# Organic Law of the State

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Fundamental Laws of the Realm: Law on the Principles of the National Movement ǀ Statute Law of the Spanish People ǀ Labour Law ǀ Organic Law of the State ǀ Constitutive Law of the Cortes ǀ Law of Succession in the Headship of State ǀ Law of the National Referendum
4. THE ORGANIC LAW OF THE STATE of 10th January, 1967
Over the past three decades, the State which came into existence on 18th July, 1936, has performed a gigantic task of reconstruction in every order of national life. Fundamental legislation has kept pace with the major necessities of the country, achieving, thanks to its gradual promulgation, the firm establishment of institutions, while at the same time preserving them from confusing rectifications, which would have been the inevitable consequence of premature decisions.
The laws so far promulgated cover the greater part of the questions dictated by an institutional system of administration. The Law on the Principles of the Movement provide the directives governing Spanish policy and serve as a permanent guide and an unalterable code for all legislative and governmental action. The Fuero de los Españoles (Statute Law of the Spanish People) and the Labour Law define the duties and rights of Spaniards and protect the exercise of such duties and rights. The Law of Referendum submits to the consideration and direct decision of the people, the draft laws which circumstances or public interest demand. The Law of the Cortes establishes the composition and prerogatives of the highest organ for the participation of the Spanish people in the affairs of the State. And the Law of Succession contains the declaration that Spain is a political unit, constituted as a Kingdom, and creates the Council of the Realm, which must assist the Head of State in all matters and resolutions coming under his exclusive competence.
Nevertheless, the juridical vitality and the political vigour of the Regime, its ability to cope with present problems and the prospects offered by the extended period of its existence, permit and advocate the expansion and improvement of a fundamental legislation. The time has come to close the chapter on the institutionalization of the national State; to delimit the ordinary attributes of the supreme magistrature of the State upon the fulfilment of the provisions of the Law of Succession; to determine the composition of the Government, the procedure for the nomination and retirement of its member, its responsibility and what it regards as improper; to establish the organization and functions of the National Council; to give a fundamental character to the structure of the Judicature, the Armed Forces and Public Administration; to regulate the relations between the Headship of State, the Cortes, the Government and the Council of the Realm; to determine the manner of designation, the term of office and the retirement of the Speaker of the Cortes and the Presiding Officers of the highest Tribunals and consultative bodies; and to open a juridical channel for the impugnment of any legislative or governmental act that may be detrimental to the system of Fundamental Laws.
These are the ends of the present Law, which will perfect and place the institutions of the Regime in a harmonious system, and ensure in an effective manner for the future the fidelity of the highest organs of the State to the Principles of the National Movement.
In virtue whereof, and in exercise of the legislative faculty conferred on me by the Laws of 30th January, 1938, and 8th August, 1939, pursuant to the agreement of the Spanish Cortes adopted in plenary session of 22nd November, 1966, and with the legal and direct expression of the Spanish people, manifested by the approval of 85.50 per cent of the electorate, which represent 95.86 per cent of voters, in the national Referendum held on 14th December, 1966, I resolve:
TITLE I
THE NATIONAL STATE
Article One
I. The Spanish State, constituted as a kingdom, is the supreme institution of the national community.
II. The State is responsible for the exercise of sovereignty through the agencies that implement its functions.
Article Two
I. National sovereignty is one and indivisible, and is not subject to delegation or cession.
II. The institutional system of the Spanish State is based on the principles of unity of power and co-ordination of functions.
Article Three
The fundamental ends of the State are: the defence of unity, among the peoples and domains of Spain; the maintenance of the integrity, independence and security of the Nation; the safeguarding of the spiritual and material patrimony of the Spanish people; the protection of the rights of the individual, of the family and of society; and the promotion of a just social order in which all private interests are subordinated to the common good. These ends are inspirated by, and are absolutely faithful to, the Principles of the National Movement, promulgated by the fundamental Law of 17th May, 1958, which are, by reason of their very nature, permanent and unalterable.
Article Four
The National Movement, the communion of the Spanish people in the Principles cited in the preceding Article, informs, the political system, open to all Spaniards, and, for the better service of the country, promotes political life on the basis of an orderly concurrence of criteria.
Article Five
The national flag is composed of three horizontal stripes — red, yellow and red — the yellow stripe being double the width of the red.
TITLE II
THE HEAD OF STATE
Article Six
The Head of State is the supreme representative of the Nation; personifies national sovereignty; exercises supreme political and administrative power; is vested with the National Leadership of the Movement and ensures the strictest observance of its Principles and other Fundamental Laws of the Kingdom, as well as the continuity of the State and of the National Movement; guarantees and ensures the regular functioning of the high organs of the State and the proper co-ordination between such organs; sanctions and promulgates laws and provides for their execution; exercises the supreme command of the Army, Navy and Air Force; safeguards the maintenance of public order at home and the security of the State abroad; lends his name to the administration of justice; exercises the prerogative of pardon; confers, in accordance with the law, appointments, public office and honours; accredits and receives diplomatic representatives; and performs whatever acts are required of him by the Fundamental Laws of the Kingdom.
Article Seven
The Head of State is particularly required to:
a) Convoke the Cortes in accordance with the law, as also to preside at the opening session of each legislative term and, with the agreement of the Government, to deliver the inaugural address and other messages.
b) Prorogue for the necessary period, at the instance of the Cortes or of the Government and with the agreement of the Council of the Realm, a legislative term when some grave cause may impede the normal replacement of the Deputies.
c) Submit to national referendum the Bills referred to in paragraph two of Article ten of the Law of Succession and Article one of the Law of Referendum.
d) Appoint and relieve of their functions the President of the Government, the Speaker of the Cortes and other holders of high office, in the manner prescribed by law.
e) Convoke and preside over the Council of Ministers and the National Defense Junta when he attends their meetings.
f) Preside, should he think it advisable, over the debates of the Council of the Realm and of the National Council, provided that those of the former do not refer to his person or to the heirs to the Crown. In no case will voting take place in the presence of the Head of State.
g) Seek the advice and guidance of the Council of the Realm.
h) Request reports of the National Council.
