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Spain The Cortes
The Cortes is the most powerful governmental
institution of
the state. It is made up of a lower house, the Congress of
Deputies, and an upper chamber, the Senate. The Congress
of
Deputies, the stronger of the two bodies, may consist of
between
300 and 400 members--although electoral laws have set the
norm at
350 deputies--elected by proportional representation every
four
years, unless parliament is dissolved earlier by the head
of
state. The Senate is composed of 208 directly elected
members and
49 regional representatives, also chosen every four years.
The preponderance of legislative authority lies with
the
Congress of Deputies. Either house may initiate
legislation, but
the lower house can override a Senate veto by a vote of a
simple
majority of its members. Thus, if a political party has a
solid
majority in the Congress of Deputies, a Senate veto has
little
effect. The predominance of the lower house is also
evidenced by
the fact that the president of the Congress presides when
the two
chambers are meeting jointly.
The Congress of Deputies also has the power to ratify
or to
reject decree laws adopted by the government, and its
authorization is required for a declaration of a state of
exception and for the extension of a state of alarm. It is
also
the body that is responsible, if necessary, for accusing
the
prime minister or his ministers of treason or of crimes
against
the state. The prime minister must receive a vote of
investiture
from the Congress of Deputies before being formally sworn
into
office by the king. A prime minister may request a vote of
confidence from the Congress of Deputies at any time. If
he fails
to achieve this, both houses of parliament are dissolved,
and new
elections are called. Furthermore, the Congress of
Deputies has
potentially significant power over the executive because
it may
vote the prime minister out of office by adopting a motion
of
censure by absolute majority.
The primary function of the Senate is territorial
representation. Its only exclusive power concerns the
autonomous
communities. If a community fails to fulfill its legal and
its
constitutional obligations, or acts contrary to the
general
interests of Spain, the government, with the approval of
an
overall majority of the Senate, may adopt measures to
enforce the
community's compliance with its obligations.
Although each chamber of the Cortes carries out certain
duties separately, many important functions are exercised
by both
houses, in which case they meet as the General Cortes
(Cortes
Generales). In this capacity, they elaborate laws proposed
by the
government, by the Congress of Deputies, by the Senate, by
any
autonomous community, or through popular initiative. They
also
approve, and they may amend, state budgets proposed by the
executive. They furthermore may direct interpellations and
questions to the government and to individual ministers.
Each chamber of the Cortes meets in separate premises
in
Madrid, and each holds two regular annual sessions--from
September to December and from February to June. They may
meet in
extraordinary session to attend to a specific matter at
the
request of the government, or at the request of the
absolute
majority of the members of either chamber.
All Spaniards "having full use of their political
rights" may
be candidates for election to the Cortes, except for the
following: members of the Constitutional Court,
high-ranking
civil servants, practicing judges and public prosecutors,
the
ombudsman, professional military personnel, members of the
police
and security forces who are in active service, and members
of
electoral commissions. Members of the Cortes may not be
members
of both chambers at the same time, nor may members of the
Congress of Deputies have a seat in both the Congress and
a
regional assembly. Senators are not barred from occupying
a seat
in a regional assembly. Members of the Cortes are required
to
disclose their income and their assets following election.
They
are expected to attend plenary sessions of the chamber and
of the
committees on which they serve. Senators who consistently
fail to
attend such meetings are liable to incur a financial
penalty.
Along with these obligations, parliamentarians enjoy
certain
rights and privileges. They may not be prosecuted for
verbal
opinions expressed in the exercise of their duties. While
in
office, they may be arrested only if caught in the actual
act of
committing a crime. Even in this case, they cannot be
charged or
prosecuted without prior consent of the Cortes. They are
guaranteed a fixed salary and social security payments,
along
with allowances for extra expenses incurred in the line of
duty.
Members of the Cortes exercise their functions
independently, and
they are not obliged to follow the dictates of their
parties'
leaderships in casting their votes.
Data as of December 1988
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