Spanish Constitution

# **THE SPANISH CONSTITUTION**

### **PREAMBLE**

The Spanish Nation, desiring to establish justice, liberty and security, and to promote the well-being of all its members, in the exercise of its sovereignty, proclaims its will to: Guarantee democratic co-existence under the Constitution and the law, in accordance with a fair social and economic order; Consolidate a State of Law which ensures the rule of law as an expression of the popular will; Protect all Spaniards and peoples of Spain in the exercise of human rights, of their cultures and traditions, and of their languages and institutions; Promote the progress of culture and of the economy in order to ensure a worthy quality of life for all; Establish a democratic and advanced society; and Collaborate in the strengthening of peaceful relations and effective cooperation amongst all the peoples of the world. Wherefore, the Cortes pass and the Spanish people ratify the following

## **CONSTITUTION**

#### **Article 1**

1. Spain is hereby established as a social and democratic State, subject to the rule of law, which advocates as the highest values of its legal order, liberty, justice, equality and political pluralism.

2. National sovereignty is vested in the Spanish people, from whom emanate the powers of the State.

3. The political form of the Spanish State is that of a parliamentary monarchy.

#### **Article 2**

The Constitution is based on the indissoluble unity of the Spanish nation, the common and indivisible country of all Spaniards; it recognises and guarantees the right to autonomy of the nationalities and regions of which it is composed, and the solidarity amongst them all.

#### **Article 3**

1. The capital of the State is the city of Madrid.

#### **Article 4**

Political parties are the expression of political pluralism; they contribute to the formation and expression of the will of the people and are a fundamental instrument for political participation. Their creation and the exercise of their activities are free in so far as they respect the Constitution and the law. Their internal structure and operation must be democratic.

#### **Article 5**

Trade unions and employers associations contribute to the defence and promotion of the economic and social interests which they represent. Their creation and the exercise of their activities shall be unrestricted in so far as they respect the Constitution and the law. Their internal structure and operation must be democratic.

#### **Article 6**

1. The mission of the Armed Forces, comprising the Army, the Navy and the Air Force, is to guarantee the sovereignty and independence of Spain and to defend its territorial integrity and the constitutional order.

2. The basic structure of military organization shall be regulated by an organic law in accordance with the principles of the Constitution.

#### **Article 7**

1. Citizens and public authorities are bound by the Constitution and all other legal provisions.

#### **Article 8**

1. The human dignity, the inviolable and inherent rights, the free development of the personality, the respect for the law and for the rights of others are the foundation of political order and social peace.

#### **Article 9**

Spaniards are equal before the law and may not in any way be discriminated against on account of birth, race, sex, religion, opinion or any other personal or social condition or circumstance.

#### **Article 10**

Everyone has the right to life and to physical and moral integrity, and may under no circumstances be subjected to torture or to inhuman or degrading punishment or treatment. The death penalty is hereby abolished, except as provided by military criminal law in times of war.

#### **Article 11**

1. Everyone has the right to education. Freedom of teaching is recognised.

2. Education shall aim at the full development of the human character with due respect for the democratic principles of coexistence and for the basic rights and freedoms.

3. Elementary education is compulsory and free.

4. The public authorities shall inspect and standardize the educational system in order to guarantee compliance with the law.

#### **Article 12**

The right of workers to strike in defence of their interests is recognised. The law regulating the exercise of this right shall establish the guarantees necessary to ensure the maintenance of essential community services.

#### **Article 13**

1. Citizens have the right and the duty to defend Spain.

2. The duties of citizens in the event of grave risk, catastrophe or public calamity may be regulated by law.

#### **Article 14**

1. Men and women have the right to marry with full legal equality.

2. The law shall regulate the forms of marriage, the age at which it may be entered into and the required capacity therefore, the rights and duties of the spouses, the grounds for separation and dissolution, and the consequences thereof.

#### **Article 15**

1. No one may be deprived of his or her property and rights, except on justified grounds of public utility or social interest and with a proper compensation in accordance with the provisions of the law.

#### **Article 16**

Free enterprise is recognised within the framework of a market economy. The public authorities shall guarantee and protect its exercise and the safeguarding of productivity in accordance with the demands of the economy in general and, as the case may be, of its planning.

#### **Article 17**

1. The public authorities shall ensure the social, economic and legal protection of the family.

#### **Article 18**

1. The right to health protection is recognised.

2. It is incumbent upon the public authorities to organize and safeguard public health by means of preventive measures and the necessary benefits and services. The law shall establish the rights and duties of all concerned in this respect.

#### **Article 19**

By means of an organic law, authorisation may be granted for concluding treaties. Obligations by means of treaties or agreements shall be consistent with the Constitution.

#### **Article 20**

1. The Government shall resign after the holding of general elections, in the event of loss of Parliamentary confidence as provided in the Constitution, or on account of the resignation or death of the President.

2. The outgoing Government shall continue in power until the new Government takes office.

#### **Article 21**

1. If Congress withholds its confidence from the Government, the latter shall submit its resignation. Whereafter a new President of the Government shall be nominated.

2. If Congress passes a motion of censure, the Government shall submit its resignation, while the candidate proposed in the motion of censure shall be considered to have the confidence of the House. She or he shall be appointed as President of the Government.

#### **Article 22**

1. All Public Administrations shall adapt their actions to the principle of budgetary stability.

2. Ceilings on structural deficit and public debt volume may only be overrun in the event of natural catastrophes, economic recession or situations of extraordinary emergency which are beyond the State’s control and considerably harm the State’s financial situation or its economic or social sustainability, recognised as such by the absolute majority of the Parliament..

#### **Article 23**

1. The Constitutional Court has jurisdiction over the whole of Spanish territory.

#### **Article 24**

1. The Constitutional Court shall consist of five members appointed by the Parliament. Of these, one shall be nominated by the Opposition with the most seats, two shall be nominated by the Government, two shall be nominated by Parliament but cannot be affiliated with the Government.

2. The Constitutional Court shall be appointed before passing any bills exceptions are appointing new President and new Leader of House.

3. The Constitutional Court shall be appointed(start bill) maximum two days after the end of the election. Otherwise The previous Constitutional Court stays for next elections.

4. The Opposition with most seats and the Government are obligated to inform the Parliament about their nominees no later than 36 hours after the end of the election. Otherwise their nominees from the previous Constitutional Court stay for the next election.

5.  The Leader of House shall appoint a new member of The Constitutional Court if one of the current members cannot continue with the obligation of The Constitutional Court.

#### **Article 25**

Only the President shall be allowed to declare war with two-thirds of Parliament approval.

#### **Article 26**

The amendment of the Constitution shall require two-thirds of Parliament approval and majority in the Constitutional Court.

#### **Article 27**

1. The President shall serve a maximum of two consecutive terms.

2. The Constitutional Court may allow the President to serve more terms if there is no other eligible candidate from the Government's parties.