Constitucion Española, Apuntes de Administración de Empresas

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Passed by the Cortes Generales in Plenary sittings of the Congress and the Senate held on October 31, 1978; ratified by referendum of the Spanish people on December 7, 1978 and sanctioned by His Majesty the King before the Cortes Generales on December 27, 1978.

Modified by the Cortes Generales in the Plenary sittings of the Congress held on July 22, 1992 and of the Senate held on July 30, 1992 and sanctioned by His Majesty the King on August 27, 1992.

SYSTEMATIC INDEX

 PREAMBLE  PRELIMINARY TITLE (sec. 1 to 9)  PART I. Fundamental Rights and Duties (sec. 10) N CHAPTER 1. Spaniards and Aliens (sec. 11 to 13) N CHAPTER 2. Rights and Freedoms (sec. 14)  Division 1. Fundamental Rights and Public Freedoms (sec. 15 to 29)  Division 2. Rights and Duties of Citizens (sec. 30 to 38) N CHAPTER 3. Principles governing Economic and Social Policy (sec. 39 to 52) N CHAPTER 4. Guarantees of Fundamental Rights and Freedoms (sec. 53 to 54) N CHAPTER 5. Suspension of Rights and Freedoms (sec. 55)  PART II. The Crown (sec. 56 to 65)  PART III. The Cortes Generales N CHAPTER 1. Houses of Parliament (sec. 66 to 80) N CHAPTER 2. Drafting of Bills (sec. 81 to 92) N CHAPTER 3. International Treaties (sec. 93 to 96)  PART IV. Government and Administration (sec. 97 to 107)  PART V. Relations between the Government and the Cortes Generales (sec. 108 to

 PART VI. Judicial Power (sec. 117 to 127)  PART VII. Economy and Finance (sec. 128 to 136)  PART VIII. Territorial Organization of the State N CHAPTER 1. General Principles (sec. 137 to 139) N CHAPTER 2. Local Government (sec. 140 to 142) N CHAPTER 3. Self-governing Communities (sec. 143 to 158)  PART IX. The Constitutional Court (sec. 159 to 165)  PART X. Constitutional Amendment (sec. 166 to 169)  ADDITIONAL PROVISIONS (one to four)  TRANSITIONAL PROVISIONS (one to nine)  REPEALS  FINAL PROVISION

Section 3

(1) Castilian is the official Spanish language of the State. All Spaniards have the duty to know it and the right to use it.

(2) The other Spanish languages shall also be official in the respective Self- governing Communities in accordance with their Statutes.

(3) The richness of the different linguistic modalities of Spain is a cultural heritage which shall be specially respected and protected.

Section 4

(1) The flag of Spain consists of three horizontal stripes: red, yellow and red, the yellow strip being twice as wide as each red stripe.

(2) The Statutes may recognize flags and ensigns of the Self-governing Communities. These shall be used together with the flag of Spain on their public buildings and in their official ceremonies.

Section 5

The capital of the State is the city of Madrid.

Section 6

Political parties are the expression of political pluralism, they contribute to the formation and expression of the will of the people and are an essential 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 their functioning must be democratic.

Section 7

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 free in so far as they respect the Constitution and the law. Their internal structure and their functioning must be democratic.

Section 8

(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 Act in accordance with the principles of the present Constitution.

Section 9

(1) Citizens and public authorities are bound by the Constitution and all other legal previsions.

(2) It is the responsibility of the public authorities to promote conditions ensuring that freedom and equality of individuals and of the groups to which they belong are real and effective, to remove the obstacles preventing or hindering their full enjoyment, and to facilitate the participation of all citizens in political, economic, cultural and social life.

(3) The Constitution guarantees the principle of legality, the hierarchy of legal provisions, the publicity of legal statutes, the non-retroactivity of punitive provisions that are not favourable to or restrictive of individual rights, the certainty that the rule of law shall prevail, the accountability of public authorities, and the prohibition of arbitrary action of public authorities.

PART I

Fundamental Rights and Duties

Section 10

(1) The dignity of the person, the inviolable rights which are inherent, 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) Provisions relating to the fundamental rights and liberties recognized by the Constitution shall be construed in conformity with the Universal Declaration of Human Rights and international treaties and agreements thereon ratified by Spain.

CHAPTER 1

Spaniards and Aliens

Section 11

(1) Spanish nationality shall be acquired, retained and lost in accordance with the provisions of the law.

(2) No person of Spanish birth 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 naturalized without losing their nationality of origin, even if those countries do not grant a reciprocal right to their own citizens.

Section 12

Spaniards come legally of age at eighteen years.

Section 13

(1) Aliens in Spain shall enjoy the public freedoms guaranteed by the present Part, under the terms to be laid down by treaties and the law.

