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Parliament name (generic / translated) Las Cortes Generales / The Cortes More photos  >>> Structure of parliament Bicameral Chamber name (generic / translated) Senado / Senate Related chamber (for bicameral parliaments) Congreso de los Diputados / Congress of Deputies Affiliation to the IPU Yes Affiliation date(s) 1889 - LEADERSHIP President Pío García-Escudero Márquez (M)  Notes Elected on 13 Dec. 2011. Secretary General Manuel Cavero (M)  COMPOSITION Members (statutory / current number) 264 / 263 PERCENTAGE OF WOMEN More statistics  >>> Women (current number) 88 (33.46%) Mode of designation directly elected 208 indirectly elected 56 Notes Indirectly elected members: elected by the 17 Autonomous Communities. Term 4 years Last renewal dates 20 November 2011 (View details) CONTACT INFORMATION Address Senado Palacio del Senado Plaza de la Marina Española, 8 MADRID 28071 (Export mailing lists) Phone (34 91) 542 96 14 538 10 00 Fax (34 91) 538 10 03 E-mail sgral@senado.es Website http://www.senado.es

Parliament name (generic / translated) Las Cortes Generales / The Cortes Structure of parliament Bicameral Chamber name (generic / translated) Senado / Senate Related chamber (for bicameral parliaments) Congreso de los Diputados / Congress of Deputies LEGAL FRAMEWORK Electoral law 16 June 1985 Last amendment: 23/03/1995 Mode of designation directly elected 208 indirectly elected 56 Constituencies - directly elected Senators: 52 multi-member constituencies corresponding to the country's provinces, plus Ceuta and Melilla. The provinces elect 4 Senators each. In the case of insular provinces, major islands elect 3 Senators each while small islands elect 1 Senator each. The autonomous cities of Ceuta and Melilla elect 2 Senators each. - indirectly elected Senators: each of the 17 Autonomous Communities return one Senator, plus one more for each 1,000,000 inhabitants, chosen by the legislative assembly of each Community. Voting system Mixed: Mixed system: - directly elected Senators: simple majority vote. Lists compiled at provincial level. - indirectly elected Senators: elected by the legislative assemblies of the Autonomous Communities, according to their own rules of procedure, on proportional basis. Vacancies are filled by substitutes elected at the same time as titular members. Voting is not compulsory. Voter requirements - age: 18 years - Spanish citizenship - full possession of political rights CANDIDATES Eligibility Qualified electors - age: 18 years - Spanish citizenship Incompatibilities - certain high-ranking government, political and public posts - membership of the armed forces - membership of an electoral committee (junta) Candidacy requirements - directly elected Senators: candidatures submitted 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

Parliament name (generic / translated) Las Cortes Generales / The Cortes Structure of parliament Bicameral Chamber name (generic / translated) Senado / Senate Related chamber (for bicameral parliaments) Congreso de los Diputados / Congress of Deputies BACKGROUND Dates of election / renewal (from/to) 20 November 2011 Timing and scope of renewal Elections were held for all the elective seats in the Senate following early dissolution of this body on 26 September 2011. Elections to the Senate had previously taken place in March 2008. On 29 July 2011, Prime Minister José Luis Rodríguez Zapatero announced that parliamentary elections would be held on 20 November, four months earlier than they were constitutionally due. The bicameral parliament was subsequently dissolved on 26 September. At stake were all 350 seats in the Congress of Deputies and the 208 directly-elected seats in the 264-member Senate. In the previous elections held in March 2008, Prime Minister Zapatero's Spanish Socialist Workers' Party (PSOE) - in power since 2004 - remained the largest party in the Congress of Deputies with 169 seats, but failed to secure a majority. The People's Party (PP) followed with 153 seats. The latter took 101 of the 208 directly-elected seats in the Senate, 12 more than the PSOE. The remaining seats in both chambers went to small parties. During Mr. Zapatero's second term, the global economic crisis severely affected the country's economy, in particular the real estate sector. The country officially entered a recession in the third quarter of 2008. The government introduced an economic