The entry into force in 1978 of the Spanish Constitution also introduced a new regulation in the legislative procedure for the creation, modification or repeal of laws. Thus, the matters to be dealt with and the forms of their corresponding approval divided between organic laws and ordinary laws were established.
As points to highlight, both legislative provisions have the same hierarchical rank and value in the legal system. However, they differ mainly in the matters they deal with since the organic law has a reserve of laws to legislate. In addition, the reinforced legislative procedure for its final approval.
The Spanish Constitution in its article 81 defines the Organic Law as a legislative provision intended to regulate defined matters that are the exclusive competence of the State and that must be approved in the Congress of Deputies.
Article 81: “Organic laws are those relating to the development of fundamental rights and public liberties, those that approve the Statutes of Autonomy and the general electoral regime and the others provided for in the Constitution”
In point 2 of the same article 81 of the Spanish Constitution it is stated that for the approval of an Organic Law an absolute majority of Congress is required, half plus one of the deputies present in session.
Below we highlight the matters reserved for regulation by way of organic law that are divided into three groups:
An ordinary law will serve to legislate the rest of the matters and powers that are not assumed by the procedure of an organic law and are the responsibility of the State.
It should also be noted that ordinary laws can be subject to control by the Constitutional Court, while their approval in Congress only requires a simple majority.
On the other hand, the proposal for the creation of an Ordinary Law can be made by request:
Once the law is presented in Congress, the deliberation phase begins, which must be completed with a simple majority so that the legislative initiative can be approved:
When the legislative initiative reaches the Senate, the evaluation process will be repeated, where the law may be vetoed or different amendments may be filed.
The deliberation period can last a maximum of 2 months and only 20 days in projects declared urgent.
According to the Senate website, the amendments or vetoes approved by the Senate will be sent to the Congress of Deputies, in whose plenary session they will be debated and voted on.
Senate vetoes can be lifted by Congress if decided by an absolute majority within the following two months or by a simple majority after said period.
On the other hand, if the Senate does not approve amendments or vetoes, the bill is definitively approved as law. It is then transferred to the Government for the purposes of its sanction and promulgation by the King and subsequent publication in the Official State Gazette.