Article Eight
I. The person of the Head of State is inviolable. All Spaniards shall owe him respect and obeisance.
II. All resolutions made by the Head of State in the exercise of his authority must be approved, according to the circumstances, by the President of the Government or the Minister concerned, by the Speaker of the Cortes or by the President of the Council of the Realm, any disposition that does not comply with this formality being invalid.
III. The persons approving the acts of the Head of State shall be responsible therefor.
Article Nine
The Head of State shall require a Law or, where applicable, the agreement or authorization of the Cortes, in the following cases:
a) To ratify international treaties or agreements which affect the full sovereignty or the integrity of Spanish territory.
b) To declare war and agree to peace.
c) To put into effect the acts referred to in Article Twelve of the Law of Succession and those that may be defined in other precepts of the Fundamental Laws of the Realm.
Article Ten
The Head of State shall be assisted by the Council of the Realm:
a) To propose to the Cortes those acts which, according to the provisions of the preceding article, require a law, the agreement or the authorization of the Cortes.
b) To return to the Cortes for further study a law drawn up by the Cortes.
c) To prorogue a legislative term for grave reason and for the required period.
d) To take exceptional measures when external security, the independence of the Nation, the integrity of its territory or the institutional system of the Kingdom are exposed to serious and imminent threat, giving a documented account to the Cortes.
e) To submit to national referendum Bills (draft laws) of major importance when such a referendum is not mandatory.
f) To take the other decisions for which a Fundamental Law may establish this requisite.
Article Eleven
During the absence of the Head of State from the national territory, or in case of ill health, his functions shall be assumed by the heir to the Crown, should there be one and should he be over thirty years of age, or in default thereof, by the Regency Council. In any case, the President of the Government shall give an account to the Cortes.
Article Twelve
The guardianship of the royal persons not of age included in the succession, or of the incapacitated King shall be approved by the Cortes at the proposal of the Council of the Realm. The designation must devolve upon a person of Spanish nationality professing the Catholic religion, and is incompatible with the exercise of the Regency, the Presidency of the Government or the Presidency of the Cortes.
TITLE III
THE GOVERNMENT OF THE NATION
Article Thirteen
I. The Head of State directs the government of the Kingdom through the Council of Ministers.
II. The Council of Ministers, composed of the President of the Government, the Vice-President or Vice-Presidents, should they exist, and the Ministers, is the organ that determines national policy, ensures the application of the laws, exercises its power to make regulations and constantly assists the Head of State in political and administrative matters.
III. The decisions of the Government shall always have the approval of the President of the Government or of the Minister concerned.
Article Fourteen
I. The President of the Government must be a Spaniard and shall be appointed by the Head of State from among three candidates proposed by the Council of the Realm.
II. His term of office shall be for five years. Fifteen days prior to the expiry of this term, the Council of the Realm shall submit the proposal mentioned in the preceding paragraph.
III. The office of President of the Government shall carry the restrictions and incompatibilities prescribed by law.
IV. It is incumbent on the President of the Government to represent the Government of the Nation, to direct general policy and to ensure the co-ordination of all the organs of government and administration.
V. The President of the Government, in the name of the Head of State, exercises the National Leadership of the Movement, assisted by the National Council and the Secretary-General.
Article Fifteen
The President of the Government shall retire from office:
a) Upon expiry of his term of office.
b) At his own request, once his resignation has been accepted by the Head of State, having been made known to the Council of the Realm.
c) Upon the decision of the Head of State, in agreement with the Council of the Realm.
d) Upon the proposal of the Council of the Realm, because of incapacity recognized by two-thirds of its members.
Article Sixteen
I. In the event of the death of the President of the Government, or in the event of any of the possibilities under sub-paragraph b), c) and d) of the preceding article, his function shall be assumed by the Vice-President or Vice Presidents, in the order established, or, should there be no Vice-President, by the Minister appointed by the Head of State.
II. Within a period of ten days, a new President shall be nominated in the manner established in Article fourteen.
Article Seventeen
I. The other members of the Government shall be Spaniards and their nomination and retirement shall be effected by the Head of State at the proposal of the President of the Government.
II. Their posts shall carry the restrictions and incompatibilities prescribed by law.
Article Eighteen
The members of the Government shall retire from office:
a) On the retirement of the President of the Government.
b) At the instance of the Presidente of the Government, with the approval of the Head of State.
c) At their own request, when their resignation has been accepted by the Head of State, at the proposal of the President of the Government.
Article Nineteen
Before taking office, the President and the other members of the Government, shall swear an oath of allegiance to the Head of State, in his presence, to the Principles of the National Movement and other Fundamental Laws of the Kingdom, and shall undertake to keep their deliberation secret.
Article Twenty
I. The President and other members of the Government are jointly responsible for the decisions taken by the Council of Ministers. Each of them shall be accountable for the acts executed by him or authorized by him in his Department.
II. The penal liability of the President and of the other members of the Government, and the civil liability for acts related to the exercise of their functions, shall be subject to the Supreme Court of Justice, in plenary session.
