the system of incompatibilities and guarantees for impartiality in the exercise of their functions.

Article 104

1. The security forces and bodies, under the Government ' s control, shall have the task of protecting the free exercise of rights and freedoms and guaranteeing citizen security.

2. An organic law shall determine the functions, basic principles of performance and statutes of the Security Forces and Corps.

Article 105

The law shall regulate:

(a) Hearing of citizens, directly or through organizations and associations recognized by law, in the procedure for drawing up administrative provisions affecting them.

(b) Access of citizens to administrative records and records, except in matters affecting the security and defence of the State, the investigation of offences and the privacy of persons.

(c) The procedure by which administrative acts must take place, ensuring, where appropriate, the hearing of the person concerned.

Article 106

1. The courts control the regulatory power and legality of administrative action, as well as the subjection of administrative action to the purposes justifying it.

2. Individuals, in accordance with the terms established by law, shall be entitled to compensation for any injury suffered in any of their property and rights, except in cases of force majeure, provided that the injury results from the operation of public services.

Article 107

The Council of State is the supreme consultative body of the Government. An organic law shall regulate its composition and competence.

TITLE V

Relations between the Government and the Courts

Article 108

The Government responds in solidarity in its political management to the Congress of Deputies.

Article 109

The Chambers and their Commissions may seek, through the Presidents of the Chambers, the information and assistance they require from the Government and their Departments and from any authorities of the State and the Autonomous Communities.

Article 110

1. The Chambers and their Commissions may demand the presence of members of the Government.

2. Members of the Government have access to and the power to make themselves heard in the Chamber and its Commission sessions and may request that they report to the same officials of their Departments.

Article 111

1. The Government and each of its members are subject to the questions and questions put to it in the Chambers. For this type of debate the Regulations shall set a minimum weekly time.

2. Any appeal may give rise to a motion in which the House expresses its position.

Article 112

The President of the Government, after discussion by the Council of Ministers, may raise with the Congress of Deputies the question of confidence on its agenda or on a general policy statement. Trust shall be deemed to be granted when the simple majority of the deputies vote in favour of it.

Article 113

1. The Congress of Deputies may demand the political responsibility of the Government by adopting the motion of censure by an absolute majority.

2. The motion of censure shall be submitted by at least one tenth of the deputies and shall include one candidate for the Presidency of the Government.

3. A motion of censure may not be voted on until five days after its submission. Alternative motions may be lodged within the first two days of that period.

4. If the motion of censure is not approved by Congress, its signatories may not present another motion during the same session.

Article 114

1. If Congress denies its confidence in the Government, the Government shall resign from the King, then proceed to the appointment of the President of the Government, as provided for in article 99.

2. If Congress adopts a motion of censure, the Government shall submit its resignation to the King and the candidate included therein shall be deemed to be vested in the confidence of the House for the purposes set out in article 99. The King shall appoint him as President of the Government.

Article 115

1. The President of the Government may, after deliberation by the Council of Ministers and under his sole responsibility, propose the dissolution of the Congress, the Senate or the Cortes Generales, which shall be decreed by the King. The dissolution decree shall set the date of the elections.

2. A proposal for dissolution may not be submitted when a motion of censure is pending.

3. It shall not be dissolved again before one year has elapsed since the previous year, except as provided for in Article 99(5).

Article 116

1. An organic law shall regulate the states of alarm, emergency and siege, and the corresponding competences and limitations.

2. A state of alarm shall be declared by the Government by decree agreed in the Council of Ministers for a maximum period of fifteen days, giving notice to the Congress of Deputies, meeting immediately for that purpose and without whose authorization the said period may not be extended. The decree shall determine the territorial scope to which the effects of the declaration extend.

3. A state of emergency shall be declared by the Government by decree agreed in the Council of Ministers, subject to authorization by the Congress of Deputies. The authorization and proclamation of a state of emergency shall expressly determine the effects of the state of emergency, the territorial scope to which it extends and its duration, which may not exceed thirty days, which may be extended for another equal period, subject to the same requirements.

4. The state of siege shall be declared by the absolute majority of the Congress of Deputies, on the sole proposal of the Government. The Congress shall determine its territorial scope, duration and conditions.

5. The dissolution of Congress may not take place until some of the states covered by this article have been declared, and the Chambers are automatically convened if they are not in session. Its functioning, as well as that of the other constitutional powers of the State, may not be interrupted during the life of these states.

Dissolved or expired the term of office, if any of the situations that give rise to any of these states occur, the powers of the Congress shall be assumed by its Permanent Council.

6. The declaration of states of alarm, emergency and siege shall not alter the principle of the responsibility of the Government and its agents recognized in the Constitution and in the laws.

TITLE VI

The Judiciary

Article 117

1. Justice emanates from the people and is administered on behalf of the King by independent, immovable, accountable and subject only to the rule of law judges and magistrates of the judiciary.

2. Judges and magistrates may not be separated, suspended, transferred or retired, except for any of the cases and guarantees provided by law.

3. The exercise of judicial power in all types of proceedings, by trying and enforcing the court, is the exclusive responsibility of the courts and tribunals determined by law, in accordance with the rules of competence and procedure established by them.

4. The courts and tribunals shall not exercise any functions other than those referred to in the preceding paragraph and those expressly assigned to them by law in guarantee of any right.

