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CONSTI II:
Collaboration of legislative and executive: collaboration of power. Which is the real power of the monarchy:
EXAM: THERE IS ALWAYS ANOTHER PERSON WHO HAS THE
ACCOUNTABILITY FOR THE FUNCTIONS OF THE KING. So the constitutiom is appointing/organised a system in which the accountability of the king is tranfered to another person with the power or authorisation to be accountable, this is done through an institution call counter signature: is the institution which makes possible this transference of accountability.
Call counter signature: refrendo NO REFERENDO, REFRENDO. Transference only to the president of the government or a minister concerning the specific function but also in a specific case: presindete del congreso de diputados.
Lesson 12: The Parliament(I): structure and election.
“House of commons” or “house of lords”
“House of lords”: represent people Senate: represent the territory (each part of the Spanish nation)
Depending the changes we want to make in the electoral system: we change the constitution or the
Art. 68 and 69
Universal rights: are rights defined by the law: who can vote, where, how and for what I can vote. Derecho de configuración legal.
You have the right to maintain your vote secret but it is not an obligation. We will guarantee a minimum initial representation: 2 minimum, and the rest proportionally to the population. We allocate 102 equally per province. 1 to ceuta and 1 to mellilla.
Overrepresentation and small representation. THRESHOLD
Divided by 1, 2, 3, 4, 5 ESCAÑOS por ciento votos: porcentaje final da los istios que le corresponeden:
Acaba ocurriendo the same: over and under representation.
MEMIS SIBEL
LESSON 16
Nowadays in Spain we have a president of the government who was not elected by the people in the direct sense. He became president because he win a moción de censura. The procedure has happened some times but it is the first time that it succeeded. It not the only mechanism for the accountability of the government there is another one known as the Question of confidence. They are because of the consequences, the highest of the mechanism: aggravated mechanisms of control
We have other ones that are used normally in the day a day sessions in the parliament: The information requested by the parliament to the government, the Interpelations and the questions.
General distinction: even if the Questions and the interpellations are very similar
The interpellation is more general, open and extensa. The question is more specific so, a member or the senate can ask for something very specific through the question.
There is the option of having an oral answer: they have to specify it.
Motion of censure: mechanism started by the congress.
2/05/2019 (Pasar esta tarde) NO: Preliminary appeal Basque regional
Conflicts between constitutional bodies: The gov vs:
- Congress of Diputies
- Senate
MEMIS SIBEL
The Government or any House of Parliament may request the Constitutional Court to rule on the existence or non-existence of a conflict between the Constitution and the provisions of an international treaty, the text of which was been finally fixed, but the consent of the State had not yet been provided.
The Constitutional Court, after receiving the request, must summon the applicant and the other standing bodies so that within a month they shall express their informed opinion on the matter.
Concluido el anterior trámite, el Tribunal emitirá su declaración que tiene carácter vinculante.
Having completed this process, the Court will issue its binding statement. At any time during the proceedings, the Court may ask the bodies entitled to promote the Declaration or other natural or legal persons or other organs of the State and the Autonomous Communities, any allegations, amplifications or clarifications deemed necessary.
State of Autonomy:
Article 2 The Constitution is based on the indissoluble unity of the Spanish nation, the common and indivisible country of all Spaniards; it recognizes and guarantees the right to autonomy of the nationalities and regions of which it is composed, and the solidarity amongst them all.
Spain: a state of autonomies. Apart of it, the provinces will be another level of organization of territory
Part VIII: Chapter three (art 143-…)
General principles and organization of the local government.
WE HAVE TO BEGAN FROM ART 147, 148, 149 150: marco, harmonizacion y transferencia 151: NO
Why are there diff procedures from regions to autonomy? All the regions and territories and regions of Spain: diff history, each part had a diff behaviour. The case of Madrid or Cataluña are diff. According to the specifical and original part of each one, will have to use one or the other 152: yassss 153: yass 155: yasss 157: yasss
The rule AUTONOMIC LAW AR
INSTITUTIONS AND COMPETENCES
Article 147 CE
Institutions of the autonomous communities:
The SC has, for special regime regions, set a tripartite system (art.152.1) that later became widespread: -A Legislative Assembly -A Council of Government, whose President is to be elected by Assembly members and appointed by the King. -A High Court of Justice, as head of the judicial organization within the autonomous community.
