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Códigos electrónicos

Constitución

Española

______________

The Spanish

Constitution

Edición actualizada a 19 de febrero de 2024

BOLETÍN OFICIAL DEL ESTADO

The Spanish Constitution

Cortes Generales «BOE» núm. 311, de 29 de diciembre de 1978 Última modificación: 17 de febrero de 2024 Referencia: BOE-A-1978-31229-EN

Don Juan Carlos I, King of Spain, announce to all those who may have knowledge of this, That the Cortes have passed and the Spanish people have ratified the following 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

PRELIMINARY PART

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.

accountability of the public authorities, and the prohibition against arbitrary action on the part of the latter.

PART I

Fundamental rights and duties

Article 10.

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.
2. The principles relating to the fundamental rights and liberties recognised by the Constitution shall be interpreted in conformity with the Universal Declaration of Human Rights and the international treaties and agreements thereon ratified by Spain.

CHAPTER ONE

Spaniards and Aliens

Article 11.

1. Spanish nationality is acquired, retained and lost in accordance with the provisions of the law.
2. No person of Spanish origin may be deprived of his or her nationality.
3. The State may negotiate dual nationality treaties with Latin-American countries or with those which have had or which have special links with Spain. In these countries, Spaniards may become naturalised without losing their nationality of origin, even if said countries do not recognise a reciprocal right to their own citizens.

Article 12.

Spaniards legally come of age at eighteen.

Article 13.

1. Aliens shall enjoy the public freedoms guaranteed by the present Title, under the terms to be laid down by treaties and the law.
2. Only Spaniards shall be entitled to the rights recognised in Article 23, except in cases which may be established by treaty or by law concerning the right to vote and the rigth to be elected in municipal elections, in accordance with the principle of reciprocity.
3. Extradition shall be granted only in compliance with a treaty or with the law, on the basis of the principle of reciprocity. Extradition shall be excluded for political offences; but acts of terrorism shall not be regarded as such.
4. The law shall establish the terms under which citizens from other countries and stateless persons may enjoy the right to asylum in Spain.

CHAPTER TWO

Rights and Liberties

Article 14.

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.

§ 2 The Spanish Constitution

Section 1. Fundamental Rights and Public Liberties

Article 15.

Everyone has the rigt 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 16.

1. Freedom of ideology, religion and worship of individuals and communities is guaranteed, with no other restriction on their expression than may be necessary to maintain public order as protected by law.
2. No one may be compelled to make statements regarding his religion, beliefs or ideologies.
3. There shall be no State religion. The public authorities shall take the religious beliefs of Spanish society into account and shall consequently maintain appropriate cooperation with the Catholic Church and the other confessions.

Article 17.

1. Every person has a right to freedom and security. No one may be deprived of his or her freedom except in accordance with the provisions of this article and in the cases and in the manner provided by the law.
2. Preventive detention may last no longer than the time strictly required in order to carry out the necessary investigations aimed at establishing the facts; in any case the person arrested must be set free or handed over to the judicial authorities within a maximum period of seventy-two hours.
3. Any person arrested must be informed immediately, and in a manner understandable to him or her, of his or her rights and of the grounds for his or her arrest, and may not be compelled to make a statement. The arrested person shall be guaranteed the assistance of a lawyer during police and judicial proceedings, under the terms established by the law.
4. A habeas corpus procedure shall be regulated by law in order to ensure the immediate handing over to the judicial authorities of any person arrested illegally. Likewise, the maximum period of provisional imprisonment shall be stipulated by law.

Article 18.

1. The right to honour, to personal and family privacy and to the own image is guaranteed.
2. The home is inviolable. No entry or search may be made without the consent of the occupant or a legal warrant, except in cases of flagrante delicto.
3. Secrecy of communications is guaranteed, particularly of postal, telegraphic and telephonic communications, except in the event of a court order to the contrary.
4. The law shall limit the use of data processing in order to guarantee the honour and personal and family privacy of citiziens and the full exercise of their rights.

Article 19.

Spaniards have the right to choose their place of residence freely, and to move about freely within the national territory. Likewise, they have the right to freely enter and leave Spain subject to the conditions to be laid down by the law. This right may not be restricted for political or ideological reasons.

Article 20.

1. The following rights are recognised and protected: a) the right to freely express and disseminate thoughts, ideas and opinions trough words, in writing or by any other means of communication;

§ 2 The Spanish Constitution

Article 25.