5. The principle of jurisdictional unity is the basis for the organization and functioning of the Tribunals. The law shall regulate the exercise of military jurisdiction in the strictly military sphere and in the case of a state of siege, in accordance with the principles of the Constitution.

6. Emergency courts are prohibited.

Article 118

It is obliged to comply with the judgments and other final decisions of the Judges and Tribunals, as well as to provide the cooperation required by them in the course of the proceedings and in the execution of the decisions.

Article 119

Justice shall be free of charge when the law so provides and, in any event, for those who prove insufficient resources to litigate.

Article 120

1. Judicial proceedings shall be public, with the exceptions provided for in the procedural laws.

2. The procedure shall be predominantly oral, particularly in criminal matters.

3. The judgments shall always be reasoned and shall be delivered in a public hearing.

Article 121

Damage caused by judicial error, as well as damage caused by the abnormal functioning of the Administration of Justice, shall be entitled to compensation by the State, in accordance with the law.

Article 122

1. The Organic law of the judiciary determine the constitution, functioning and administration of the courts and tribunals, as well as the legal status of the judges and magistrates of careers, who shall form a single body, and of the staff in the service of the administration of justice.

2. The General Council of the Judiciary is the governing body of the judiciary. The Organic Law shall establish its statute and the regime of incompatibilities of its members and their functions, in particular in the areas of appointments, promotions, inspection and disciplinary regime.

3. The General Council of the Judiciary shall consist of the Chief Justice, who shall preside over it, and of twenty members appointed by the King for a term of five years. Of these, twelve were between Judges and Judges of all judicial categories, as provided for by the organic law; four were proposed by the Congress of Deputies, and four were proposed by the Senate, elected in both cases by a majority of three fifths of its members, among lawyers and other jurists, all of whom had recognized competence and had more than fifteen years of practice in their profession.

Article 123

1. The Supreme Court, with jurisdiction throughout Spain, is the highest court in all orders, except for constitutional guarantees.

2. The President of the Supreme Court shall be appointed by the King, on a proposal from the General Council of the Judiciary, in a manner determined by law.

Article 124

1. The Public Prosecutor ' s Office, without prejudice to the functions entrusted to other bodies, has the task of promoting the action of the courts in defence of legality, the rights of citizens and the public interest protected by law, on its own initiative or at the request of the persons concerned, as well as ensuring the independence of the courts and ensuring the satisfaction of the social interest before them.

2. The Public Prosecutor ' s Office exercises its functions through its own bodies in accordance with the principles of unit of action and hierarchical dependence and subject, in any case, to those of legality and impartiality.

3. The law shall regulate the organic status of the Public Prosecutor ' s Office.

4. The Attorney General of the State shall be appointed by the King, on a proposal from the Government, after hearing the General Council of the Judiciary.

Article 125

Citizens may exercise popular action and participate in the administration of justice by establishing the jury, in the form and with respect to criminal proceedings determined by law, as well as in customary and traditional courts.

Article 126

The judicial police are under the responsibility of the judges, the courts and the Public Prosecutor's Office in their functions of investigating the crime and discovering and securing the offender, as provided by law.

Article 127

1. Judges and magistrates, as well as prosecutors, may not, while in office, hold other public office, or belong to political parties or trade unions. The law shall establish the system and modalities of professional association of judges, magistrates and prosecutors.

2. The law shall establish the regime of incompatibilities of members of the judiciary, which shall ensure their full independence.

TITLE VII

Economy and Finance

Article 128

1. All the wealth of the country in its different forms and whatever its ownership is subordinated to the general interest.

2. Public initiative in economic activity is recognised. Essential resources or services may be reserved for the public sector by law, especially in the case of a monopoly, and the intervention of undertakings may also be agreed upon where this is required by the general interest.

Article 129

1. The law shall establish the forms of participation of those concerned in the social security system and in the activities of public bodies whose function directly affects the quality of life or the general welfare.

2. The public authorities shall effectively promote the various forms of participation in the enterprise and promote, through appropriate legislation, cooperative societies. They shall also establish means to facilitate workers' access to ownership of the means of production.

Article 130

1. The public authorities shall take care of the modernization and development of all economic sectors, in particular agriculture, livestock, fisheries and handicrafts, in order to equalize the standard of living of all Spaniards.

2. For the same purpose, special treatment will be given to mountain areas.

Article 131

1. The State may, by law, plan general economic activity to meet collective needs, balance and harmonize regional and sectoral development and stimulate income and wealth growth and its fairest distribution.

2. The Government shall draw up planning projects, in accordance with the forecasts provided by the Autonomous Communities and the advice and collaboration of trade unions and other professional, business and economic organizations. To this end, a Council shall be constituted, whose composition and functions shall be carried out by law.

Article 132

1. The law shall regulate the legal regime of property in the public domain and of communal property, based on the principles of inalienability, non-rescriptibility and inembargability, as well as its disaffection.

2. State-owned assets are those determined by law and, in any case, the maritime-terrestrial zone, beaches, the territorial sea and the natural resources of the economic zone and the continental shelf.

3. The State Heritage and National Heritage, its administration, defence and conservation shall be regulated by law.

Article 133

1. The original power to establish the taxes is solely vested in the State by law.

2. The Autonomous Communities and local bodies may establish and demand taxes, in accordance with the Constitution and the laws.

