SPAIN

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GENERAL INFORMATION

Parliament (generic name):

Las Cortes Generales

Translated name:

The Cortes

Structure:

Bicameral

Chamber:

Congreso de los Diputados

Translated name:

Congress of Deputies

President:

José Bono Martínez ( M)

Secretary General:

Manuel Alba Navarro ( M)

Members (statutory number):

350

directly elected

Members (current number):

350

Women (current number):

127 ( 36.29%)

Term:

4 years

Last renewal dates:

9 March 2008

Address:

Palacio del Congreso de los Diputados
Calle Floridablanca 1
MADRID 28014
Tel.: (34 91) 390 60 00, 429 97 74
Fax: (34 91) 429 96 27
E-mail: secretaria.general@sgral.congreso.es

Web site:

http://www.congreso.es

Affiliation to IPU:

Yes

Affiliation date(s):

1889

ELECTORAL SYSTEM

Electoral Law:

16 June 1985

Last amendment: 23/03/1995

Constituencies:

- 50 multi-member (2 seats minimum per province, the rest allotted according to population) constituencies corresponding to the country's provinces
- 2 single-member constituencies (North African enclaves of Ceuta and Melilla)

Voting System:

- multi-member constituencies: blocked party lists and the d'Hondt system of proportional representation; each voter chooses one list of those made available in the constituency (province)
- single-member constituencies: simple majority vote
Vacancies are filled by the "next-in-line" candidate on the list of the same party which held the seat in question (or by substitutes in Ceuta and Melilla).
Voting is not compulsory.

Voter requirements:

- age: 18 years
- Spanish citizenship
- full possession of political rights

Eligibility:

Qualified electors
- age: 18 years
- Spanish citizenship

Incompatibilities:

- certain high-ranking government, political and public posts
- members of the armed forces
- members of the assembly of an Autonomous Community
- members of an electoral committee (junta)

Candidacy requirements:

- by duly registered political associations and federations, coalitions of the same, or by at least 0.1% (and no fewer than 500) of the constituency's registered electorate

LAST ELECTIONS

Also available: Archive of past election results for this chamber

Dates of election / renewal (from/to):

9 March 2008

Purpose of elections:

Elections were held for all the seats in the Congress of Deputies following premature dissolution of this body on 14 January 2008. Elections to the Congress of Deputies had previously taken place on 14 March 2004.

Background and outcome of elections:

Text is being prepared.

STATISTICS


Round no 1 (9 March 2008): Election results

Number of registered electors		33'875'268
Voters		25'514'671 (75.32%)
Blank or invalid ballot papers		447'284
Valid votes		25'067'387

Round no 1: Distribution of votes

Political Group

Candidates

Votes

% of votes

Spanish Socialist Workers' Party (PSOE)

11'064'524

44.14

People's Party (PP)

10'169'973

40.57

Convergence and Union (CiU)

774'317

3.09

Basque Nationalist Party (EAJ-PNV)

303'246

1.21

Republican Left of Catalonia (ERC)

296'473

1.18

United Left (IU)

963'040

3.84

Galician Nationalist Party (BNG)

209'042

0.83

Canarian Coalition - Canarian Nationalist Party (CC-PNC)

164'255

0.66

Union Progress and Democracy (UPyD)

303'535

1.21

Nafarroa Bai (Na-Bai)

62'073

0.25


Round no 1: Distribution of seats

Political Group							Total of seats
Spanish Socialist Workers' Party (PSOE)							169
People's Party (PP)							153
Convergence and Union (CiU)							11
Basque Nationalist Party (EAJ-PNV)							6
Republican Left of Catalonia (ERC)							3
United Left (IU)							2
Galician Nationalist Party (BNG)							2
Canarian Coalition - Canarian Nationalist Party (CC-PNC)							2
Union Progress and Democracy (UPyD)							1
Nafarroa Bai (Na-Bai)							1

Comments:

Sources:
- http://www.generales2008.mir.es/ini99v.htm
- http://www.congreso.es/

Distribution of seats according to sex:

Men:

223

Women:

127

Percent of women:

36.29

Distribution of seats according to age:

Distribution of seats according to profession:

PRESIDENCY OF THE PARLIAMENT

APPOINTMENT AND TERM OF OFFICE

Title:

President of the Congress of Deputies

Term:

- duration: 4 years (term of House)
- reasons for interruption of the term: resignation, loss of seat, death, dissolution of Parliament

Appointment:

- elected by all Members of Congress, at the first sitting of the newly elected Congress (27/3/1996)
- before validation of mandates and swearing-in

Eligibility:

any Deputy may be a candidate

Voting system:

- formal vote by secret ballot
- absolute majority required in the first round, in the second round only the 2 candidates with the most votes are left, and election is by a majority of votes cast

Procedures / results:

- the oldest Deputy presides over the Congress during the voting
- the oldest Deputy and 2 Secretaries (the 2 youngest Deputies) supervise the voting
- the oldest Deputy announces the results without delay
- the results can be challenged

STATUS

Status:

- ranks third in the hierarchy of the State, after the King and the Head of Government
- ranks before the President of the Senate in the order of precedence, and therefore presides over joint meetings of both Houses
- represents the Congress with the public authorities
- presides ex officio over the Board, the Conference of Spokesmen and the Standing Deputation
- may, if he so wishes, preside over any committee
- in the absence of the President, one of the 4 Vice-Presidents, in the order of their appointment, can assume his/her role and functions

Board:

- is regulated by the Standing Orders of the Congress of Deputies
- consists of the President, 4 Vice-Presidents and 4 Parliamentary Secretaries
- meets weekly at the President's initiative

Material facilities:

+ expense allowance
- official residence
- official car
- cabinet, with several advisers and secretaries
- bodyguards

FUNCTIONS

Organization of parliamentary business:

- convenes sessions
- establishes and modifies the agenda, together with the Conference of Spokesmen
- organizes the debates and sets speaking time, according to the Standing Orders
The Board:
- examines the admissibility of bills and amendments
- refers texts to a committee for study
- examines the admissibility of requests for setting up committees and/or committees of enquiry,

Chairing of public sittings:

- can open, adjourn and close sittings
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning the Congress
- takes disciplinary measures in the event of disturbance, and lifts such measures, following a decision by the Board
- gives and withdraws permission to speak
- establishes the order in which amendments are taken up, with the help of the rapporteurs of the Committee which has adopted the text
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum
- authenticates the texts adopted and the records of debates, together with the Parliamentary Secretaries
- interprets the rules or other regulations governing the life of the Congress - if the interpretation requires a resolution, the agreement of the Board and the Conference of Spokesmen is needed

Special powers:

The Board:
- is responsible for establishing the budget of the Congress
- recruits, assigns and promotes staff
- appoints the Secretary General, on a proposal by the President
- organizes the services of Parliament
- is responsible for relations with foreign Parliaments
- is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Congress

Speaking and voting rights, other functions:

- takes the floor in legislative debates, but must leave his seat to do so
- takes part in voting
- proposes bills or amendments
- may intervene in the parliamentary oversight procedure, but must leave his seat to do so
- refers bills to the Head of State (King)
- presides over the Permanent Deputation, which is responsible for looking after the business of the Congress between sessions

MEMBER OF PARLIAMENT

PARLIAMENTARY MANDATE

Nature of the mandate:

· Free representation (Art. 67 (2) of the Constitution of 29.12.1978, with amendments up to 27.08.1992; see also Art. 79 (3) of the Constitution)

Start of the mandate:

· When the MPs are proclaimed elected (SO 20 of the Standing Orders of the Congress)

Validation of mandates:

. Validation by a final court judgement only in case of challenge ((in)validation of the election or the proclamation as a Senator; causes of ineligibility)

End of the mandate:

· On the day when the legal term of the House ends - or on the day of early dissolution (Art. 68 (4) of the Constitution, SO 22 (3) of the Standing Orders of the Congress; for possibilities of dissolution see Art. 99 (5) and 115 of the Constitution). The Permanent Deputation, however, continues to exercise its functions, on the expiration of the mandate or in case of early dissolution, until the constitution of a new Parliament (Art. 78 (3) of the Constitution, SO 57 of the Standing Orders of the Congress).

Can MPs resign ?

Yes

· Yes, of their own free will (see also SO 22 (4) of the Standing Orders of the Congress)
· Procedure: the Deputy must submit his resignation to the Board of the House.
· Authority competent to accept the resignation: the Board of the House

Can MPs lose their mandate ?