TITLE IV
THE NATIONAL COUNCIL
Article Twenty-one
As the collegiate representative of the Movement, the National Council has the following functions.
a) To strengthen the bonds of unity among the people and domains of Spain.
b) To defend the integrity of the Principles of the National Movement and to ensure that the transformation and development of the economic, social and cultural structure are adapted to the demands of social justice.
c) To safeguard the development and exercise of the rights and liberties recognized by the fundamental laws and to stimulate the real and efficacious participation of the natural entities and of public opinion in political affairs.
d) To contribute to the training of Spanish youth in allegiance to the Principles of the National Movement and to bring new generations into the collective enterprise.
e) To channel, within the Principles of the Movement, a contrast of opinion on political action.
f) To safeguard the permanence and standards of the National Movement itself.
Article Twenty-two
The National Council shall be composed of the following Members:
a) One Member elected for each province, in the manner established by the appropriate organic Law.
b) Forty Members appointed by the Caudillo from among persons who have rendered services of proven worth; upon the fulfilment of succession provisions, these forty Members shall be made permanent until the age of seventy-five, and such vacancies as may arise subsequently shall be filled by election from among three candidates proposed by this group of Members to the Plenary Session of the Council.
c) Twelve Members representing the basic structures of the national community:
    — Four elected from among their members by the Deputies of the Cortes representing the family.
    — Four elected from among their members by the Deputies of the Cortes representing the local Corporations.
    — Four elected from among their members by the Deputies of the Cortes representing the Trade Union Organization.
d) Six Members appointed by the President of the Council from among persons rendering services relevant to the functions enumerated in the preceding article.
e) The Secretary-General, who shall exercise the functions of Vice-President.
Article Twenty-three
In order to carry out the functions outlined in Article Twenty-one, the National Council shall have the following duties:
a) Promoting the adjustment of the laws and general dispositions to the Principles of the National Movement and other Fundamental Laws of the Kingdom, exercising for this purpose the appeal of contrafuero (infringement of charter) prescribed under Title X of this Law.
b) Recommending to the Government whatever measures it may consider appropriate for the greater effectiveness of the Principles of the Movement and other Fundamental Laws of the Kingdom and, at all events, being apprised before submission to the Cortes, of any Bill or amendment to a Fundamental Law.
c) Bringing to the notice of the Government such reports or memoranda it may consider convenient, and executing the assignments entrusted to it by the Government, having the power, in such cases, to examine the antecedents it may consider necessary.
Article Twenty-four
The National Council shall function in plenary session and through a Standing Committee, in accordance with the requirements of its organic Law.
Article Twenty-five
The President of the Government, in his capacity as National Leader of the Movement by delegation of the Head of State, shall exercise the Presidency of the National Council and of its Standing Committee, with the assistance of the Secretary-General, to whom he may delegate such functions as he sees fit.
Article Twenty-six
The Secretary-General shall be appointed by the Head of State, at the proposal of the President of the Government. The office of Secretary-General shall carry the restrictions and incompatibilities prescribed by law.
Article Twenty-seven
I. The President of the National Council shall retire from office when he ceases to be President of the Government.
II. The Secretary-General shall retire from office:
a) Upon the retirement of the President of the Government.
b) At the instance of the President of the Government, with the approval of the Head of State.
c) At his own request, when his resignation has been accepted by the Head of State at the proposal of the President of the Government.
III. The Members of the National Council shall retire from office:
a) At the end of their term of office for groups a) and c); upon reaching the age of seventy-five for group b); and at the decision of the President of the Council for group d).
b) At their own request, when their resignation has been accepted by the Head of State at the proposal of the President of the Council.
c) Because of incapacity recognized by the Council.
d) For such other reason as may cause their retirement as Deputies of the Cortes.
Article Twenty-eight
An organic Law shall establish the norms governing the National Council.
TITLE V
THE JUDICIARY
Article Twenty-nine
The Judiciary shall enjoy complete independence. Justice shall be administered in the name of the Head of State, in accordance with the law, by Judges and Magistrates who shall be independent, immovable and responsible, as prescribed by law.
Article Thirty
Every Spaniard shall have free access to the Courts of Justice. Adjudication shall be free for those lacking economic means.
Article Thirty-one
The jurisdictional function, judgment and the execution of judgment, in civil, penal, litigious-administrative, labour and other cases established by law, fall within the exclusive competence of the Courts of Justice and Tribunals determined in the Organic Law of the Judiciary, according to their various terms of reference.
Article Thirty-two
I. Military jurisdiction shall be governed by the laws and dispositions that regulate it exclusively.
II. Ecclesiastical jurisdiction shall be in accordance with the provisions of the Concordat with the Holy See.
Article Thirty-three
The superintendence of the Judiciary is incumbent on the President of the Supreme Court, who shall be appointed from among Spanish jurists of recognized prestige.
Article Thirty-four
Judges and Magistrates may not be dismissed, suspended, transferred or pensioned off except for the causes and with the guarantees prescribed by law.
Article Thirty-five
I. The Office of the Attorney-General, the organ of communication between the Government and the Courts, has the mission of promoting the action of the Judiciary in defence of the public interest protected by law, and to procure before the Courts and Tribunals the maintenance of juridical order and the satisfaction of social interest.
II. The functions entrusted to the Office of the Attorney-General shall be exercised through its organs, in keeping with the principles of unity and hierarchical dependence.
Article Thirty-six
Public, as well as private, authorities and organs are obliged to give the Courts and Tribunals the help necessary for the exercise of the jurisdictional function.
TITLE VI
THE ARMED FORCES
Article Thirty-seven
The Armed Forces of the Nation, consisting of the Army, the Navy and Air Force, and the Forces of Public Order, guarantee the unity and independence of the country, the integrity of her territory, national security and the defence of the institutional system.