3. Any tax benefit affecting State taxes shall be established by law.

4. Public administrations may incur financial obligations and incur expenses only in accordance with the law.

Article 134

1. The Government is responsible for the preparation of the General Budgets of the State and the Cortes Generales, their examination, amendment and approval.

2. The State's general budgets shall be annual, shall include all expenditure and revenue of the State public sector and shall include the amount of tax benefits affecting State taxes.

3. The Government shall submit to the Congress of Deputies the General State Budgets at least three months before the expiry of the previous year.

4. If the Budgets Act is not adopted before the first day of the corresponding financial year, the Budgets of the preceding financial year shall automatically be considered as extended until the approval of the new budget.

5. The Government may submit draft laws, approved by the General Budgets of the State, which entail an increase in public expenditure or a decrease in revenue for the same financial year.

6. Any proposal or amendment that would increase appropriations or decrease budgetary revenue will require the agreement of the Government for its processing.

7. The Budgets Act cannot create taxes. It may amend them when a substantive tax law so provides.

Article 135

1. All public administrations shall adapt their actions to the principle of budgetary stability.

2. The State and the Autonomous Communities may not incur a structural deficit exceeding the margins, if any, established by the European Union for their Member States.

An organic law will set the maximum structural deficit allowed to the State and the Autonomous Communities in relation to their gross domestic product. The local authorities must present a budgetary balance.

3. The State and the Autonomous Communities shall be authorized by law to issue public debt or to enter into credit.

Credits to satisfy the interest and capital of the public debt of the Administrations shall always be included in the statement of expenditure of their budgets and their payment shall be given absolute priority. These appropriations may not be amended or amended, as long as they comply with the conditions of the issuing law.

The amount of government debt of the general government as a whole in relation to the gross domestic product of the State may not exceed the reference value set out in the Treaty on the Functioning of the European Union.

4. The limits of structural deficit and of the volume of public debt can only be exceeded in the event of natural disasters, economic recession or extraordinary emergency situations that escape the control of the State and significantly impair the financial situation or the economic or social sustainability of the State, appreciated by the absolute majority of the members of the Congress of Deputies.

5. An organic law shall develop the principles referred to in this article, as well as the participation, in the respective procedures, of the organs of institutional coordination between the public administrations in the field of fiscal and financial policy. In any case, it shall regulate:

(a) The distribution of deficit and debt limits among the different public administrations, the exceptional situations of exceeding them and the form and time frame for correcting deviations that may occur over both administrations.

(b) The methodology and procedure for calculating the structural deficit.

(c) The responsibility of each public administration in the event of non-compliance with budgetary stability objectives.

6. The Autonomous Communities shall, in accordance with their respective Statutes and within the limits referred to in this Article, adopt such provisions as may be appropriate for the effective application of the principle of stability in their budgetary rules and decisions.

It is amended by the sole article of the Reform of 27 September 2011. Ref. BOE-A-2011-15210.

The structural deficit limits set out in paragraph 2 shall enter into force from 2020, as laid down in the single additional provision.3.

Article 136

1. The Court of Auditors is the supreme oversight body for State accounts and economic management, as well as for the public sector.

It shall report directly to the Cortes Generales and shall exercise its functions by delegation of them in the examination and verification of the General Account of the State.

2. The accounts of the State and the State public sector shall be submitted to and censored by the Court of Auditors.

The Court of Auditors shall, without prejudice to its own jurisdiction, transmit to the Cortes Generales an annual report, where appropriate, to report any infringements or responsibilities it considers to have been committed.

3. The members of the Court of Auditors shall enjoy the same independence and irremovability and shall be subject to the same incompatibilities as the Judges.

4. An organic law shall regulate the composition, organization and functions of the Court of Auditors.

TITLE VIII

From the Territorial State Organization

CHAPTER 1

General principles

Article 137

The State is organized on a territorial basis in municipalities, provinces and autonomous communities. All these entities enjoy autonomy in the management of their respective interests.

Article 138

1. The State guarantees the effective realization of the principle of solidarity enshrined in the Article 2 of the Constitutionensuring the establishment of an appropriate and fair economic balance between the various parts of Spain, and taking particular account of the circumstances of the island.

2. Differences between the Statutes of the different Autonomous Communities may not in any case entail economic or social privileges.

Article 139

1. All Spaniards have the same rights and obligations in any part of the territory of the State.

2. No authority may adopt measures directly or indirectly impeding the freedom of movement and establishment of persons and the free movement of goods throughout Spain.

CHAPTER 2

Local Government

Article 140

The Constitution guarantees the autonomy of the municipalities. They shall have full legal personality. Their government and administration is the responsibility of their respective City Councils, made up of the Mayors and the Councillors. Councillors shall be elected by the residents of the municipality by universal, equal, free, direct and secret suffrage in the manner established by law. The mayors will be elected by the councillors or by the neighbors. The law shall regulate the conditions under which the open council regime applies.

Article 141

1. The province is a local entity with its own legal personality, determined by the grouping of municipalities and territorial division for the fulfilment of the activities of the State. Any alteration of the provincial boundaries must be approved by the General Courts by organic law.