Section 17

(1) Every person has the right to freedom and security. No one may be deprived of his or her freedom except in accordance with the provisions of this section and in the cases and in the manner provided for by the law.

(2) Preventive arrest may last no longer than the time strictly necessary in order to carry out the investigations aimed at establishing the events; 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) Every person arrested must be informed immediately, and in a way 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 to be laid down by the law.

(4) An habeas corpus procedure shall be provided for by law in order to ensure the immediate handing over to the judicial authorities of any person illegally arrested. Likewise, the maximum period of provisional imprisonment shall be determined by law.

Section 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 householder or a legal warrant, except in cases of flagrante delicto.

(3) Secrecy of communications is guaranteed, particularly regarding postal, telegraphic and telephonic communications, except in the event of a court order.

(4) The law shall restrict the use of data processing in order to guarantee the honour and personal and family privacy of citizens and the full exercise of their rights.

Section 19

Spaniards have the right to freely choose their place of residence, and to freely move about 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.

Section 20

(1) The following rights are recognized and protected:

a) the right to freely express and spread thoughts, ideas and opinions through words, in writing or by any other means of reproduction; b) the right to literary, artistic, scientific and technical production and creation; c) the right to academic freedom;

d) the right to freely communicate or receive truthful information by any means of dissemination whatsoever. The law shall regulate the right to the clause of conscience and professional secrecy in the exercise of these freedoms.

(2) The exercise of these rights may not be restricted by any form of prior censorship.

(3) The law shall regulate the organization and parliamentary control of the masscommunication means under the control of the State or any public agency and shall guarantee access to such means by the significant social and political groups, respecting the pluralism of society and of the various languages of Spain.

(4) These freedoms are limited by respect for the rights recognized in this Part, by the legal provisions implementing it, and especially by the right to honour, to privacy, to the own image and to the protection of youth and childhood.

(5) The seizure of publications, recordings and other means of information may only be carried out by means of a court order.

Section 21

(1) The right to peaceful unarmed assembly is granted. The exercise of this right shall not require prior authorization.

(2) In the case of meetings in public places and of demonstrations, prior notification shall be given to the authorities, who can only forbid them when there are well founded grounds to expect a breach of public order, involving danger to persons or property.

Section 22

(1) The right of association is granted.

(2) Associations which pursue ends or use means legally defined as criminal offences are illegal.

(3) Associations set up on the basis of this section must be entered in a register for the sole purpose of public knowledge.

(4) Associations may only be dissolved or have their activities suspended by virtue of a court order stating the reasons for it.

(5) Secret and paramilitary associations are prohibited.

Section 23

(1) Citizens have the right to participate in public affairs, directly or through representatives freely elected in periodic elections by universal suffrage.

(2) They also have the right to accede under conditions of equality to public functions and positions, in accordance with the requirements laid down by the law.

(5) The public authorities guarantee the right of all to education, through general education programming, with the effective participation of all sectors concerned and the setting-up of educational centres.

(6) The right of individuals and legal entities to set up educational centres is recognized, provided they respect constitutional principles.

(7) Teachers, parents and, when appropriate, pupils shall participate in the control and management of all centres supported by the Administration out of public funds, under the terms established by the law.

(8) The public authorities shall inspect and standardize the educational system in order to ensure compliance with the laws.

(9) The public authorities shall help the educational centres which meet the requirements established by the law.

(10) The autonomy of Universities is recognized, under the terms established by the law.

Section 28

(1) All have the right to freely join a trade union. The law may restrict or except the exercise of this right in the Armed Forces or Institutes or other bodies subject to military discipline, and shall lay down 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 trade unions to form confederations and to found international trade union organizations, 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 recognized. The law governing the exercise of this right shall establish the safeguards necessary to ensure the maintenance of essential public services.

Section 29

(1) All Spaniards shall have the right to individual and collective petition, in writing, in the manner and subject to the consequences to be laid down by law.

(2) Members of the Armed Forces or Institutes or bodies subject to military discipline may only exercise this right individually and in accordance with statutory provisions relating to them.

DIVISION 2

Rights and Duties of Citizens

Section 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 all due guarantees, conscientious objection as well as other grounds for exemption from compulsory military service; it may also, when appropriate, impose a community service in place of military service.

(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 serious risk, catastrophe or public calamity may be regulated by law.

Section 31

(1) Everyone shall contribute to sustain public expenditure according to their economic capacity, through a fair tax system based on the principles of equality and progressive taxation, which in no case shall be of a confiscatory scope.

(2) Public expenditure shall make an equitable allocation of public resources, and its programming 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.

Section 32

(1) Man and woman have the right to marry with full legal equality.

(2) The law shall make provision for the forms of marriage, the age and capacity for concluding it, the rights and duties of the spouses, the grounds for separation and dissolution, and their effects.