Autonomous Parliaments
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The Statutes approved by Section 151 procedure must have Legislative Assembly, the remaining Autonomous Communities do not necessarily have to have an Assembly nor legislation. This provision is silent on the issue of composition and institutional organization.
Duties and powers of the Assembly: Legislative, in matters falling within their exclusive competence, and subjects in which legislative development is envisioned. In the state: Senate and Congress. In the autonomies: only one institution, unicameral. Can create law in base of what it was concede to
Regulatory powers: emphasizes law reserve for some matters, the distinction between ordinary and qualified majority legislation, and the recognition of the autonomous decree-laws.
Budget functions: They must approve the budged
Election of the President of the autonomous community done by the members of the assembly: As in the case of senators they can be elected by election or there can be more senators appointed by the assembly (regional senators)
Control function Others attributed to them by their EA (Estatuto de autonomía )and SC: e.g.: Designation of regional Senators Legislative initiative at the State level Filing an appeal of unconstitutionality
Executive bodies The President: Section 152.1 determines that the President assumes leadership of the Executive Council Parliamentary election of the President: if confidence is not obtained: dissolution of Parliament and new elections are foreseen, but some EA provide for automatic designation of the most voted candidate The President is elected by Assembly members.
Government: government of the state and of the autonomy Representation Executive Council: the supreme representation of the Community The President and the members of the Executive Council are politically accountable to the Assembly. Functions: (A) Executive and administrative (B) constitutional challenge (C) others attributed by the EA or the SC: the Valencian EA: gave rise to conflicts of jurisdiction concerning Section 161.1.c)
Political function: establish the relation with the rest of the countries.
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-Defender of the people (both), -Economic and social regional committees, -Court of auditors (the Catalan Council for Statutory Guarantees)
They reflect the social, political or economic singularities of the territories: language academies, culture councils, data protection agencies, local cooperation councils, water or audiovisual.
ORGANS of CONTROL: (of Autonomous Communities). Section 153 CE (a) the Constitutional Court b) the Government, after the opinion of the Council of State (laws of transfer or delegation) (c) Administrative courts d) Court of Auditors
Art: 136 EXAMEN: Court of Audit
COMPETENCES
System of distribution:
No by memory:
148: AACC
149: state:
149.3: EXAMEN, EL ÚLTIMO PÁRRAFO.
State exclusive competences (Section 149),
The rest are Assumed (Section 148)- Matters devolved to self-governing Communities
Own competences (Section 148)-
Progressive enlargement of powers through Statutes, and shared competences.
Distribution:
A. minimum competences: those established in Section 148.1: competence of the autonomous communities
B. competences derived from Section 149.1: exclusive State jurisdiction.
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C) remaining or residual competences: susceptible of being “assumed” according to Section 149.3: matters not expressly assigned to the State may fall under the jurisdiction of CCAA by virtue of their Statutes; Jurisdiction on matters not claimed by Statutes of Autonomy falls with the State, whose laws prevail; Predominance and suppletory value of State Law.
When there is a conflict, the exclusive prevails over the autonomous one and is suppletory.
- State exclusive competences Section 149.1 heterogeneous: not all subject-matters in the list correspond to exclusive State competence, but may also correspond to the autonomous communities: there are exm as tv or radio) a. State matters (matters and jurisdiction) b. Matters which the autonomous communities have competence over: They could be concurrent matters (both State and CCAA) c. Exclusive powers of the State, affecting almost all the subjects included in this section. d. Exclusive powers of the autonomous communities, especially administrative matters e. Competences shared between the State and the autonomous communities concerning matters whose basic legislation is reserved for the State, but autonomous communities are attributed normative development of the basic legislation. f. Matters on which the State reserves some legislative competence aspects, and competences that do not affect reserved State matters may be attributed to the autonomous communities. Modalities: g. Matters concerning regional administrative and state legislative powers. h. Shared competences, basic legislation is usually reserved to the State, and legislative development of this basic legislation may correspond to the autonomous communities.
- Assignment of competences given by Statutes of Autonomy
Characteristics of Statutes of Autonomy: A) can be considered the opposite to the constitution ( A sensu contrario ) of Section 149 SC: they have defined their competences by exhausting constitutionally-enshrined possibilities, assuming all the competences permitted by the SC, going even beyond (to share) (B) have rated the intensity of jurisdiction: exclusive, legislative development and implementation
MEMIS SIBEL
(Section 141)
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