2. The government and autonomous administration of the provinces shall be entrusted to Councils or other bodies of a representative nature.

3. Groups of municipalities other than the province may be created.

4. In the archipelagos, the islands will also have their own administration in the form of Councils or Councils.

Article 142

The local Treasury shall have sufficient means to carry out the functions assigned by law to the respective Corporations and shall be provided mainly by own taxes and by participation in those of the State and the Autonomous Communities.

CHAPTER 3

From the Autonomous Communities

Article 143

1. In the exercise of the right to autonomy recognized in the Article 2 of the Constitutionborder provinces with common historical, cultural and economic characteristics, island territories and provinces with historical regional entities may accede to their self-government and become autonomous communities in accordance with the provisions of this Title and the respective Statutes.

2. The initiative of the autonomous process is the responsibility of all the concerned councils or the relevant inter-insular body and of two thirds of the municipalities whose population represents at least the majority of the electoral census in each province or island. These requirements shall be fulfilled within six months of the first agreement adopted by one of the local bodies concerned.

3. The initiative, if not successful, can only be repeated after five years.

Article 144

The General Courts may, by means of an organic law, for reasons of national interest:

(a) To authorize the establishment of an autonomous community where its territorial scope does not exceed that of a province and does not meet the conditions of Article 143(1).

(b) To authorize or agree, where appropriate, on a Statute of Autonomy for Territories not integrated into the provincial organization.

(c) To replace the initiative of the local bodies referred to in Article 143(2).

Article 145

1. Under no circumstances shall the Federation of Autonomous Communities be admitted.

2. The Statutes may provide for the situations, requirements and terms in which the Autonomous Communities may conclude agreements between themselves for the management and provision of their own services, as well as the nature and effects of the corresponding communication to the Cortes Generales. In other cases, cooperation agreements between the Autonomous Communities will require the authorization of the Cortes Generales.

Article 146

The draft Statute shall be drawn up by an assembly composed of the members of the Council or inter-insular body of the provinces concerned and by the deputies and senators elected there and shall be submitted to the Cortes Generales for processing as a law.

Article 147

1. Within the terms of this Constitution, the Statutes shall be the basic institutional norm of each Autonomous Community and shall be recognized and protected by the State as an integral part of its legal system.

2. The Statutes of Autonomy shall contain:

(a) The Community name which best corresponds to its historical identity.

(b) The delimitation of its territory.

(c) The name, organization and seat of the autonomous institutions of its own.

(d) Competences assumed within the framework established by the Constitution and the basis for the transfer of services corresponding to them.

3. The reform of the Statutes shall be in accordance with the procedure laid down therein and shall, in any event, require the approval of the General Courts by means of an organic law.

Article 148

1. The Autonomous Communities may assume powers in the following areas:

1. Organization of its institutions of self-government.

2.a Changes in the municipal terms within its territory and, in general, the functions of the State administration on local corporations, the transfer of which is authorized by local law.

3.a Spatial planning, urban planning and housing.

4.a Public works of interest of the Autonomous Community in its own territory.

5.a The railways and roads whose route is fully developed in the territory of the Autonomous Community and, in the same terms, the transport developed by these means or by cable.

6.a. Ports of refuge, ports and sports airports and, in general, those that do not carry out commercial activities.

7.a Agriculture and livestock, in accordance with the overall management of the economy.

8.a Forest forests and development.

9.a Environmental protection management.

10.a The projects, construction and exploitation of hydraulic, canal and irrigation projects of interest to the Autonomous Community; mineral and thermal waters.

11.a Fishing in inland waters, shellfish and aquaculture, hunting and river fishing.

12th Inner fairs.

13.a The promotion of the economic development of the Autonomous Community within the objectives set by national economic policy.

14.a Crafts.

15.a Museums, libraries and music conservatories of interest to the Autonomous Community.

16.a Monumental heritage of interest to the Autonomous Community.

17.a Promotion of culture, research and, where appropriate, teaching of the language of the Autonomous Community.

18.a Promotion and management of tourism in its territorial area.

19.a Promotion of sport and the proper use of leisure.

20.a Social assistance.

21.a Health and hygiene.

22.a Surveillance and protection of its buildings and facilities. Coordination and other powers in relation to local police in terms established by an organic law.

2. After five years, and by amending its Statutes, the Autonomous Communities may successively extend their powers within the framework laid down in Article 149.

Article 149

1. The State has exclusive competence in the following areas:

1. The regulation of the basic conditions guaranteeing equality of all Spaniards in the exercise of rights and in the fulfilment of constitutional duties.

2.a Nationality, immigration, emigration, aliens and the right of asylum.

3rd International relations.

4.a Defence and Armed Forces.

5th Administration of Justice.

6.a Commercial, penal and prison legislation; procedural legislation, without prejudice to the necessary specialities arising from the particularities of the substantive law of the Autonomous Communities.

7.a Labour legislation; without prejudice to its implementation by the organs of the Autonomous Communities.

8.a Civil legislation, without prejudice to the conservation, modification and development by the Autonomous Communities of civil, foral or special rights, wherever they exist. In any case, rules relating to the application and effectiveness of legal norms, legal-civil relations relating to the forms of marriage, the organization of public registers and instruments, the bases of contractual obligations, rules for resolving conflicts of laws and the determination of the sources of law, with respect, in the latter case, to the rules of foreign or special law.