Section 33

(1) The right to private property and inheritance is recognized.

(2) The social function of these rights shall determine the limits of their content 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 law.

Section 34

(1) The right to set up foundations for purposes of general interest is recognized in accordance with the law.

(2) The provisions of subsections 2 and 4 of section 22 shall also be applicable to foundations.

Section 40

(1) The public authorities shall promote favourable conditions for social and economic progress and for a more equitable distribution of regional and personal income within the framework of a policy of economic stability. They shall in particular carry out a policy aimed at full employment.

(2) Likewise, the public authorities shall promote a policy guaranteeing professional training and retraining; they shall ensure labour safety and hygiene and shall provide for the need of rest by limiting the duration of working day, by periodic paid holidays, and by promoting suitable centres.

Section 41

The public authorities shall maintain a public Social Security system for all citizens guaranteeing adequate social assistance and benefits in situations of hardship, especially in case of unemployment. Supplementary assistance and benefits shall be optional.

Section 42

The State shall be especially concerned with safeguarding the economic and social rights of Spanish workers abroad, and shall direct its policy towards their return.

Section 43

(1) The right to health protection is recognized.

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

(3) The public authorities shall foster health education, physical education and sports. Likewise, they shall encourage the proper use of leisure time.

Section 44

(1) The public authorities shall promote and watch over access to culture, to which all are entitled.

(2) The public authorities shall promote science and scientific and technical research for the benefit of the general interest.

Section 45

(1) Everyone has the right to enjoy an environment suitable for the development of the person, as well as the duty to preserve it.

(2) The public authorities shall watch over a 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 an indispensable collective solidarity.

(3) For those who break the provisions contained in the foregoing paragraph, criminal or, where applicable, administrative sanctions shall be imposed, under the terms established by the law, and they shall be obliged to repair the damage caused.

Section 46

The public authorities shall guarantee the preservation and promote the enrichment of the historical, cultural and artistic heritage of the peoples of Spain and of the property of which it consists, regardless of their legal status and their ownership. The criminal law shall punish any offences against this heritage.

Section 47

All Spaniards have the right to enjoy decent and adequate housing. The public authorities shall promote the necessary conditions and 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 have a share in the benefits accruing from the town-planning policies of public bodies.

Section 48

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

Section 49

The public authorities shall carry out a policy of preventive care, treatment, rehabilitation and integration of the physically, sensorially and mentally handicapped by giving them the specialized care they require, and affording them special protection for the enjoyment of the rights granted by this Part to all citizens.

Section 50

The public authorities shall guarantee, through adequate and periodically updated pensions, a sufficient income for citizens in old age. Likewise, and without prejudice to the obligations of the families, they shall promote their welfare through a system of social services that provides for their specific problems of health, housing, culture and leisure.

Section 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 economic interests.

(2) The public authorities shall promote the information and education of consumers and users, foster their organizations, and hear them on those matters affecting their members, under the terms established by law.

(3) Within the framework of the provisions of the foregoing paragraphs, the law shall regulate domestic trade and the system of licensing commercial products.

Section 52

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

Unwarranted or abusive use of the powers recognized in the foregoing organic act shall give rise to criminal liability as a violation of the rights and freedoms recognized by the laws.

PART II

The Crown

Section 56

(1) The King is the Head of State, the symbol of its unity and permanence. He arbitrates and moderates the regular functioning of the institutions, assumes the highest representation of the Spanish State in international relations, especially with the nations of its historical community, and exercises the functions expressly conferred on him by the Constitution and the laws.

(2) His title is that of King of Spain, and he may use the other titles appertaining to the Crown.

(3) The person of the King is inviolable and shall not be held accountable. His acts shall always be countersigned in the manner established in section 64. Without such countersignature they shall not be valid, except as provided under section 65(2).

Section 57

(1) The Crown of Spain shall be inherited by the successors of H. M. Juan Carlos I de Borbón, the legitimate heir of the historic dynasty. Succession to the throne shall follow the regular order of primogeniture and representation, the first line always having preference over subsequent lines; within the same line, the closer grade over the more remote; within the same grade, the male over the female, and in the same sex, the elder over the younger.

(2) The Crown Prince, from his birth or from the time he acquires the claim, shall hold the title of Prince of Asturias and the other titles traditionally held by the heir to the Crown of Spain.

(3) Should all the lines designated by law become extinct, the Cortes Generales shall provide for succession to the Crown in the manner most suitable to the interests of Spain.

(4) Those persons with a right of succession to the throne who marry against the express prohibition of the King and the Cortes Generales, shall be excluded from succession to the Crown, as shall their descendants.

(5) Abdications and renunciations and any doubt in fact or in law that may arise in connection with the succession to the Crown shall be settled by an organic act.