1. No one may be convicted or sentenced for any act or omission which at the time it was committed did not constitute a felony, misdemeanour or administrative offence according to the law in force at that time.
2. Punishments entailing imprisonment and security measures shall be aimed at rehabilitation and social reintegration and may not consist of forced labour. The person sentenced to prison shall enjoy during the imprisonment the fundamental rights contained in this Chapter except those expressly limited by the terms of the sentence, the purpose of the punishment and the penal law. In any case, he shall be entitled to paid employment and to the appropriate Social Security benefits, as well as to access to cultural opportunities and the overall development of his or her personality.
3. The Civil Administration may not impose penalties which directly or indirectly imply deprivation of freedom.

Article 26.

Courts of Honour are prohibited within the framework of the Civil Administration and of professional associations.

Article 27.

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. The public authorities guarantee the right of parents to ensure that their children receive religious and moral instruction that is in accordance with their own convictions.
4. Basic education is compulsory and free.
5. The public authorities guarantee the right of everyone to education, through general education programming, with the effective participation of all parties concerned and the setting up of educational centres.
6. The right of individuals and legal entities to set up educational centres is recognised. provided they respect Constitutional principles.
7. Teachers, parents and, when appropriate, pupils, shall share in the control and management of all the centres maintained by the Administration out of public funds, under the terms established by the law.
8. The public authorities shall inspect and standardise the educational system in order to guarantee compliance with the law.
9. The public authorities shall give aid to teaching establishments which meet the requirements to be laid down by the law.
10. The autonomy of Universities is recognised, under the terms established by the law.

Article 28.

1. Everyone has the right to freely join a trade union. The law may limit the exercise of this right or make an exception to it in the case of the Armed Forces or Institutes or other bodies subject to military discipline, and shall regulate the special conditions of its exercise by civil servants. Trade union freedom includes the right to set up trade unions and to join the union of one's choice, as well as the right of the trade unions to form confederations and to found international trade union organisations, or to become members thereof. No one may be compelled to join a trade union.
2. 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 neccessary to ensure the maintenance of essential community services.

Article 29.

1. All Spaniards shall have the right to individual and collective petition, in writing, in the manner and subject to the consequences established by the law.

§ 2 The Spanish Constitution

1. Members of the Armed Forces or Institutes or bodies subject to military discipline may only exercise this right individually and in accordance with the provisions of the legislation pertaining to them.

Section 2. Rights and Duties of Citizens

Article 30.

1. Citizens have the right and the duty to defend Spain.
2. The law shall determine the military obligations of Spaniards and shall regulate, with the proper safeguards, conscientious objection as well as other grounds for exemption from compulsory military service; it may also, when appropriate, impose a form of social service in lieu thereof.
3. A civilian service may be established with a view to accomplishing objectives of general interest.
4. The duties of citizens in the event of grave risk, catastrophe or public calamity may be regulated by law.

Article 31.

1. Everyone shall contribute to sustein public expenditure in proportion to his or her financial means, through a just and progressive system of taxation based on principles of equality, which shall in no case be confiscatory in nature.
2. Public expenditure shall be incurred in such a way that an equitable allocation of public resources may be achieved, and its planning and execution shall comply with criteria of efficiency and economy.
3. Personal or property contributions for public purposes may only be imposed in accordance with the law.

Article 32.

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 33.

1. The right to private property and inheritance is recognised.
2. The content of these rights shall be determined by the social function which they fulfil, in accordance with the law.
3. 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 34.

1. The right to set up foundations for purposes of general interest is recognised, in accordance with the law.
2. The provisions of clauses 2 and 4 of Article 22 shall also be applicable to foundations.

Article 35.

1. All Spaniards have the duty to work and the right to employment, to free choice of profession or trade, to advancement through their work, and to sufficient remuneration for the satisfaction of their needs and those of their families; moreover, under no circumstances may they be discriminated against on account of their gender.
2. The law shall establish a Workers' Statute.

§ 2 The Spanish Constitution

Article 43.

1. The right to health protection is recognised.
2. It is incumbent upon the public authorities to organise 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.
3. The public authorities shall promote health education, physical education and sports. Likewise, they shall encourage the proper use of leisure time.

Article 44.

1. The public authorities shall promote and watch over access to cultural opportunities, to which all are entitled.
2. The public authorities shall promote science and scientific and technical research for the benefit the general interest.

Article 45.

1. Everyone has the right to enjoy an environment suitable for personal development, as well as the duty to preserve it.
2. The public authorities shall safeguard rational use of all natural resources with a view to protecting and improving the quality of life and preserving and restoring the environment, by relying on essential collective solidarity.
3. Criminal or, where applicable, administrative sanctions, as well as the obligation to make good the damage, shall be imposed, under the terms established by the law, against those who violate the provisions contained in the previous clause.