9.a Intellectual and industrial property legislation.

10.a Customs and tariff arrangements; foreign trade.

11.a Monetary system: currency, exchange and convertibility; bases of credit, banking and insurance management.

12.a. Legislation on weights and measures, determination of official time.

13.a. Bases and coordination of overall economic planning.

14.a General Treasury and State Debt.

15.a Promotion and general coordination of scientific and technical research.

16.a External health. The basis and general coordination of health. Legislation on pharmaceutical products.

17.a Basic legislation and economic system of social security, without prejudice to the execution of their services by the Autonomous Communities.

18.a The bases of the legal regime of public administrations and of the statutory regime of their officials which, in any case, will guarantee to those administered a common treatment before them; the common administrative procedure, without prejudice to the specialities derived from the organization proper to the Autonomous Communities; legislation on forced expropriation; basic legislation on contracts and administrative concessions; and the system of responsibility of all public administrations.

19.a Maritime fisheries, without prejudice to the powers conferred on the Autonomous Communities in the management of the sector.

20.a Merchant shipping and flagging; coastal lighting and maritime signals; ports of general interest; airports of general interest; air space control, air traffic and transport, meteorological service and aircraft registration.

21.a Railways and land transports that pass through the territory of more than one Autonomous Community; general system of communications; traffic and movement of motor vehicles; postal and telecommunications; air, submarine and radio communications cables.

22.a Legislation, management and allocation of water resources and uses when water flows through more than one Autonomous Community, and the authorization of electrical installations when their use affects another Community or the transport of energy leaves its territorial scope.

23.a Basic legislation on environmental protection, without prejudice to the powers of the Autonomous Communities to establish additional standards of protection. Basic legislation on forests, forestry and livestock.

24.a Public works of general interest or the performance of which affects more than one Autonomous Community.

25.a. Bases of mining and energy regime.

26.a Regime for the production, trade, possession and use of weapons and explosives.

27.a Basic rules governing the press, radio and television system and, in general, all media, without prejudice to the powers of the Autonomous Communities in their development and implementation.

28.a Defence of Spanish cultural, artistic and monumental heritage against export and plundering; museums, libraries and archives owned by the State, without prejudice to their management by the Autonomous Communities.

29.a Public security, without prejudice to the possibility of the creation of police officers by the Autonomous Communities in the manner established in the respective Statutes under the provisions of an organic law.

30.a Regulation of the conditions for obtaining, issuing and approving academic and professional qualifications and basic standards for the development of Article 27 of the Constitutionin order to ensure compliance with the public authorities' obligations in this field.

31.a Statistics for State purposes.

32.a Authorization to call popular consultations by referendum.

2. Without prejudice to the powers that may be assumed by the Autonomous Communities, the State shall consider the service of culture as an essential duty and attribution and shall facilitate cultural communication between the Autonomous Communities, in agreement with them.

3. Matters not expressly assigned to the State by this Constitution may be dealt with by the Autonomous Communities, by virtue of their respective Statutes. Jurisdiction over matters which have not been assumed by the Statutes of Autonomy shall be vested in the State, whose rules shall prevail, in the event of conflict, over those of the Autonomous Communities in all matters which are not attributed to their exclusive competence. In any event, State law shall replace the law of the Autonomous Communities.

Article 150

1. The Cortes Generales may, in matters falling within the jurisdiction of the State, confer on any or all of the Autonomous Communities the power to issue legislative rules for themselves within the framework of the principles, bases and guidelines laid down by a State law. Without prejudice to the jurisdiction of the Courts, each framework law shall establish the procedure for the control of the Cortes Generales over these legislative rules of the Autonomous Communities.

2. The State may transfer or delegate to the Autonomous Communities, by organic law, powers corresponding to matters of State ownership which by their very nature are capable of transfer or delegation. In each case, the law shall provide for the transfer of financial resources and for the forms of control reserved by the State.

3. The State may enact laws establishing the principles necessary to harmonize the normative provisions of the Autonomous Communities, even in the case of matters assigned to the competence of the Autonomous Communities, where this is required by the general interest. It is up to the Cortes Generales, by an absolute majority of each House, to assess this need.

Article 151

1. The five-year period referred to in Article 148(2) shall not be allowed to elapse when the initiative of the autonomous process is agreed within the time limit of Article 143(2), in addition to by the relevant inter-insular councils or bodies, by three quarters of the municipalities of each of the provinces concerned representing at least the majority of the electoral roll of each of them and the initiative is ratified by referendum by the affirmative vote of the absolute majority of the voters of each province in accordance with the terms laid down by organic law.

2. In the case provided for in the preceding paragraph, the procedure for drawing up the Staff Regulations shall be as follows:

1. The Government shall convene all deputies and senators elected from the constituencies within the territorial sphere who intend to accede to self-government, to constitute themselves as an Assembly, for the sole purpose of drawing up the corresponding draft Statute of Autonomy, by agreement of the absolute majority of its members.

2. The draft Statute, approved by the Assembly of Parliamentarians, shall be forwarded to the Constitutional Commission of Congress, which shall, within two months, consider it with the assistance of a delegation of the proposing Assembly to determine by common agreement its final formulation.