Article Thirty-eight
A National Defence Junta, composed of the President of the Government, the Ministers of the Military Departments, the Chief of the Supreme Staff and the Chiefs-of-Staff of the Army, the Navy and the Air Force, shall propose to the Government the general lines to be taken in respect of security and national defence. This National Defence Junta may include such Ministers or high-ranking officials, whose presence may be advisable because of the nature of the problems under consideration.
Article Thirty-nine
A Supreme Staff, dependent on the President of the Government, shall be the technical organ of National Defence, with the mission of co-ordinating the action of the Staffs of the three branches of the Armed Forces.
TITLE VII
THE ADMINISTRATION OF THE STATE
Article Forty
I. The Administration, consisting of hierarchically arranged organs, assumes the implementation of the ends of the State for the prompt and efficacious satisfaction of the general interest.
II. The higher organs of the Administration, their respective competence and the bases for the duties of their functionaries shall be determined by law.
III. The Administration shall be advised by the consultative organs established by law.
IV. The Council of States is the supreme consultative body of the Administration, and its competence and function shall be determined by law.
V. The National Economic Council is the consultative, advisory and technical organ in matters of importance that affect the national economy.
Article Forty-one
I. The Administration may not issue dispositions contrary to the laws, nor regulate, save by the express authorization of the law those matters which come under the exclusive competence of the Cortes.
II. Any administrative dispositions infringing the rules set forth in the preceding paragraph shall be null and void.
Article Forty-two
I. The resolutions and agreements passed by the Administration shall be done in accordance with the norms regulating administrative procedure.
II. Against the acts and resolutions that finalize administrative procedure, those actions and appeals may be brought before the competent authority as the law allows.
III. The responsibility of the Administration, its authorities, functionaries and agents may be demanded for the reasons and in the manner determined by law.
Article Forty-three
All public authorities and functionaries owe allegiance to the Principles of the National Movement and other Fundamental Laws of the Kingdom and shall take, prior to assuming office, the appropriate oath.
Article Forty-four
The Court of Exchequer of the Kingdom is responsible, with complete independence, for the auditing and verification of the accounts relevant to action taken in the exercise of Budgetary and Fiscal Laws, as well as the accounts of all official organs receiving aid or subsidies out of the General Budget of the State and of its autonomous bodies, and for the execution of the other functions stipulated in its organic Law.
TITLE VIII
LOCAL ADMINISTRATION
Article Forty-five
I. The Municipalities are natural entities and constitute the basic structures of the national community, being grouped territorially in provinces.
II. The Province is a district determined by the grouping of Municipalities, besides being a territorial division of the State Administration. Territorial divisions distinct from the Province may also be established.
Article Forty-six
I. The Municipalities and the Provinces have a juridical status and are fully capable of carrying out their particular functions as established by law, without prejudice to their co-operative functions in the service of the State.
II. The municipal and provincial Corporations, the representative and administrative organs of the Municipality and the Province, respectively, shall be elected by vote through the representative channels specified in Article ten of the Fuero de los Españoles.
Article Forty-seven
The State promotes the development of municipal and provincial life, protects and favours the patrimony of the local Corporations and ensures the economic means necessary for the fulfilment of their ends.
Article Forty-eight
The system of local Administration and of its Corporations, in accordance with the provisions of the preceding articles and the guarantees demanded by the common good in this respect, shall be determined by law.
TITLE IX
RELATIONS BETWEEN THE SUPREME ORGANS OF THE STATE
Article Forty-nine
The Spanish Cortes shall be immediately informed of the oppointment of a new Government and of the replacement of any of its members.
Article Fifty
Apart from its participation in legislative affairs, the Cortes has the following duties in relation to the Head of State:
a) Receiving from the Head of State and from the heir to the Crown, upon the latter's reaching the age of thirty, an oath of allegiance to the Principles of the Movement and other Fundamental Laws of the Kingdom.
b) Resolving, in accordance with the Law of Succession, all questions that may arise in respect of the succession in the Headship of State.
c) Authorizing the Head of State to carry out those acts which, by Fundamental Law, require the intervention of the Cortes.
d) Executing the other functions entrusted to them by the Fundamental Laws.
Article Fifty-one
The Government may submit to the sanction of the Head of State dispositions with the force of law, with the express authorization of the Cortes.
Article Fifty-two
Except in the case covered by the preceding article and those appearing in sub-paragraph d) of Article Ten of this Law, and in Article 13 of the Law of the Cortes, the Government may not issue dispositions which, according to Articles Ten and Twelve of the Law of the Cortes, must take the form of laws.
Article Fifty-three
The President of the Government and the Ministers shall inform the Cortes of the activities of the Government and of its respective Departments and, if necessary, must answer all requests, questions and summonses made according to regulations.
Article Fifty-four
I. The Government is responsible for drawing up the draft Law (Bill) on the General Budget of the State, and the Cortes must approve, amend or reject it. If the Budget Law is not approved before the first day of the following fiscal year, the budget of the previous year shall be considered to be automatically prorogued until the new budget is approved.
II. Once the General Budget of the State has been approved, only the Government may present Bills requiring an increase in public expenditure or a decrease in revenue, and any proposed law, or amendments to a Bill or proposed law involving an increase in expenditure or a decrease in revenue, shall require the approval of the Government before they are put through the normal channels.
III. The Government shall submit to the Cortes, for their approval, the General Accounts of the State, once they have been audited and verified by the Court of Exchequer of the Kingdom.
Article Fifty-five
The Court of Exchequer of the Kingdom, in the exercise of its function as Controller, must give the Government and the Cortes, in the form of memoranda and reports, its opinion on the manner in which the Budget Laws and other fiscal laws have been executed, in accordance with the provisions of the Law in this respect, and on those cases which, by virtue of their exceptional importance, it may consider it necessary to exercise this faculty.