Article 46.

The public authorities shall guarantee the preservation and promote the enrichment of the historic, cultural and artistic heritage of the peoples of Spain and of the property of which it consists, regardless of its legal status and its ownership. Offences committed against this heritage shall be punished under criminal law.

Article 47.

All Spaniards are entitled to enjoy decent and adequate housing. The public authorities shall promote the necessary conditions and shall establish appropriate standards in order to make this right effective, regulating land use in accordance with the general interest in order to prevent speculation. The community shall participate in the benfits accruing from the urban policies of the public bodies.

Article 48.

The public authorities shall promote conditions directed towards the free and effective participation of young people in political, social, economic and cultural development.

Article 49.

1. Persons with disabilities exercise the rights provided for in this Title under conditions of real and effective freedom and equality. The special protection necessary to exercise the rights shall be governed by law.
2. The public authorities shall advance policies to ensure full individual autonomy and social inclusion of persons with disabilities, in environments with accessibility for all, and shall also promote the participation of its organisations, in such terms as the law provides. Priority shall be given to meeting the specific needs of women and children with disability.

Article 50.

The public authorities shall guarantee, through adequate and periodically updated pensions, sufficient financial means for senior citizens.

§ 2 The Spanish Constitution

Likewise, and independently of the obligations of their families towards them, they shall promote their welfare through a system of social services which shall provide for their specific problems of health, housing, culture and leisure.

Article 51.

1. The public authorities shall guarantee the protection of consumers and users and shall, by means of effective measures, safeguard their safety, health and legitimate financial interests.
2. The public authorities shall make means available to inform and educate consumers and users, shall foster their organisations, and shall provide hearings for such organisations on all matters affecting their members, under the terms to be established by law.
3. Within the framework of the provisions of the foregoing clauses, the law shall regulate domestic trade and the system of licensing commercial products.

Article 52.

The law shall regulate professional organisations which contribute to the defence of their own economic interests. Their internal structure and operation must be democratic.

CHAPTER FOUR

Guarantee of Fundamental Rights and Liberties

Article 53.

1. The rights and liberties recognised in Chapter Two of the present Title are binding for all public authorities. The exercise of such rights and liberties, which shall be protected in accordance with the provisions of Article 161, 1a), may be regulated only by law which shall, in any case, respect their essential content.
2. Any citizen may assert his or her claim to the protect the liberties and rights recognised in Article 14 and in Section 1 of Chapter Two, by means of a preferential and summary procedure in the ordinary courts and, when appropriate, by submitting an individual appeal for protection («recurso de amparo») to the Constitutional Court. This latter procedure shall be applicable to conscientious objection as recognised in Article 30.
3. The substantive legislation, judicial practice and actions of the public authorities shall be based on the recognition, respect and protection of the principles recognised in Chapter Three. The latter may only be invoked in the ordinary courts in the context of the legal provisions by which they are developed.

Article 54.

An organic law shall regulate the institution of Ombudsman the People, who shall be a high commisioner of the Cortes Generales, appointed by them to defend the rights contained in this Title; for this purpose he may supervise Administration activities and report thereon to the Cortes Generales.

CHAPTER FIVE

Suspension of Rights and Liberties

Article 55.

1. The rights recognised in Articles 17 and 18, clauses 2 and 3, Articles 19 and 20, clause 1, subclauses, a) and d) and clause 5, Articles 21 and 28, clause 2, and Article 37, clause 2, may be suspended when the state of emergency or siege (martial law) is declared under the terms provided in the Constitution. Clause 3 of Article 17 is excepted from the foregoing provisions in the event of the proclamation of a state of emergency.
2. An organic law may determine the manner and the circumstances in which, on an individual basis and with the necessary participation of the Courts and proper Parliamentary control, the rights recognised in Articles 17. clause 2, and 18, clauses 2 and 3, may be

§ 2 The Spanish Constitution

1. The Regency shall be exercised by constitutional mandate, and always on behalf of the King.

Article 60.

1. The guardian of the King during his minority shall be the person designated in the will of the late King, provided that he is of age and Spanish by birth. If a guardian has not been designated, the father or mother shall be guardian, as long as he or she remains a widower or widow, as the case may be. In default thereof, the guardian shall be appointed by the Cortes Generales, but the offices of Regent and Guardian may not be held by the same person, except by the father, mother or direvvvct ascendants of the King.
2. Exercise of the guardianship is also incompatible with the holding of any office or political representation.