stimulus plan, including 8 billion euros of infrastructure products and a 2,500-euro "baby cheque" for each newborn child. Despite the stimulus, however, the economic situation continued to deteriorate and the public deficit reached 11.2 per cent of gross domestic product (GDP) in 2009, in stark contrast with the 2-per-cent surplus in 2007. The unemployment rate surpassed 20 per cent in the first quarter of 2010, reaching a 13-year high. In April 2010, while the countries in the euro zone were negotiating a bailout plan for Greece - without which the country could have defaulted on sovereign debt, thus destabilizing the euro - attention turned to Spain's public deficit. Although Prime Minister Zapatero initially denied that the Spanish economy was in trouble, he subsequently announced a series of austerity measures, amounting to approximately 1.5 per cent of GDP. They included wage cuts for civil servants, an end to the "baby cheque" and a freeze on pension increases, followed by a 2 percentage-point rise in the value-added tax. In January 2011, the Cortes (Parliament) passed pension reforms that will gradually raise the retirement age from 65 to 67. In April, the Prime Minister announced that he would not seek re-election. In May 2011, one week before local elections, the first mass protests by the "Indignant Movement" were held in Madrid. The Movement, comprising young demonstrators, protested against wage and social benefit cuts as well as high unemployment. Its demands included taxing bankers and top fortunes, and the Movement quickly spread to the rest of Europe before reaching Wall Street in September. The PSOE lost the May local elections, which reportedly increased the pressure on the Prime Minister to call early parliamentary elections. In June, the PSOE endorsed Interior Minister Alfredo Pérez Rubalcaba as its candidate for the premiership. Mr. Rubalcaba is known for his tough stance against ETA, the Basque separatist group. On 29 July, the Prime Minister announced that early elections would be held in November to bring "political and economic certainty" to the country. On 30 August, the Congress of Deputies passed a constitutional amendment obliging future governments to keep a balanced budget during times of normal economic growth. The Senate endorsed the amendment a week later. According to Eurostat, the overall unemployment rate in Spain in October 2011 was recorded at 22.8 per cent and 48.9 per cent for under 25-year-olds. Both are the highest among the 27 Member States of the European Union (EU). The 2011 elections once again saw a duel between the PSOE and the PP. Mr. Rubalcaba (PSOE) warned that the PP would destroy the welfare State. He accused the PP of having secret plans for massive public spending cuts and privatization. He pledged to introduce new taxes on banks and the biggest personal fortunes, in response to the Indignant Movement. The PSOE promised to reduce the country's deficit from 9.2 per cent of GDP (recorded in 2010) to 6 per cent by the end of 2011. PP leader Mariano Rajoy Brey criticized the PSOE government for not taking adequate measures to tackle unemployment. The PP's platform included plans for corporate tax cuts to encourage hiring. The PP leader pledged to deal with economic problems, without going into the details. He said that he would honour Spain's deficit-reduction commitments to the EU but called the PSOE's plan to reduce the deficit to 6 per cent unrealistic. In the middle of the election campaign, on 20 October, ETA declared "the definitive cessation" of its armed activity after 43 years of armed struggle for autonomy that claimed over 800 lives. Prime Minister Zapatero welcomed the declaration as a "victory for democracy, law and reason". The PP ruled out any negotiation with ETA. The Bildu party formed an electoral coalition of pro-independence parties in the Basque region, Amaiur, to run for the 2011 elections. Bildu is a successor of the Basque separatist party Batasuna, which was banned in 2003 because of its links to ETA. Due to inclement weather, some polling stations opened late. In all, 71.69 per cent of the 34.3 million registered voters turned out at the polls, down from 75.32 per cent in 2008. The final results gave a clear victory to the PP, which took 186 of the 350 seats in the Congress of Deputies and 136 of the 208 directly-elected seats in the Senate. The PSOE took 110 and 48 seats respectively. The remainder in