Section 58

The Queen consort, or the consort of the Queen, may not assume any constitutional functions, except in accordance with the provisions for the Regency.

Section 59

(1) In the event of the King being under age, the King's father or mother or, in default thereof, the oldest relative of legal age who is nearest in succession to the Crown, according to the order established in the Constitution, shall immediately assume the office of Regent, which shall exercise during the King's minority.

(2) If the King becomes unfit for the exercise of his authority, and this incapacity is recognized by the Cortes Generales, the Crown Prince shall immediately assume the Regency, if he is of age. If he is not, the procedure outlined in the foregoing paragraph shall apply until the coming of age of the Crown Prince.

(3) If there is no person entitled to assume the Regency, it shall be appointed by the Cortes Generales and shall be composed of one, three or five persons.

(4) In order to exercise the Regency, it is necessary to be Spaniard and legally of age.

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

Section 60

(1) The guardian of the King during his minority shall be the person appointed in the will of the deceased King, provided that he or she is of age and Spaniard by birth. If a guardian has not been appointed, the father or the mother shall be guardian, as long as they remain widowed. 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 direct ancestors of the King.

(2) Exercise of the guardianship is also incompatible with the holding of any office or political representation.

Section 61

(1) The King, on being proclaimed before the Cortes Generales, will swear to faithfully carry out his duties, to obey the Constitution and the laws and ensure that they are obeyed, and to respect the rights of citizens and the Self-governing Communities.

(2) The Crown Prince, on coming of age, and the Regent or Regents, on assuming office, will swear the same oath as well as that of loyalty to the King.

Section 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 for elections under the terms provided for in the Constitution.

c) To call for a referendum in the cases provided for in the Constitution.

PART III

The Cortes Generales CHAPTER 1 Houses of Parliament

Section 66

(1) The Cortes Generales represent the Spanish people and shall consist of the Congress and the Senate.

(2) The Cortes Generales exercise the legislative power of the State and adopt its Budget, control the action of the Government and have the other competences assigned by the Constitution.

(3) The Cortes Generales are inviolable. (Senate Standing Orders, section 38)

Section 67

(1) No one may be a member of both Houses simultaneously, or be a representative in the Assembly of a Self-governing Community and a Member of Congress at the same time.

(2) Members of the Cortes Generales shall not be bound by any 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 nor enjoy their privileges. (Senate Standing Orders, sections 37.2 and 3; 48 and 61.1)

Section 68

(1) The Congress shall consist of a minimum of three hundred and a maximum of four hundred Members, elected by universal, free, equal, direct and secret suffrage, under the terms to be laid down by the law.

(2) The electoral constituency is the province. The cities of Ceuta and Melilla shall be represented by one Member each. The total number of Members shall be distributed in accordance with the law, each constituency being allotted a minimum initial representation and the remainder being distributed in proportion to the population.

(3) The election in each constituency shall be conducted on the basis of proportional representation.

(4) The Congress is elected for four years. The term of office of Members thereof ends four years after their election or on the day on which the Congress is dissolved.

(5) All Spaniards entitled to the full exercise of their political rights shall be electors and may be elected. The law shall recognize and the State shall facilitate the exercise of the right of vote by 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.

Section 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 to be laid down by an organic act.

(3) In the insular provinces, each island or group of islands with a Cabildo or insular Council shall be a constituency for the purpose of electing Senators; there shall be three Senators for each of the major islands --Gran Canaria, Mallorca and Tenerife-- and one for each of the following islands or groups of islands: Ibiza- Formentera, Menorca, Fuerteventura, Gomera, Hierro, Lanzarote and La Palma.

(4) The cities of Ceuta and Melilla shall elect two Senators each.

(5) The Self-governing Communities shall, in addition, appoint one Senator and a further Senator for every million inhabitants in their respective territories. The appointment shall be incumbent upon the Legislative Assembly or, in default thereof, upon the Self-governing Community's highest corporate body as provided for by its Statute which shall, in any case, guarantee adequate proportional representation. (Senate Standing Orders, section 56.bis 1)

(6) The Senate is elected for four years. The Senators' term of office shall end four years after their election or on the day on which the House is dissolved. (Senate Standing Orders, sections 1, 18, 46 and first additional provision)

Section 70

(1) The Electoral Act shall establish grounds for ineligibility and incompatibility for Members of Congress and Senators, which shall in any case include those who are: (Senate Standing Orders, section 16.1) a) Members of the Constitutional Court. b) High officers of the State Administration as laid down by law, with the exception of the members of the Government. c) The Defender of the People. d) Magistrates, Judges and Public Prosecutors when in office. e) Professional soldiers and members of the Security and Police Forces and Corps in active service.