Article 61.

1. The King, on being proclaimed before the Cortes Generales, shall take oath to carry out his duties faithfully, to obey the Constitution and the law and ensure that they are obeyed by, and to respect the rights of citizens and the Autonomous Communities.
2. The Crown Prince, on coming of age, and the Regent or Regents, on assuming office, shall take the same oath, as well as that of loyalty to the King.

Article 62.

It is incumbent upon the King: a) to sanction and promulgate the laws; b) to summon and dissolve the Cortes Generales and to call elections under the terms provided in the Constitution; c) to call a referendum in the circumstances provided in the Constitution; d) to propose a candidate for President of the Government and, as the case may be, appoint him or remove him from office, as provided in the Constitution. e) to appoint and dismiss members of the Government on the proposal of its President; f) to issue the decrees agreed upon by the Council of Ministers, to confer civil and military positions and award honours and distinctions in conformity with the law; g) to be informed regarding affairs of State and, for this purpose, to preside over the meetings of the Council of Ministers whenever he deems opportune, at the request of the President of the Government; h) to exercise supreme command of the Armed Forces; i) to exercise the right to grant pardons in accordance with the law, which may not authorise general pardons; j) to exercise the High Patronage of the Royal Academies.

Article 63.

1. The King accredits ambassadors and other diplomatic representatives. Foreign representatives in Spain are accredited to him.
2. It is incumbent upon the King to express the State's assent to the entering into of international commitments through treaties, in conformity with the Constitution and the law.
3. It is incumbent on the King, following authorisation by the Cortes Generales, to declare war and to make peace.

Article 64.

1. The acts of the King shall be countersigned by the President of the Government and, where appropriate, by the competent ministers. The nomination and appointment of the President of the Government and the dissolution provided under Article 99, shall be countersigned by the Speaker of Congress.
2. Those countersigning the acts of the King shall be liable for them.

§ 2 The Spanish Constitution

Article 65.

1. The King receives an overall amount from the State Budget for the upkeep of his Family and Household and distributes it freely.
2. The King freely appoints and dismisses the civil and military members of his Household.

PART III

The Cortes Generales

CHAPTER ONE

The Houses of Parliament

Article 66.

1. The Cortes Generales represent the Spanish people and consist of the Congress of Deputies and the Senate.
2. The Cortes Generales exercise the legislative power of the State, approve its Budget, control Government action and hold all the other powers vested in them by the Constitution.
3. The Cortes Generales are inviolable.

Article 67.

1. No person may be a member of both Houses simultaneously, or be a representative in the Assembly of an Autonomous Community and a Deputy to Congress at the same time.
2. The members of the Cortes Generales shall not be bound by a compulsory mandate.
3. Meetings of members of Parliament which are held without having been called in the statutory manner shall not be binding on the Houses, and members may not exercise their functions therein nor enjoy the privileges deriving from their office.

Article 68.

1. Congress consists of a minimum of three hundred and a maximum of four hundred Deputies, elected by universal, free, equal, direct and secret suffrage, under the terms established by law.
2. The electoral district is the province. The cities of Ceuta and Melilla shall each be represented by one Deputy. The total number of Deputies shall be distributed in accordance with the law, with each electoral district being assigned a minimum initial representation and the remainder being distributed in proportion to the population.
3. The election in each electoral district shall be conducted on the basis of proportional representation.
4. Congress is elected for four years. The term of office of the Deputies ends four years after their election or on the day that the House is dissolved.
5. All Spaniards who are entitled to the full exercise of their political rights are electors and elegible for election. The law shall recognise and the State shall facilitate the exercise of the right to vote of Spaniards who are outside Spanish territory.
6. Elections shall take place between thirty and sixty days after the end of the previous term of office. The Congress so elected must be convened within twenty five days following the holding of elections.

Article 69.

1. The Senate is the House of territorial representation.
2. In each province, four Senators shall be elected by the voters thereof by universal, free, equal, direct and secret suffrage, under the terms established by an organic law.
3. In the islands provinces, each island or group of islands with a «Cabildo» or Island Council shall constitute an electoral district for the purpose of electing Senators, of whom

§ 2 The Spanish Constitution

Article 74.