Article Fifty-six
Only the Head of State may seek the advice of the Council of the Realm.
Article Fifty-seven
It is the duty of the Head of State to settle, in accordance with the laws, any questions of competence between the Administration and the Judges of ordinary and special Courts, and those arising between the Court of Exchequer and the Administration, or between the Court of Exchequer and the other ordinary and special Courts of justice.
Article Fifty-eight
I. The Presidents of the Supreme Court of Justice, the Council of State, the Court of Exchequer of the Kingdom, and the National Economic Council shall be appointed by the Head of State from among three candidates proposed by the Council of the Realm.
II. Their term of office shall be for six years, and their posts shall be subject to the restrictions and incompatibilities imposed by law.
III. They shall retire:
a) Upon the expiry of their term of office.
b) At their own request, once their resignation has been accepted by the Head of State, having been considered by the Council of the Realm.
c) At the decision of the Head of State, in agreement with the Council of the Realm.
d) At the proposal of the Council of the Realm, for incapacity recognized by two-thirds of its Members.
TITLE X
THE APPEAL OF «CONTRAFUERO»
Article Fifty-nine
I. Contrafuero is any legislative act or general disposition of the Government that may attack the Principles of the National Movement or the other Fundamental Laws of the Kingdom.
II. As a guarantee of the principles and norms infringed by contrafuero, the right of appeal before the Head of State has been established.
Article Sixty
The appeal of contrafuero may be lodged by:
a) The National Council, in all cases, by resolution adopted by two-thirds of its Members.
b) The Standing Committee of the Cortes for Government disposition of a general nature, by resolution adopted by a two-thirds majority.
Article Sixty-one
I. The appeal of contrafuero must be placed before the Council of the Realm within two months of the publication in the "Boletín Oficial del Estado" (Official Gazette of the State) of the law or disposition of a general nature motivating the appeal.
II. The President of the Council of the Realm shall immediately notify the Head of State of the presentation of the appeal of contrafuero, and shall bring it to the attention of the Standing Committee of the Cortes or of the President of the Government, as the case may be, so that, if necessary, they may appoint a representative to defend the validity of the law or disposition (of a general nature) concerned before the Council of the Realm.
III. The Council of the Realm, upon deciding that the motives are well-founded, may propose to the Head of State the suspension, during the process of appeal, of the law or disposition (of a general nature) concerned or, if applicable, of the precept or precepts of such a law or disposition that may be affected by the appeal.
Article Sixty-two
I. The Council of the Realm shall seek a ruling on the question posed by the appeal of contrafuero from a Committee of Inquiry presided by the President of a Division of the Supreme Court of Justice and composed of: one Member of the National Council, one Permanent Counsellor of the State, one Magistrate of the Supreme Court of Justice and one Deputy of the Cortes, appointed by the Standing Committee of the respective institutions and, in the case of the Supreme Court, by its Government Division. Said ruling shall be brought to the Council of the Realm, with details of the individual votes, if any.
II. The Council of the Realm, presided for this purpose by the President of the Supreme Court of Justice, shall propose to the Head of State the resolution taken.
Article Sixty-three
Should the Standing Committee of the Cortes recognize an infringement of the Principles of the Movement, or of the other Fundamental Laws, in a Bill or proposed law on which a ruling has been given by the appropriate Committee of the Cortes, it shall express its opinion, in detail and in writing, within eight days following the publication of the ruling in the "Boletín Oficial", to the President of the Cortes, who shall pass it on to the Committee responsible for the ruling, so that it may re-examine the Bill or proposed law in question. Meanwhile, its inclusion on the agenda of the Assembly shall be suspended or, if necessary, it shall be removed.
Article Sixty-four
The resolution that annuls, as a contrafuero, the legislative act or disposition (of a general nature) of the Government, the object of the appeal, shall require the immediate publication in the "Boletín Oficial del Estado" of the nullity granted, with the latitude proper to the case defined.
Article Sixty-five
I. The Head of State, before submitting to referendum a Bill or proposed law drawn up by the Cortes, shall ask the National Council to declare, within fifteen days, whether in its judgment there exists any motive that might bring about an appeal of contrafuero.
II. If the National Council thinks that such a motive exists, it shall proceed to act in the manner outlined in Article sixty-one. Otherwise, or in the case of an appeal being rejected, the law may be submitted to referendum, and after its promulgation, it may not be the object of an appeal of contrafuero.
Article Sixty-six
A special Law shall establish the conditions, the form and the terms of procedure for promoting and substantiating an appeal of contrafuero.
TRANSITORY DISPOSITIONS
First
I. When the provisions of the Law of Succession have been fulfilled, the person called to exercise the Headship of State, as King or Regent, shall assume the functions and duties assigned to the Head of State in the present Law.
II. The attributions granted to the Head of State by the Laws of 30th January, 1938, and 8th August, 1939, as well as the prerogatives bestowed upon him by Articles Six and Thirteen of the Law of Succession, shall subsist and remain in force until the eventuality referred to in the preceding paragraph comes to pass.
III. The National Leadership of the Movement is vested for life in the person of Francisco Franco, Caudillo of Spain. Upon the fulfilment of the provisions of the succession, it shall pass to the Head of State and, by his delegation, to the President of the Government.
Second
Upon the constitution of the next legislative term of the Cortes, there shall come into force the amendments introduced by the third additional disposition of the present Law ("Boletín Oficial del Estado" no. 9, of 11th January, 1967), in Articles two, six and paragraph 5 of Article seven of the Law of the Cortes, and immediately thereafter the amendments made in the Council of the Realm, according to the new text of Article Four of the Law of Succession in the Headship of State established in the Fourth Additional Disposition.