both chambers went to small parties, including Amaiur, which took seven seats in the Congress of Deputies and three in the Senate. On 13 December, the newly elected Cortes held its first session. Mr. Jesús María Posada Moreno (PP) was elected Speaker of the Congress of Deputies while Mr. Pío García-Escudero Márquez (PP) was elected Senate President. On 20 December, Mr. Rajoy (PP) won a vote of confidence in the Congress of Deputies. STATISTICS Voter turnout Round no 1 20 November 2011 Number of registered electors Voters Blank or invalid ballot papers Valid votes 34'300'541 24'411'187 (71.17%) 2'167'795 22'243'392 Notes Distribution of votes Round no 1 Political group Candidates Votes % of votes People's Party Spanish Socialist Workers' Party (PSOE) Convergence and Union (CiU) PSC (PSC-PSOE)-ICV-EUA Basque Nationalist Party (EAJ-PNV) Amaiur CC-NC-PNC Distribution of seats Round no 1 Political Group Total of seats People's Party 136 Spanish Socialist Workers' Party (PSOE) 48 Convergence and Union (CiU) 9 PSC (PSC-PSOE)-ICV-EUA 7 Basque Nationalist Party (EAJ-PNV) 4 Amaiur 3 CC-NC-PNC 1 Distribution of seats according to sex Men Women Percent of women 175 88 33.46% Distribution of seats according to age Distribution of seats according to profession Comments Sources: IPU Group (13.12.2011) http://www.generales2011.mir.es/ Note on the distribution of seats: - PSC (PSC-PSOE)-ICV-EUA: Socialists' Party of Catalonia (PSC-PSOE) - Initiative for Catalonia Greens (ICV) - United and Alternative Left (EUA) - CC-NC-PNC: Canarian Coalition (CC) - New Canaries (NC) - Canarian Nationalist Party (PNC)

Parliament name (generic / translated) Las Cortes Generales / The Cortes Structure of parliament Bicameral Chamber name (generic / translated) Senado / Senate Related chamber (for bicameral parliaments) Congreso de los Diputados / Congress of Deputies APPOINTMENT AND TERM OF OFFICE Title President of the Senate Term - duration: 4 years (term of House) - reasons for interruption of the term: resignation, death, dissolution of the Senate Appointment - elected by all Senators at the first sitting of the newly elected Senate on 27/3/1996 - before validation of mandates and swearing-in Eligibility - any Senator may be a candidate, but formal notification of candidature is required 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 Seniority Board and the oldest Senator presides over the Senate during the voting - the secretaries of the Seniority Board assisted by the parliamentary advisors supervise the voting - a secretary announces the results without delay - the results cannot be challenged STATUS Status - ranks fourth in the hierarchy of the State - ranks after the President of the Congress of Deputies in the order of precedence - represents the Senate with the authorities - represents the Senate in international bodies - presides ex officio over the Board, the Conferences of Spokesmen and the Standing Deputation - may, if he or she so wishes, preside over any committee - in the absence of the President, one of the Vice-Presidents can assume his/her role and functions Board - is regulated by the Standing Orders of the Senate - consists of the President, two Vice-Presidents and 4 secretaries - members serve a four-year term - meets weekly at the President's initiative - constitutes a true collegial presidency Material facilities - allowance - official residence - official car - additional staff - secretariat - bodyguards FUNCTIONS Organization of parliamentary business - convenes sessions - establishes and modifies the agenda, together with the Board - organizes the debates and sets speaking time The Board: - examines the admissibility of bills and amendments Chairing of public sittings - can open, adjourn and close sittings - ensures respect for provisions of the Constitution and Standing Orders - makes announcements concerning the Senate - takes disciplinary measures in the event of disturbance, and lifts such measures - establishes the list of speakers, gives and withdraws permission to speak - establishes the order in which amendments are taken up and selects which amendments are to be debated - 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 only at the request of a parliamentary group or 10 Senators - authenticates the texts adopted and the records of debates - interprets the rules or other regulations governing the life of the Senate - has discretionary power to give the floor outside