3. If such agreement is reached, the resulting text shall be submitted to a referendum of the electoral corps of the provinces within the territorial scope of the proposed Statute.

4. If the draft Statute is approved in each province by a majority of the votes validly cast, it shall be submitted to the Cortes Generales. The plenary sessions of both Houses will decide on the text by a vote of ratification. The Statute is passed, and the King will sanction and enact it as a law.

5. If the agreement referred to in paragraph 2 of this number is not reached, the draft Statute shall be dealt with as a draft law before the Cortes Generales. The text approved by the latter will be submitted to a referendum of the electoral corps of the provinces within the territorial scope of the proposed Statute. If it is approved by a majority of the votes validly cast in each province, it shall be promulgated in accordance with the preceding paragraph.

3. In the cases referred to in paragraphs 4 and 5 of the preceding subparagraph, the non-approval of the draft Statute by one or more provinces shall not prevent the establishment of the remaining provinces of the proposed Autonomous Community, in the form provided for in the organic law provided for in paragraph 1 of this article.

Article 152

1. In the Statutes adopted by the procedure referred to in the preceding article, the autonomous institutional organization shall be based on a legislative assembly, elected by universal suffrage, in accordance with a system of proportional representation, which shall also ensure the representation of the various areas of the territory; a Governing Council with executive and administrative functions; and a President, elected by the Assembly from among its members, appointed by the King, who is responsible for the direction of the Governing Council, the supreme representation of the respective Community and the ordinary representation of the State in the same. The President and members of the Governing Council shall be politically accountable to the Assembly.

A High Court of Justice, without prejudice to the jurisdiction of the Supreme Court, shall complete the judicial organization within the territorial scope of the Autonomous Community. The Statutes of the Autonomous Communities may establish the situations and forms of participation of the Autonomous Communities in the organization of judicial demarcations of the territory. All of this in accordance with the provisions of the Organic law of the judiciary and within its unity and independence.

Without prejudice to Article 123, the successive procedural instances, if any, shall be exhausted before judicial bodies located in the same territory of the Autonomous Community where the competent body in first instance is located.

2. Once the respective Statutes have been adopted and promulgated, they may be amended only by means of the procedures laid down therein and by referendum among the voters registered in the relevant censuses.

3. By means of the grouping of neighbouring municipalities, the Statutes may establish their own territorial districts, which shall enjoy full legal personality.

Article 153

Control of the activity of the organs of the Autonomous Communities shall be exercised:

(a) By the Constitutional Court, the constitutionality of its normative provisions with force of law.

(b) The Government shall, after consulting the Council of State, exercise delegated functions referred to in Article 150(2).

(c) The administrative and adversarial jurisdiction, the autonomous administration and its regulations.

(d) By the Court of Auditors, economic and budgetary.

Article 154

A Delegate appointed by the Government shall direct the administration of the State in the territory of the Autonomous Community and shall coordinate it, where appropriate, with the administration of the Community itself.

Article 155

1. If an Autonomous Community fails to fulfil its obligations under the the Constitution or other laws impose upon it, or act in such a manner as to gravely prejudice the general interest of Spain, the Government may, upon request to the President of the Autonomous Community and, if it is not attended to, with the approval by an absolute majority of the Senate, take the necessary measures to compel it to comply with those obligations or to protect the aforementioned general interest.

2. For the implementation of the measures provided for in the preceding paragraph, the Government may instruct all the authorities of the Autonomous Communities.

Article 156

1. The Autonomous Communities shall enjoy financial autonomy for the development and implementation of their powers in accordance with the principles of coordination with the State Treasury and solidarity among all Spaniards.

2. The Autonomous Communities may act as delegates or collaborators of the State for the collection, management and liquidation of the tax resources of the State, in accordance with the laws and the Statutes.

Article 157

1. The appeals of the Autonomous Communities shall consist of:

(a) Taxes wholly or partly transferred by the State; surcharges on State taxes and other shares in State revenue.

(b) Their own special taxes, fees and contributions.

(c) Transfers from an inter-territorial compensation fund and other allocations from the State budget.

(d) Returns from their assets and private-law revenues.

(e) The proceeds of credit operations.

2. In no case may the Autonomous Communities adopt tax measures on goods located outside their territory or which impede the free movement of goods or services.

3. By organic law, the exercise of the financial powers set out in paragraph 1 above may be regulated by the rules for the resolution of conflicts that may arise and the possible forms of financial collaboration between the Autonomous Communities and the State.

Article 158

1. In the General Budgets of the State, an allocation may be made to the Autonomous Communities in accordance with the volume of the State services and activities they have assumed and the guarantee of a minimum level in the provision of basic public services throughout Spain.

2. In order to correct inter-territorial economic imbalances and to give effect to the principle of solidarity, a Compensation Fund shall be set up for investment costs, the resources of which shall be distributed by the Cortes Generales between the Autonomous Communities and provinces, if necessary.

TITLE IX

The Constitutional Court

Article 159

1. The Constitutional Court consists of 12 members appointed by the King, four of whom are on the proposal of the Congress by a three-fifth majority of its members; four on the proposal of the Senate, with an identical majority; two on the proposal of the Government; and two on the proposal of the General Council of the Judiciary.