1. The Houses shall meet in joint session in order to exercise the non-legislative powers expressly conferred upon the Cortes Generales by Title II.
2. The decisions of the Cortes Generales outlined in Articles 94.1, 145.2 and 158.2 shall be passed by majority vote of each of the Houses. In the first case, the procedure shall be initiated by Congress, and in the remaining two by the Senate. In both cases, if an agreement is not reached between the Senate and Congress, an attempt to reach agreement shall be made by a Joint Commission consisting of an equal number of Deputies and Senators. The Commission shall submit a text which shall be voted on by both Houses. If this is not passed in the established manner, Congress shall decide by absolute majority.

Article 75.

1. The Houses shall convence in Plenary Sessions and in Committees.
2. The Houses may delegate to the Standing Legislative Committees the approval of governmental or non-governmental bills. However, the Plenum may at any time demand a debate and vote on any governmental or non-governmental bill which has been the object of this delegation.
3. Excluded from the provisions of the foregoing paragraph are constitutional reform, international affairs, organic and basic laws and the General State Budget.

Article 76.

1. Congress and the Senate and, when appropriate, both Houses jointly, may appoint fact-finding committees on any matter of public interest. Their conclusions shall not be binding on the Courts, nor shall they affect judicial decisions, notwithstanding the fact that the results of investigations may be referred to the Public Prosecutor for him to take appropriate action whenever necessary.
2. It shall be compulsory to appear when summoned by the Houses. Penalties which may be imposed for failure to comply with this obligation shall be established by law.

Article 77.

1. The Houses may receive individual and collective petitions, always in writing; direct submission by citizens' demonstrations is prohibited.
2. The Houses may refer the petitions that they receive to the Government. The Government is obliged to provide an explanation regarding their content, when required to do so by the Houses.

Article 78.

1. In each House there shall be a Permanent Deputation («Diputación Permanente») consisting of a minimum of twenty-one members who shall represent the Parliamentary groups in proportion to their numerical importance.
2. The Permanent Deputation shall be presided over by the Presidents of the respective Houses and their functions shall be: that provided in Article 73 which consists of assuming the powers of the Houses in accordance with Articles 85 and 116 in the event that the latter have been dissolved or that their terms have expired, and that of safeguarding the powers of the Houses when they are not in session.
3. On the expiration of the term of the Cortes Generales, or in case of dissolution, the Permanent Deputation shall continue to perform their functions until the new Cortes Generales are constituted.
4. When the House concerned meets, the Permanent Deputation shall report on the matters dealt with and on its decisions.

Article 79.

1. In order to adopt resolutions, the Houses must have met in a statutory manner, with a majority of their members present.

§ 2 The Spanish Constitution

1. In order to be valid, these resolutions must be passed by the majority of the members present, without prejudice to the special majorities that may be established by the Constitution or the organic laws and those which are established by the Standing Orders of the Houses.
2. The votes of Senators and Deputies are personal and may not be delegated.

Article 80.

The plenary sessions of the Houses shall be public, except when otherwise decided by each House by absolute majority, or in accordance with the Standing Orders.

CHAPTER TWO

Drafting of Laws

Article 81.

1. Organic laws are those relating to the development of fundamental rights and public liberties, those which establish Statutes of Autonomy and the general electoral system, and other laws provided in the Constitution.
2. The passing, amendment or repeal of the organic laws shall require an absolute majority of the members of Congress in a final vote on the bill as a whole.

Article 82.

1. The Cortes Generales may delegate to the Government the power to issue rules with the force of law on specific matters not included in the foregoing article.
2. Legislative delegation must be granted by means of a basic law when its purpose is that of drawing up texts comprising various articles, or by an ordinary law when it is a matter of consolidating several legal texts into one.
3. Legislative delegation must be expressly granted to the Government for specific purposes and with a fixed time limit for its exercise. The delegation shall expire when the Government, having availed itself thereof, has published the appropriate regulations. It may not be construed as having been granted implicitly or for an indeterminate period. Nor shall subdelegation to authorities other than the Government itself be authorized.
4. Basic laws shall precisely define the purpose and scope of legislative delegation, as well as the principles and criteria to be followed in exercising it.
5. Authorisation for revising legal texts shall determine the legislative scope implicit in the iniciative, specifying if it is restricted to the mere formulation of a single text or whether it covers regulating, clarifying and harmonising the legal texts that are to be consolidated.
6. Iniciatives may establish additional control formulas in each case, without prejudice to the jurisdiction of the Courts.

Article 83.

The basic laws may in no case: a) authorise the modification of the basic law itself; b) grant power to enact retroactive regulations.

Article 84.