the agenda and thus organizes impromptu debates Special powers The Board: - establishes the budget of the Senate under the guidance of the President - recruits, assigns and promotes staff, in agreement with the President - appoints the Clerk, on a proposal by the President - organizes the services of the Senate - 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 Senate Speaking and voting rights, other functions - may take the floor in legislative debates by leaving his seat - provides guidelines for the interpretation or completion of the text under discussion - takes part in voting - may intervene in the parliamentary oversight procedure, but has never done so

Parliament name (generic / translated) Las Cortes Generales / The Cortes Structure of parliament Bicameral Chamber name (generic / translated) Senado / Senate Related chamber (for bicameral parliaments) Congreso de los Diputados / Congress of Deputies NATURE 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 Senators take the oath (see SO 11 and 12 of the Standing Orders of the Senate) 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. 69 (6) of the Constitution, SO 18 (e) of the Standing Orders of the Senate; 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 dissolution, until the constitution of a new Parliament (Art. 78 (3) of the Constitution, SO 45 (3) of the Standing Orders of the Senate). Can MPs resign? Yes · Yes, of their own free will (see also SO 18 (g) of the Standing Orders of the Senate) · Procedure: the Senator must submit his resignation to the Board of the Senate. · Authority competent to accept the resignation: the Board of the Senate Can MPs lose their mandate ? Yes (a) Revocation before expiry of mandate, in the case of appointed Senators, by the legislative Assemblies or the superior collective bodies of the Self-Governing Communities (SO 18 (f) of the Standing Orders of the Senate): when it is so decided and following a communication by those organs (b) Definitive exclusion from Parliament by the latter: - Loss of the general conditions for eligibility (SO 18 (d) of the Standing Orders of the Senate, Art. 70 of the Constitution, S. 6, 7, and 154 of the Representation of the Spanish People Organic Act; see also Causes of ineligibility) (c) Loss of mandate by judicial decision: - annulment of the election or the proclamation as a Senator through a final court judgement (SO 18 (a) of the Standing Orders of the Senate; see also Validation of mandates) - final court judgement involving an absolute or a special incapacity to exercise a public function (SO 18 (b) of the Standing Orders of the Senate) (d) Loss of mandate for incompatibilities (Art. 70 of the Constitution, SO 15 to 17 of the Standing Orders of the Senate, Supplementary Norm to SO 16 (1) and 17 (3) of the Standing Orders of the Senate of 17.03.1992, S. 6, 7, and 154 to 160 of the Representation of the Spanish People Organic Act). See also Obligation to declare personal assets) (e) Death (SO 18 (c) of the Standing Orders of the Senate) STATUS OF 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 · Diplomatic passport for the President · Basic salary (see Art. 71 (4) of the Constitution): Pesetas 403,342/month (US $ 2,680/month) + Additional allowance (for living costs in Madrid): US $ 1,500/month · Exemption from tax for the additional allowance. The basic salary is not exempt from tax. · Pension scheme (SO 24 (2) (3) of the Standing Orders of the Senate) · Other facilities: (a) Secretariat for Members of the Board and Chairmen of committees (b) Assistants for Members of the Board (c) Official housing and security guards for the President (d) Official cars for Members of the Board and Spokesmen of Parliamentary Groups (e) Postal and telephone services (f) Travel and transport (see SO 24 (1) of the Standing Orders of the Senate): free public transport and payment of travel costs (g) Others: documentation services, bibliographies, travel agency, bank, restaurant Obligation to declare personal assets Yes Parliamentary immunity - parliamentary non-accountability · The concept does exist (Art. 71 (1) of the Constitution). · Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament (see also Art. 67 (3) of the Constitution). · Derogations: offence or insult (SO 101 of the Standing Orders of the Senate; 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 21 of the Standing Orders of the Senate). Parliamentary immunity - parliamentary