2. The members of the Constitutional Court shall be appointed from among judges and prosecutors, university professors, civil servants and lawyers, all of whom have recognized competence for more than 15 years of professional practice.

3. The members of the Constitutional Court shall be appointed for a term of nine years and shall be renewed by third parties every three years.

4. Membership of the Constitutional Court is incompatible: with any representative mandate; with political or administrative office; with the performance of managerial functions in a political party or a trade union and with employment in the service of a political party; with the exercise of judicial and fiscal careers; and with any professional or commercial activity.

The members of the Constitutional Court shall otherwise have the incompatibility of the members of the judiciary.

5. The members of the Constitutional Court shall be independent and immovable in the exercise of their mandate.

Article 160

The President of the Constitutional Court shall be appointed from among its members by the King, on the proposal of the full Court itself and for a period of three years.

Article 161

1. The Constitutional Court has jurisdiction throughout Spain and is competent to hear:

(a) An appeal for unconstitutionality against laws and regulatory provisions with the force of law. The declaration of unconstitutionality of a legal norm with the status of law, interpreted by case law, will affect the latter, although the judgement or judgements that have fallen will not lose the value of res judicata.

(b) An application for amparo for violation of the rights and freedoms referred to in article 53, paragraph 2, of this Constitution, in the cases and forms established by law.

(c) Conflicts of competence between the State and the Autonomous Communities or between them.

(d) Other materials attributable to it the Constitution or organic laws.

2. The Government may challenge to the Constitutional Court the provisions and decisions adopted by the organs of the Autonomous Communities. The challenge shall result in the suspension of the provision or decision under appeal, but the Tribunal shall, if necessary, ratify or lift it within a period not exceeding five months.

Article 162

1. They are entitled to:

(a) In order to bring an action for unconstitutionality, the President of the Government, the Ombudsman, 50 deputies, 50 senators, the governing bodies of the Autonomous Communities and, where appropriate, their Assemblies.

(b) In order to lodge an application for amparo, any natural or legal person who invokes a legitimate interest, as well as the Ombudsman and the Public Prosecutor ' s Office.

2. In other cases, the organic law shall determine the persons and organs entitled to it.

Article 163

Where a judicial body considers, in any proceedings, that a rule of law applicable to the case on whose validity the judgement depends may be contrary to the Constitutionshall raise the matter before the Constitutional Court in cases, in the form and with the effects established by law, which shall in no case be suspensive.

Article 164

1. The decisions of the Constitutional Court shall be published in the official bulletin of the State with the individual votes, if any. They have the value of res judicata from the day following their publication and there is no appeal against them. Those that declare the unconstitutionality of a law or a rule with force of law and all those that do not limit themselves to the subjective estimation of a right have full effect on all.

2. Unless otherwise provided in the judgement, the validity of the law shall remain with the party not affected by the unconstitutionality.

Article 165

An organic law shall regulate the functioning of the Constitutional Court, the status of its members, the procedure before it and the conditions for the exercise of actions.

TITLE X

Constitutional reform

Article 166

The constitutional reform initiative shall be implemented in accordance with the provisions of Article 87(1) and (2).

Article 167

1. Constitutional reform projects must be approved by a three-fifths majority of each House. If there is no agreement between them, it will be sought through the creation of a Joint Committee of Deputies and Senators, which will present a text that will be voted by Congress and the Senate.

2. If approval is not obtained by the procedure referred to in the preceding subparagraph, and provided that the text has obtained a vote in favour of the absolute majority of the Senate, the Congress, by a two-thirds majority, may approve the reform.

3. Once the reform has been approved by the Cortes Generales, it will be submitted to a referendum for ratification at the request of one tenth of the members of any Chamber within fifteen days of its approval.

Article 168

1. When the total revision of the the Constitution or a partial affecting the Preliminary Title, the Second Chapter, First Section of Title I, or Title II, the principle shall be approved by a two-thirds majority of each Chamber, and the Courts shall be immediately dissolved.

2. The elected chambers must ratify the decision and proceed to the study of the new Constitutional textwhich must be approved by a two-thirds majority of both Chambers.

3. The reform approved by the Cortes Generales will be submitted to a referendum for ratification.

Article 169

Constitutional reform may not be initiated in time of war or in force in any of the states provided for in article 116.

Additional provision one.

The Constitution protects and respects the historical rights of the foral territories.

The general update of this scheme shall be carried out, where appropriate, within the framework of the the Constitution and the Statutes of Autonomy.

Second additional provision.

The declaration of majority in article 12 of this Constitution does not prejudice situations protected by the rights of the outsider in the field of private law.

Additional provision three.

The modification of the economic and fiscal regime of the Canary Islands will require a prior report from the Autonomous Community or, where appropriate, from the provisional autonomous body.

Additional provision four.

In the autonomous communities where more than one territorial court is based, the respective autonomy statutes may retain the existing ones, by distributing the powers between them, always in accordance with the provisions of the Convention. Organic law of the judiciary and within its unity and independence.

Transitional provision 1st.

In territories with a provisional system of autonomy, its superior collegial bodies may, by agreement adopted by an absolute majority of its members, replace the initiative which it attributes in Article 143(2) to the Provincial Councils or to the relevant inter-insular bodies.

Transitional provision 2nd.

