Cortes Generales

Cortes Generales. The Cortes Generales is the bicameral legislative assembly of the Kingdom of Spain, established by the Spanish Constitution of 1978. It is composed of the Congress of Deputies, the lower house, and the Senate, considered the upper house. As the supreme representative body of the Spanish people, it holds legislative power, approves the State Budget, controls the actions of the Government of Spain, and performs other vital functions outlined in the constitution.

History

The modern institution derives its name from the historic Cortes of León of 1188 and the subsequent Cortes of Castile, medieval assemblies that included representation from the Third Estate. The current parliamentary system was born from the Spanish transition to democracy following the death of Francisco Franco and the dissolution of the Francoist Cortes Españolas. The foundational framework was established by the Political Reform Act of 1977, leading to the 1977 Spanish general election and the drafting of the new constitution by the elected Constituent Cortes. This process culminated in the ratification of the Spanish Constitution of 1978 in a national referendum, which formally instituted the contemporary bicameral model.

Composition

The Cortes Generales consists of two chambers. The Congress of Deputies is composed of a minimum of 300 and a maximum of 400 members, currently set at 350, elected by universal, free, equal, direct, and secret suffrage through a system of proportional representation using the D'Hondt method in provincial constituencies. The Senate is designated as the chamber of territorial representation; 208 senators are directly elected by a majority limited vote system, with citizens voting for most senators in each province, while the autonomous communities appoint an additional number of senators through their respective regional legislatures.

Functions and powers

The constitution grants the institution several key competencies. It exercises legislative power over state matters, including the approval of organic laws which require an absolute majority. It authorizes the Government of Spain to issue legislative decrees and approves international treaties, as seen with Spain's accession to the European Union under the Treaty of Accession 1985. It holds the power to amend the constitution and to authorize the Government of Spain to declare state of alarm, exception, or siege. Furthermore, it grants confidence to the President of the Government and can withdraw it via a constructive motion of no confidence, as successfully executed against Mariano Rajoy in 2018.

Legislative process

The legislative process typically begins with the introduction of a bill, which can be proposed by the Government of Spain, the Congress of Deputies, the Senate, or through a popular legislative initiative. Most bills are first debated and voted on in the Congress of Deputies; if approved, they are transmitted to the Senate, which may introduce amendments or exercise a suspensive veto, delaying the bill for two months. The Congress can override Senate objections by an absolute majority or, after the veto period, by a simple majority. The process concludes with the bill's sanction by the Monarch and its publication in the Boletín Oficial del Estado.

Relationship with the Government

The Government of Spain is politically accountable to the legislature, particularly to the Congress of Deputies. The President of the Government is elected by the Congress following a parliamentary investiture vote. The Government directs domestic and foreign policy and administers the civil and military administration, but it requires the confidence of the chamber to remain in office. Congress exercises control through oral and written questions, interpellations, and the establishment of investigating committees, such as those probing the 2004 Madrid train bombings or the Bankia crisis.

Dissolution and elections

The Monarch, on the advice of the President of the Government after deliberation by the Council of Ministers, holds the prerogative to dissolve the Cortes Generales and call new elections, as outlined in the constitution. Dissolution triggers a general election for both chambers, organized by the Junta Electoral Central under the provisions of the Ley Orgánica del Régimen Electoral General. The term of the Cortes Generales is four years, but early dissolution is common, as occurred prior to the April 2019 and November 2019 elections. Following elections, the newly constituted chambers must be convened within twenty-five days.