inviolability · The concept does exist (Art. 71 (2) and (3) of the Constitution, SO 22 (1) of the Standing Orders of the Senate). · 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 Presidency of the Senate has to be informed immediately (SO 22 (1) of the Standing Orders of the Senate). · 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 (SO 22 (1) of the Standing Orders of the Senate). · Parliamentary immunity (inviolability) can be lifted (Art. 71 (2) of the Constitution, SO 22 (1) of the Standing Orders of the Senate): - Competent authority: the Senate - Procedure (Art. 71 (3) of the Constitution, SO 22 (2) to (5) of the Standing Orders of the Senate). In this case, Senators are heard (however, they are not heard on the issue of temporary suspension from the status of Senator). 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: - Practical Guide for Senators - Standing Orders of the Senate Participation in the work of the Parliament · It is compulsory for MPs to be present at plenary sittings, committee meetings and other meetings (SO 20 of the Standing Orders of the Senate). · Penalties foreseen in case of failure to fulfil this obligation (SO 23 (2) of the Standing Orders of the Senate) · Body competent to judge such cases/to apply the penalties: the Senate, on the proposal of the Presidency Discipline · The rules governing discipline within Parliament are contained in SO 22, 23, 37, and 101 to 103 of the Standing Orders of the Senate. · Disciplinary measures foreseen: - Warning for irrelevance (SO 103 of the Standing Orders of the Senate) - Call to order (SO 101 (1) of the Standing Orders of the Senate) - Order to leave the sitting (SO 101 (2) of the Standing Orders of the Senate) - Suspension from exercising parliamentary functions (SO 101 (3) of the Standing Orders of the Senate) - Deprivation of allowance due to absence (SO 23 (2) of the Standing Orders of the Senate) · Specific cases: - Offence or insult (SO 101 of the Standing Orders of the Senate): call to order; order to leave the sitting; suspension from exercising parliamentary functions - Prohibition to carry, display or use weapons/assault of another Senator or of a member of Government (SO 102 of the Standing Orders of the Senate): suspension from exercising parliamentary functions; loss of indemnities - Definitive prosecution of a Senator (SO 22 (6) of the Standing Orders of the Senate): temporary suspension, eventually with deprivation of indemnities · Competent body to judge such cases/to apply penalties (see also SO 37 (10) of the Standing Orders of the Senate): - Warning for irrelevance, call to order, suspension from exercising parliamentary functions, offence or insult: the President - Order to leave the sitting, offence or insult: the President; the Senate - Deprivation of allowance due to absence: the Senate, on the proposal of the Presidency - Prohibition to carry, display or use weapons/assault of another Senator or of a member of Government: the Board, the Senate - Definitive prosecution of a Senator: the Senate · Procedure: - Warning for irrelevance (SO 103 of the Standing Orders of the Senate) - Call to order/offence or insult (SO 101 (1) of the Standing Orders of the Senate) - Order to leave the sitting/offence or insult (SO 101 (2) of the Standing Orders of the Senate) - Suspension from exercising parliamentary functions/offence or insult (SO 101 (3) of the Standing Orders of the Senate) - Deprivation of allowance due to absence (SO 23 (2) of the Standing Orders of the Senate) - Prohibition to carry, display or use weapons/assault of another Senator or of a member of Government (SO 102 of the Standing Orders of the Senate) - Definitive prosecution of a Senator (SO 22 (6) of the Standing Orders of the Senate) Code (rules) of conduct · This concept does not exist in the country's juridical system but there are some relevant provisions (SO 17 (1) and (2) of the Standing Orders of the Senate, S. 160 (3) and (4) of the Representation of the Spanish People Organic Act; see Loss of mandate for incompatibilities). · Penalties foreseen for violation of these provisions: loss of mandate · Competent body to judge such cases/to impose penalties: - Loss of the mandate by law or by decision of the Senator concerned · Procedure: see Loss of mandate for incompatibilities Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 13 January 2012
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