Third
With the exceptions made in the preceding transitory disposition, the present Law shall come into force on the day following its promulgation.
Fourth
Within a period of four months as from the promulgation of the present Law, there shall be published the revised text of the Fundamental Laws, which shall contain the amendments referred to in the additional dispositions of the present Law, after their sanction by the Council of the Realm and their debate by the Council of Ministers.
Fifth
The Government, within as brief a period as possible, shall present to the Cortes the Bills, and will issue the dispositions, leading to the execution of the present Law.
FINAL DISPOSITIONS
First
As of the date this Law comes into force, all dispositions contrary to its precepts shall be derogated.
Second
The present Law is a Fundamental Law, as defined in Article Ten of the Law of Succession in the headship of State.
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* ↑ The character of the kingdom is defined in the Law of Succession in the Headship of State, of 26th July, 1947 (Article 1).
* ↑ Paragraph one of Article 10 of the Law of Succession in the Headship of State, of 26th July, 1947, enumerates the Fundamental Laws, and paragraph two stipulates that "in order to derogate or amend them, a national referendum, besides the agreement of the Cortes, shall be necessary".To this list must be added the Law of 17th May, 1958, which promulgates the Principles of the National Movement, Article 30 of which states: "All laws and dispositions of whatever nature that injure or defame the Principles proclaimed in the present Fundamental Law of the Realm shall be null and void".
* ↑ See Article 14-1 and additional disposition III of this Law (Article 7 of the Law of the Cortes).
* ↑ See Article 13 of this Law.
* ↑ The requirement that Decrees should be signed by the Head of State and approved by the appropriate Minister, or President of the Government, in the event of their affecting various Ministries, was already covered in Article 24 of the Law of Juridical Procedure of the Administration of the State (revised text of 26th July, 1957)
* ↑ Article 12 of the Law of Succession establishes that "all cession of rights before mountings the throne, adbications when the successor has been designated, renunciations in any case and royal marriages, as well as marriages of immediate successors, shall be made known by the Council of the Realm and approved by the Cortes of the Nation".
* ↑ The prerogatives of the Head of State are specified in Article 7 of this Law and, specifically in respect of the Government, in subparagraphs d) and e).
* ↑ The composition and competence of the Council of Ministers are specified in Titles I an II, chapter of revised text of Law of Juridical Procedure of the Administration of the State, of 26th July, 1957.
* ↑ The office of President of the Government as an agent of the Administration of the State was established in Law of 26th July, 1957. His faculties, as well as those of the Ministers, are specified in Chapter II of Title II of said Law. The change in the new Law refers to a reform in the nomination, the duration of the term of office, and termination of same.
* ↑ The National Leadership of the Movement is vested for life in the persons of Francisco Franco, Caudillo of Spain, according to Transitory Disposition One, III, of this Law.For the National Council and the Secretary-General, see Title IV of this Law.
* ↑ Decree 2,148, of 10th August, 1963, determines the formula of the oath upon taking public office. Before taking office, the Ministers shall swear allegiance to the Head of State and to the National Regime (Article 16 of Law of 30th January, 1938).
* ↑ The liability of the State, of its authorities and its functionaries is regulated in Title IV of the Law of 26th July, 1957, aready cited in previous notes.
* ↑ The National Council of the Movement was established by Decree of 19th April, 1937 and regulated by Decrees of 31st July, 1939 and 13rd November, 1947. Its specific Regulation is dated 20th December, 1942.
* ↑ The composition of the National Council prior to the new Organic Law of the State was determined by Decree of 3rd March, 1965, and by Decree of 22nd April, 1964.
* ↑ The system established allows for the maintenance of a future spirit of homogeneity through this group of Members, whose vacancies are filled by candidates proposed by the Members themselves.
* ↑ The appeal of contrafuero is regulated in Title X of this Law.
* ↑ Transitory Disposition One, Number 111, of this Law rules that the National Leadership of the Movement devolves upon the Caudillo for life; it shall only pass to the President of the Government when delegated by the Head of State, the dispositions of the succesiion having been fulfilled.
* ↑ A reiteration of Fundamental Principle IX of those sanctioned by Law of 17th May, 1958: "Every Spaniard has the right to impartial adjudication...".Article 1 of the Organic Law of Judicial Power stipulated that: "Justice shall be administered in the name of the King".The quality of immovability seems to have been sanctioned in Article 9 of the Organic Law of Judicial Power: "The Government may not dismiss, transfer from office or pension off Judges and Magistrates, except in the cases and in the manner set forth in the Constitution of the Monarchy and the Laws".
* ↑ Legal aid for those lacking economic means is laid down in Fundamental Principle IX of those sanctioned by Law of 17th May, 1958.
* ↑ Similarly, Article 2 of the Organic Law of Judicial Power, of 15th September, 1870 , establishes that: "The power of applying the Laws in civil and criminal cases, judgment and the execution of judgment, fall within the exclusive province of the Judges and Tribunals".As regards administrative cases, Article 1 of the Law regulating Litigious-Administrative Jurisdiction, of 17th December, 1956, states: Litigious-administrative jurisdiction shall cover claims arising in respect of acts of Public Administration subject to administrative law and with dispositions of a status inferior to that of Law".In labour matters, Article 1 of the text of Article 11 of Law 193/1963, of 28th December, on Bases of Social Security, establishes: "The Jurisdiction of Labour is the only one competent to try, resolve and execute its decisions in individual conflicts in the social sphere of the Law".