Territories which have in the past plebiscite affirmatively draft Statutes of Autonomy and which have, at the time of the promulgation of this Constitution, provisional autonomy regimes may proceed immediately in the form provided for in Article 148 (2), when agreed, by an absolute majority, by their higher collegiate pre-autonomous bodies, informing the Government thereof. The draft Statute shall be drawn up in accordance with the provisions of Article 151, No. 2, upon the convening of the pre-autonomous collegiate body.

Transitional provision 3

The initiative of the autonomous process by the local authorities or their members, as provided for in Article 143(2), is deemed to have been deferred, with all its effects, until the first local elections have been held once they have been in force. the Constitution.

Transitional provision 4

1. In the case of Navarre, and for the purposes of its accession to the Basque General Council or to the Basque autonomous regime which replaces it, instead of what the Article 143 of the Constitutionthe initiative is the responsibility of the competent Foral Organ, which shall take its decision by a majority of its members. The validity of this initiative also requires that the decision of the competent Foral Organ be ratified by a referendum expressly convened for that purpose and approved by a majority of the valid votes cast.

2. If the initiative does not succeed, the initiative may be replicated only within a different period of the mandate of the competent Foral Organ, and in any event, after the expiry of the minimum period laid down in Article 143.

Transitional provision fifth.

The cities of Ceuta and Melilla may be constituted as autonomous communities if their respective municipalities so decide, by agreement adopted by an absolute majority of their members and authorized by the Cortes Generales, by an organic law, in accordance with the terms provided for in article 144.

Transitional provision 6th.

When a number of draft Statutes are referred to the Congressional Constitutional Commission, they shall be issued on the order of entry into the Statute, and the two-month period referred to in Article 151 shall begin to run from the time the Commission completes the study of the draft or drafts it has successively known.

Transitional provision 7th.

The provisional autonomous bodies shall be considered dissolved in the following cases:

(a) Once the bodies established by the Statutes of Autonomy adopted in accordance with this Constitution have been constituted;

(b) In the event that the initiative of the autonomous process did not succeed because it did not meet the requirements of article 143.

(c) If the body has not exercised its right under the first transitional provision within three years.

Transitional provision 8th.

1. The Chambers which have approved this Constitution shall, after the entry into force of this Constitution, assume the functions and powers specified therein, respectively, for the Congress and the Senate, without in any case extending its mandate beyond 15 June 1981.

2. For the purposes of article 99, the enactment of the Constitution shall be considered as a constitutional case in which its application is applied. For this purpose, the said promulgation shall be followed by a period of 30 days for the application of the provisions of that article.

During this period, the current President of the Government, who will assume the functions and powers established for that office the Constitutionmay choose to use the power conferred on him by Article 115 or to give way, by way of resignation, to the application of Article 99, the latter being in the situation provided for in Article 101(2).

3. In the event of dissolution, in accordance with Article 115, and if the provisions of Articles 68 and 69 have not been legally developed, the rules in force before the elections shall apply to elections, with the only exceptions that the provisions of paragraph 1 (b) (ii) of the second subparagraph of Article 115 shall apply directly to ineligibility and incompatibilities. Article 70 of the Constitutionas well as the provisions of the same with regard to the voting age and the provisions of Article 69.3.

Transitional provision no.

Three years after the first election of the members of the Constitutional Court, a group of four members of the same elective origin shall be appointed by lot and shall cease and be renewed. For these purposes only, the two appointed on the proposal of the Government and the two who come from the General Council of the Judiciary shall be deemed to be members of the same origin. The two groups not affected by the previous draw shall likewise be held for another three years. Thereafter, the provisions of article 159 (3) shall apply.

Repeal.

1. The Law 1/1977 of 4 January, for the Political Reform, as well as, as long as they were not already repealed by the aforementioned Law, the Principles of the National Movement of 17 May 1958; the Law of the Spanish, of 17 July 1945; the Law of Labour, of 9 March 1938; the Law of the Courts, of 17 July 1942; the Law of 26 July 1947 on Succession in the Head of State, all of which were amended by the Organic Law of the State of 10 January 1967, and in the same terms the latter and the Law of 22 October 1945 on National Referendum.

2. As soon as it could remain in force, the Act of 25 October 1839 was definitively repealed in so far as it might affect the provinces of Álava, Guipúzcoa and Vizcaya.

In the same terms, the Act of 21 July 1876 is definitively repealed.

3. Any provisions contrary to the provisions of this Constitution are also repealed.

Final arrangement.

This Constitution shall enter into force on the same day as the publication of its official text in the official State bulletin. It shall also be published in the other languages of Spain.

SO MUCH,

ALL THE SPAINS, PARTICULARS AND AUTHORITIES, WHO KEEP AND HAVE KEEP THIS CONSTITUTION AS A FUNDAMENTAL STANDARD OF THE STATE.

PALACE OF THE CUTS, TO TWENTY-FIRST NIGHT OF DECEMBER OF A MIL NOVECIENTS SEVENTH AND OCTO.

JUAN CARLOS

THE PRESIDENT OF THE CORTES

Antonio Hernández Gil

THE PRESIDENT OF THE CONGRESS OF THE DIPUTATE

Fernando Álvarez de Miranda y Torres

THE PRESIDENT OF THE SENATE

Antonio Fontán Pérez