In the event that a non-governmental law or amendment is contrary to currently valid legislative iniciative, the Government may oppose its passage. In this case, a non- governmental law may be submitted for the total or partial repeal of the iniciative.

Article 85.

Government provisions containing delegated legislation shall be entitled «Legislative Decrees».

§ 2 The Spanish Constitution

Article 92.

1. Political decisions of special importance may be submitted to all citizens in a consultative referendum.
2. The referendum shall be called by the King at the proposal of the President of the Government, following authorisation by the Congress of Deputies.
3. An organic law shall regulate the terms and procedures for the different kinds of referendum provided for in this Constitution.

CHAPTER THREE

International Treaties

Article 93.

By means of an organic law, authorisation may be granted for concluding treaties by which powers derived from the Constitution shall be vested in an international organisation or institution. It is incumbent on the Cortes Generales or the Government, as the case may be, to guarantee compliance with these treaties and with the resolutions emanating from the international and supranational organisations in which the powers have been vested.

Article 94.

1. Before contracting obligations by means of treaties or agreements, the State shall require the prior authorisation of the Cortes Generales in the following cases:

a) treaties of a political nature; b) treaties or agreements of a military nature; c) treaties or agreements affecting the territorial integrity of the State or the fundamental rights and duties established under Title I; d) treaties or agreements which imply financial liabilities for the Public Treasury; e) treaties or agreements which involve amendment or repeal of some law or require legislative measures for their execution.

1. Congress and the Senate shall be informed forthwith regarding the conclusion of other treaties or agreements.

Article 95.

1. The conclusion of any international treaty containing stipulations contrary to the Constitution shall require prior Constitutional amendment.
2. The Government, or either of the Houses may request the Constitutional Court to declare whether or not there is a contradiction.

Article 96.

1. Validly concluded international treaties, once officially published in Spain, shall form part of the internal legal order. Their provisions may only be repealed, amended or suspended in the manner provided in the treaties themselves or in accordance with the general rules of international law.
2. The same procedure shall be used for denouncing international treaties and agreements as that, provided in Article 94, for entering into them.

PART IV

Government and Administration

Article 97.

The Goverment directs domestic and foreign policy, civil and military administration and the defence of the State. It exercises executive and statutory authority in accordance with the Constitution and the law.

§ 2 The Spanish Constitution

Article 98.

1. The Government consists of the President, Vice-Presidents, when applicable, Ministers and other members as may be created by law.
2. The President directs Government action and coordinates the functions of the other members thereof, without prejudice to the competence and direct responsibility of the latter in carrying out their duties.
3. Members of the Government may not exercise representative functions other than those derived from their Parliamentary mandate, nor any other public function not derived from their office, nor engage in any professional or commercial activity whatsoever.
4. The status and incompatibilities of the members of the Government shall be regulated by law.

Article 99.

1. After renewal of the Congress of Deputies, and in other cases provided under the Constitution, the King, after consultation with the representatives appointed by the political groups with Parliamentary representation, and through the Speaker of Congress, shall nominate a candidate for President of the Government.
2. The candidate nominate in accordance with the provisions of the foregoing paragraph shall submit to the Congress of Deputies the political programme of the Government that he intends to form and shall seek the confidence of the Houses.
3. If the Congress of Deputies, by vote of the absolute majority of its members, invests said candidate with its confidence, the King shall appoint him President. If an absolute majority is not obtained, the same proposal shall be submitted for a new vote forty-eight hours after the previous vote, and it shall be considered that confidence has been secured if it passes by a simple majority.
4. If, after this vote, confidence for the investiture has not been obtained, successive proposals shall be voted upon in the manner provided in the foregoing paragraphs.
5. If within two months after the first vote for investiture no candidate has obtained the confidence of Congress, the King shall dissolve Congress and call new elections, following endorsement by the Speaker of Congress.

Article 100.

The other members of the Government shall be appointed and dismissed by the King on the proposal of the President.

Article 101.

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 102.

1. The President and other members of the Government shall be held criminally liable, should the occasion arise, before the Criminal Section of the Supreme Court.
2. If the charge is of treason or of any offence against the security of the State committed in the exercise of their office, it may only be brought on the initiative of one quarter of the members of Congress and with the approval of the absolute majority thereof.
3. The Royal prerogative of pardon shall not be applicable in any of the cases provided for under the present article.

Article 103.

1. The public Administration serves the general interest with objectivity and acts in accordance with the principles of efficiency, hierarchy, decentralisation, deconcentration and coordination, being fully subject to justice and the law.

§ 2 The Spanish Constitution