* ↑ Code of Military Justice, approved by Law of 17th July, 1945.
* ↑ The present Concordat, of 27th August, 1953, sanctions in Article 1953, among other jurisdictional norms: "The State recognizes and respects the exclusive competence of the Tribunals of the Church for those offences that only violate ecclesiastical Law".
* ↑ Article 2 of Law of 20th December, 1952, on the Superintendence of Tribunals, stipulates: "The services of the Central Office of Superintendence of Tribunals, shall be performed under the authority and direction of the President of the Supreme Court, who is responsible for the superintendence and surveillance of the administration of justice in all the Tribunals and Courts of the Nation under ordinary jurisdiction". This precept reiterates the provisions of Article 11 of the Law of 17th July, 1945. As for the nomination of the President of the Supreme Court, Article 6 of the Law of 17th July, 1945, establishes that "he shall be nominated by Decree approved by the Council of Ministers, at the proposal of the Council of Justice, from among those jurists who in the performance of their duty in the Magistrature or in the Attorney-General's Office, or as Lawyers or University Professors, enjoy the highest prestige with accredited competence".
* ↑ A repetition in substance of the norm sanctioned in Article 763 of the Organic Law of Judicial Power: "The office of the Attorney-General shall promote the action of justice when it concerns public interest and it shall have the representation of the Government in its relations with the Judicial Power."Couched in similar terms is the precept contained in Article 1 of the Statute of the Office of the Attorney-General, approved by Royal Decree of 21st June, 1926.
* ↑ The public servant who, having been requested by the competent authority, fails to offer due co-operation for the administration of justice incurs the penalties outlined in Article 371 of the Penal Code.Article 570, sub-paragraph 7, of said Code typifies as an offence against public order the failure to give the authorities the help requested in the case of an offence.
* ↑ The Armed Forces of the Nation constitute a single Army, defined in Article 2 of its constitutive Law of 28th November, 1878, as an institution whose function is "to maintain the independence of the country and defend her from her enemies at home and abroad". Article 1 of Law of 19th July, 1889, stipulates hat: "The Army is a national institution governed by special laws and dispositions, whose prime purpose is to maintain the independence and integrity of the country and the power of the Constitution and the Laws."According to Article 4 of the Law of Public Order, of 30th July, 1959: "For the conservation and restoration of public order, the Home Office exercises the supreme command of the Security Forces of the State, composed of the General Police Corps, the Armed and Traffic Police, the Civil Guard Corps and all other units of security and vigilance or militia of a national, regional, provincial or municipal character, and auxiliary forces. In case of need, it may solicit, through the appropriate channels, the co-operation of military units...".
* ↑ The Junta was created by Art. 5 of Law of 8th August, 1939.
* ↑ This declaration appears in Article 1 of the LRJA (Law on Juridical Procedure of the Administration of the State, revised text of 26th July, 1957.
* ↑ According to Article 2, 1, of the LRJA (Law on Juridical Procedure of the Administration of the State), they are: the Head of State, the Council of Ministers, the Delegated Commissions, the President of the Government and the Ministers.Their competence and duties are regulated by the LRJA itself, Title II, Chapter I, covering the Council of Ministers and the Delegated Commission of the Government; Title II, Chapter II, covering those of the President of the Government and the Ministers, Title II of the Present Organic Law outlines the duties and prerogatives of the Head of State. Similarly, Article 13 lists those of the President of the Government. The Law of 20th July, 1963, approved the bases for such duties, Decree 315/1964 of 7th February having been issued for their application. According to sub-paragraph j), Article 10 of the Law of the Cortes. they fall under the competence of the Plenary Session.
* ↑ On juridical matters, advice to the Central Administration is given by the Advisory Section of the Litigation Department. The Provincial Advisory Service is rendered by the State Counsel (Organic Regulation, revised text of 25th April, 1958). Each Department has a Council to deal with special cases.
* ↑ Its Organic Law is dated 25th November, 1944, and its Regulation, 13th April, 1945.
* ↑ It was created by Law of 4th June, 1940, which specifies its functions.
* ↑ A reproduction of Article 28 of the LRJA of the State.
* ↑ Reproduces article 31 of the LRJA of the State. The norms governing Administrative procedure are expressed in the Law of 17th July, 1958, revised by Law 164/1963, of 2nd December.
* ↑ According to Article 36 of the LRJA of the State, the resolutions of the following organs and authorites finalize administrative procedure: 1. The Council of Ministers and the Delegated Commissions of the Government, in all cases. 2. The Ministers, save when an appeal is in process or when a special Law grants an appeal before another of the organs listed in Article 2 of this Law. 3. The lower authorities in cases resolved by a Ministerial delegation or other organ whose resolutions may terminate administrative procedure. 4. The Under-Secretaries and General Directors on questions of personnel. 5. Any authority established by a legal or regulative disposition.
* ↑ This question is regulated by Title IV of the LRJA of the State, which introduces the concept of the "objective fault", as it concedes the right of indemnity for "the damage suffered by private individuals to their property or rights", as a consequence of the normal or abnormal functioning of the Public Services.
* ↑ It is the first duty that Article 76 of the Civil Service Law imposes on public servants.Law 6/1961, of 19th April, imposes this obligation. Besides, the appointment of career civil servants has as a requisite, according to Article 36 of the Civil Service Law (complete text): "...c) The swearing of allegiance to the Fundamental Principles of the National Movement and other Fundamental Laws of the Kingdom".
