Senate of Spain - Role

Role

The Spanish parliamentary system is bicameral but asymmetric. The Congress of Deputies has more independent functions, and it can also override most Senate measures. Only the Congress can grant or revoke confidence to a Prime Minister. In the ordinary lawmaking process, either house may be the initiator, and the Senate can amend hostilly or veto, the proposal then being sent back to the lower house, which can override those objections by an absolute majority vote. Organic laws, which rule basic civil rights and regional devolutions, need absolute majority of both Congress and Senate to pass.

The process for constitutional amendments is slightly more tangled: the rule is to require three fifths (60%) of both houses, but if the Senate does not achieve such supermajority and a mixed Congress-Senate committee fails to resolve the issues, Congress may force the amendment through with a two-thirds vote as long as the absolute majority of the Senate was in favour.

On the other hand, the Senate has reserved functions in and of itself in the appointment of constitutional posts, such as judges of the Constitutional Court or the members of the General Council of the Judicial Power. Although it has never exercised its authority, the Senate is solely responsible for disciplining regional presidents (article 155 of the Spanish Constitution). Only the Senate can suspend local governments. (Local Regime Framework Act article 61.) It exercised this power in April 2006, dissolving the Marbella city council when most of its members were found to have engaged in corrupt practices.

Senate reform has been a topic of discussion since the early days of Spanish democracy. One proposal would advance the federalization of Spain by remaking the Senate to represent the autonomous communities of Spain.

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