Yes

Definitive exclusion from Parliament by the latter:
- Loss of the general conditions for eligibility (Art. 70 of the Constitution, S. 6, 7, and 154 of the Representation of the Spanish People Organic Act; see also Causes of ineligibility)
(b) Loss of mandate by judicial decision:
- annulment of the election or the proclamation as a Deputy through a final court judgement (SO 22 (1) of the Standing Orders of the Congress; see also Validation of mandates)
- incapacity declared by a final court judgement (SO 22 (2) of the Standing Orders of the Congress)
(c) Loss of mandate for incompatibilities (Art. 70 of the Constitution, SO 19 of the Standing Orders of the Congress, S. 6, 7, and 154 to 160 of the Representation of the Spanish People Organic Act). See also Obligation to declare personal assets).
(d) Death (SO 22 (2) of the Standing Orders of the Congress)

STATUS OF PARLIAMENT MEMBERS

Rank in hierarchy:

· Within Parliament:
1. The President
2. The other members of the Board
3. The Spokesmen of the Parliamentary Groups
4. The Presidents of committees

Indemnities, facilities and services:

· No diplomatic or official passport
· Basic salary (see Art. 71(4) of the Constitution, SO 8 (1) and (4) of the Standing Orders of the Congress): Pesetas 403,342/month (US $ 2,680/month)
+ Additional allowance
(for living costs in Madrid; see SO 8 (2) of the Standing Orders of the Congress): US $ 1,500/month
· Exemption from tax for the additional allowance. The basic salary is not exempt from tax (SO 8 (3) of the Standing Orders of the Congress).
· Pension scheme
· Other facilities (see also SO 8 (2) of the Standing Orders of the Congress):
(a) Secretariat (provided by Parliamentary Groups)
(b) Assistants (provided by Parliamentary Groups)
(c) Postal and telephone services
(f) Travel and transport

Obligation to declare personal assets:

Yes

Parliamentary immunity - parliamentary non-accountability:

· The concept does exist (Art. 71 (1) of the Constitution, SO 10 of the Standing Orders of the Congress).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament (SO 10 of the Standing Orders of the Congress; see also Art. 67 (3) of the Constitution).
· Derogations: offence or insult (SO 103 (1) and 104 (3) of the Standing Orders of the Congress, see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate (SO 10 of the Standing Orders of the Congress).

Parliamentary immunity - parliamentary inviolability:

· The concept does exist (Art. 71 (2) and (3) of the Constitution, SO 11 of the Standing Orders of the Congress).
· It applies only to criminal proceedings, covers all offences and protects MPs from arrest, from being held in preventive custody, and from the opening of judicial proceedings against them. It does not protect them from their homes being searched.
· Derogations: Senators may be detained in case of flagrante delicto. In this case, the President of the Congress immediately adopts those measures which are necessary to safeguard the rights and prerogatives of the Congress and its members (SO 12 of the Standing Orders of the Congress).
· Parliamentary inviolability does not prevent MPs from being called as witnesses before a judge or tribunal.
· Protection is provided from the start to the end of the mandate and also covers judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted (Art. 71 (2) of the Constitution, SO 11 of the Standing Orders of the Congress):
- Competent authority: the Congress
- Procedure (Art. 71 (3) of the Constitution, SO 13 and 14 of the Standing Orders of the Congress). In this case, Senators are heard. They do not have means of appeal.
· Parliament cannot subject the prosecution and/or detention to certain conditions.
· Parliament cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned cannot be authorised to attend sittings of Parliament.

EXERCISE OF THE MANDATE

Training:

· There is no training/initiation process on parliamentary practices and procedures for MPs.
· Handbooks of parliamentary procedure:
- Standing Orders of the Congress

Participation in the work of the Parliament:

· It is compulsory for MPs to be present at plenary sittings and committee meetings (SO 15 of the Standing Orders of the Congress).
· Penalties foreseen in case of failure to fulfil this obligation (SO 99 (1) (a) of the Standing Orders of the Congress)
· Body competent to judge such cases/to apply the penalties: the Board

Discipline:

· The rules governing discipline within Parliament are contained in SO 99 to 104, and 106 of the Standing Orders of the Congress.
· Disciplinary measures foreseen:
- Warning for irrelevance (SO 102 (1) of the Standing Orders of the Congress)
- Order to discontinue the speech (SO 102 (2) of the Standing Orders of the Congress)
- Call to order (SO 103 of the Standing Orders of the Congress)
- Order to discontinue the speech and order not to attend the rest of the sitting (SO 100, 104 (1) of the Standing Orders of the Congress)
- Prohibition to attend the next sitting (SO 100, 104 (2) of the Standing Orders of the Congress)
- Deprivation of some or all rights contained in SO 6 to 9 of the Standing Orders (SO 99 of the Standing Orders of the Congress)
- Temporary suspension from the status of Deputy (SO 100, 101 and 106 of the Standing Orders of the Congress)
· Specific cases:
- Offence or insult (SO 103 (1) and 104 (3) of the Standing Orders of the Congress): call to order; order to take back the offences; deletion from the Congressional Record; order to discontinue the speech and order not to attend the rest of the sitting; prohibition to attend the next sitting
· Competent body to judge such cases/to apply penalties (see also SO 105 of the Standing Orders of the Congress):
- Warning for irrelevance, order to discontinue the speech, call to order, order to discontinue the speech and order not to attend the rest of the sitting, prohibition to attend the next sitting, offence or insult: the President
- Deprivation of some or all rights contained in SO 6 to 9 of the Standing Orders: the Board
- Temporary suspension from the status of Deputy: the Congress, on the proposal of the Bureau or the Commission on the Statute for Members; the Presidency; the President (special case)
· Procedure:
- Warning for irrelevance (SO 102 (1) of the Standing Orders of the Congress)
- Order to discontinue the speech (SO 102 (2) of the Standing Orders of the Congress)
- Call to order (SO 103 of the Standing Orders of the Congress)
- Order to discontinue the speech and order not to attend the rest of the sitting (SO 100, 104 (1) of the Standing Orders of the Congress)
- Prohibition to attend the next sitting (SO 100, 104 (2) of the Standing Orders of the Congress)
- Deprivation of some or all rights contained in SO 6 to 9 of the Standing Orders (SO 99 of the Standing Orders of the Congress)
- Temporary suspension from the status of Deputy (SO 100, 101 and 106 of the Standing Orders of the Congress)
- Offence or insult (SO 103 (1) and 104 (3) of the Standing Orders of the Congress)

Code (rules) of conduct:

· This concept does not exist in the country's juridical system but there are some relevant provisions (SO 16, 17, and 19 (3), 99 and 101 of the Standing Orders of the Congress, S. 160 (3) and (4) of the Representation of the Spanish People Organic Act; see also Loss of mandate for incompatibilities; for the declaration of personal assets, see Obligation to declare personal assets).
· Penalties foreseen for violation of these provisions:
- Deprivation of some or all rights contained in SO 6 to 9 of the Standing Orders and/or temporary suspension (SO 16, 99, and 101 of the Standing Orders of the Congress; revelation of secrets)
- Temporary suspension from the status of Deputy (SO 17, 101 of the Standing Orders of the Congress; prohibition to use the status of Deputy in the exercise of trade, industrial or professional activities)
- Loss of mandate (SO 19 (3) of the Standing Orders of the Congress, S. 160 (3) and (4) of the Representation of the Spanish People Organic Act; incompatibilities)
· Competent body to judge such cases/to impose penalties:
- Deprivation of some or all rights contained in SO 6 to 9 of the Standing Orders: the Board
- Temporary suspension from the status of Deputy (revelation of secrets): the Congress, on the proposal of the Board; the Presidency
- Temporary suspension from the status of Deputy (prohibition to use the status of Deputy in the exercise of trade, industrial or professional activities): the Congress, on the proposal of the Commission on the Statute for Members; the Presidency
- Loss of mandate: by law or by decision of the Deputy concerned
· Procedure:
- Deprivation of some or all rights contained in SO 6 to 9 of the Standing Orders (SO 99 of the Standing Orders of the Congress)
- Temporary suspension from the status of Deputy (SO 101 of the Standing Orders of the Congress)
- Loss of mandate for incompatibilities (SO 19 (3) of the Standing Orders of the Congress, S. 160 (3) and (4) of the Representation of the Spanish People Organic Act)

Relations between MPs and pressure group:

· There are no legal provisions in this field.

Also available: Archive of past election results for this chamber