* ↑ The Administrative and Accounting Law, of 1st July, 1911, defines in Article 33 (according to the text approved by the Law of 18th December, 1950) the General Budget of the State as "the ciphered expression of the obligations hich the Theasury must meet as the maximum in a year, in respect of the services that must be maintained therein, and the estimate of the resources or means that are considered realizable to cover such services". They shall be drawn up at six-monthly intervals to cover two yearly periods... "and shall be drawn up and presented to the Cortes before 1st July of the applicable year..." (Art. 34).
* ↑ This precept corresponds to Article 1 of the Law of Local Administration, of 24th June, 1955.
* ↑ This corresponds to Article 2 of the Law of Local Administration, although it admits the possibility of creating infra-provincial or supra-provincial territorial divisions.
* ↑ These provisions are regulated by the Law of Local Administration.
* ↑ Regulated by the Regulation on the Organization, Functioning and Juridical System of the Local Corporations, of 17th May, 1952.
* ↑ This was introduced by the present Law, no provision having formerly been made in this respect.
* ↑ The oath of allegiance to the Principles of the Movement and other Fundamental Laws of the Kingdom was imposed by Article 9 of the Law of Succession in the Headship of the State, as a necessary requisite for the exercise of such Headship. The new Law introduces the requirement that the heir to the throne must take an oath upon reaching the age of thirty.
* ↑ See Articles 6, 7 and 8 of the Law of Succession.
* ↑ See Article 9 of the Organic Law.
* ↑ This question was already regulated in Article 10, sub-paragraph 4, of the Law on Juridical Procedure of the Administration of the State, which required, over and above the express authorization of the Cortes, the prior approval of the Council of State in plenary session.
* ↑ Article 10 of the Law of the Cortes invests the Cortes with the competence to examine in full the acts or laws related to the major questions of the State, such as budgets, general economic management, the bases of Penal and Civil Law, etc. Article 12 of the same Law attributes to the Commissions of the Cortes all the dispositions not included in Article 10, which must take the form of laws either because they shall be so established in the future, or because they shall be so styled by a commission, created for the purpose by this article.The Government may not issue dispositions on these matters except in the following cases:a) When they have the express authorization of the Cortes (Art. 51 of the Organic Law and Art. 10, 4, of the Law of Juridical Procedure).b) When external security, the independence of the nation, the integrity of its territory or the institutional system of the Kingdom are in grave and imminent danger (Art. 10, d), of the Organic Law).c) In case of war or emergency, through a Decree-Law (Art. 13 of the Law of the Cortes and Atr. 10, subpara. 3, of the Law of Juridical Procedure).
* ↑ The summonses, requests and questions are regulated in Articles 71 foll. of the Regulations of the Spanish Cortes, approved by Law of 26th December, 1957.
* ↑ This text is in accordance whit Article 60 of the Regulations of the Cortes.
* ↑ In accordance with Art. 59 of the Regulations of the Cortes.
* ↑ See article 44 of the present La.
* ↑ This precept was formerly stated in Article 17 of the Regulations of the Council of the Realm, approved by Decree of 30th December, 1948.
* ↑ The Law regulating jurisdictional conflicts is dated 17th July, 1948.
* ↑ Formerly, these appointments fell under the exclusive competence of the Head of State:1. The President of the Supreme Court was nominated by Decree, approved by the Council of Ministers, at the proposal of the Council of Justice, from among those jurists who in the performance of their duties in the Magistrature, or in the Attorney General's Office, or as Lawyers or Professors, enjoyed the highest prestige with accredited competence (Art. 6 of Law of 17th July, 1945, which reorganized the Supreme Court).2. The President of the Council of State was nominated, in accordance with Article 5 of the Organic Law of said Council, by the Head of State, from among persons who were or had been one of the following:1. President of the Cortes.2. Minister.3. President of the Council of State.4. President of the Supreme Court.5. Captain-General of the Army or Navy.6. President of the Supreme Council of War and Marine, of the High Court of Military Justice.7. High Commissioner of Spain in Morocco.8. Permanent Counsellor of State, with five years of service as such.3. Article 27 of the Law of the Court of Exchequer, of 3rd December, 1953, stipulated that the nomination of the President rested with the Head of State, without any more limitations.4. Article 2 of Law of 4th June, 1940, regulating the National Economic Council, stated that the President of the Council would be nominated directly by the Head of State.
* ↑ Under the present title is established, in keeping with traditional terminology, the appeal of contrafuero before the Head of State, with the same meaning as the appeal of unconstitutionality of the Laws in comparative Law.1. Object of appeal:Any legislative act or general disposition of the Government that infringes the Principles of the National Movement or the other Fundamental Laws of the Kingdom.2. Who may promote the appeal:— The National Council.— The Standing Committee of the Cortes.3. Organ before which appeal may be placed:The Council of the Realm, presided for this purpose by the President of the Supreme Court of Justice. This Council acts in such cases as a Court of Constitutional Guarantees.4. Aspects of Procedure:Although the present title covers some points of procedure, a special Law shall establish all the aspects of procedure arising out of the present appeal of contrafuero.See Organic Law of the Movement and of its National Council, of 26th June, 1967.
* ↑ The Fundamental Laws are those essential principles of political organization compiled in one or several legislative volumes, which are given a higher formal status than that of ordinary laws.According to Article 10 of the Law of Succession in the Headship of State, of 26th July, 1947, the Fundamental Laws are: the Fuero de los Españoles (Statute Law of the Spanish People, of 17th July, 1945), the Labour Law (of 9th March, 1938), the Constitutive Law of the Spanish Cortes (of 17th July, 1942, reformed by that of 9th March, 1945), the present Law of Succession, the Law of the National Referendum (of 22nd October, 1945) and any other which may be promulgated in the future in this category. Their derogation or amendment shall require, besides the approval of the Cortes, a National Referendum.