An Organic Law (Spanish: Ley Orgánica) in Spanish law under the present Spanish Constitution of 1978 must be passed by an absolute majority of the Congress of Deputies (not merely a majority of those voting). The Spanish Constitution specifies that some areas of law should be regulated by this procedure, such as the Laws of Development of Fundamental Rights and Freedoms contained in the first section of Chapter Two of Title I of the Constitution, which was the basis for the Statutes of Autonomy of the various autonomous communities of Spain. Prior to the 1978 constitution this concept had no precedent in Spain, but was inspired by a similar concept in the current French Constitution of 1958, which established the French Fifth Republic.
Juridically, organic laws are at the same level as ordinary laws. The difference between the two is in the more restrictive process for creating organic laws and in the matters that they regulate.
Definition and application
Article 81.1 of the Spanish Constitution says: "Organic laws are those related to the development of fundamental rights and public liberties, those that approve Statutes of Autonomy and the general electoral regime, and others foreseen in the Constitution."
In compliance with this, Organic Laws include the following:
Those that develop the fundamental rights and public liberties mentioned in Articles 15–29 of the Constitution). An example is the Organic Law of Education (Spanish:Ley Orgánica de Educación) that expands upon Article 27 of the Constitution.
Statutes of Autonomy. An example is the revised Statute of Autonomy of Andalusia, Ley Orgánica 2/2007, adopted 19 March 2007.
The general electoral regime, currently (as of 2009) regulated by Ley Orgánica 5/1985, adopted 19 June 1985.
"…others foreseen in the Constitution." There are a number of matters in the Constitution that presume development by laws. In some cases it is explicit that these are to be developed by Organic Law. For example:
The basis of military organization (Article 8.2)
The institution of the Defensor del Pueblo (literally "Defender of the Public"), a type of ombudsman (Article 54)
Suspension of the rights recognized in Articles 17.2, 18.2 and 18.3 in relation to investigations related to the activities of armed groups or terrorist elements (Article 55.2)
Abdications and renunciations and any doubt of fact or right that occurs in the line of succession of the throne of Spain (Article 57.5)
Regulation of the direct election of Senators (Article 69.)
Ley Orgánica 5/1985 (19 June 1985), of the general election regime (Ley Orgánica del Régimen Electoral General, LOREG
Forms of exercise and requirements for popular initiative for the presentation of propositions of law (Article 87.3)
The conditions and procedure for the several modalities of referendum foreseen in the Constitution (Article 92.3)
Authorization of treaties under which an international organization or institution can exercise competencies derived from the Constitution (Article 93)
Functions, basic principles of activity and statutes of security and police forces (Article 104.2)
Composition and competency of the Council of State (Consejo de Estado) (Article 107)
Regulation of states of emergency—the Spanish constitution distinguishes a state of alarm, a state of exception, and a state of siege—and the corresponding competencies and limitations (Article 116.1)
Constitution, functioning and governing of Courts and Tribunals, and the legal status of judges and magistrates and staff for the administration of justice (Article 122.1)
The statute of the General Council of the Judicial Power and the regime of incompatibilities of its members and their functions, in particular the matters of appointment, ascent, inspection and disciplinary regime (Article 122)
Regulation of the naming of the twelve members of the General Council of the Judicial Power who are not named by proposal by the Congress and Senate (art. 122.3)
Composition, organization and functions of the Court of Accounts (Article 136.4)
Alteration of provincial borders (Article 141.1)
Authorization for the constitution of uniprovincial autonomous communities [that is, cases where a single province constitutes an autonomous community] that do not meet the conditions of Article 143.1 (Article 144 a)
Authorization or accord of statutes of autonomy for territories that are not integrated into the organization of provinces (Article 144 b)
Substitution of the initiative of local corporations referred to in Article 143.2 (Article 144 c)
Reform of statutes of autonomy (Article 147.3)
Regulation of the coordination and other faculties of the autonomous communities in relation to local police (Article 148.1.22)
Creation of police forces for the autonomous communities in the form established in their respective Statutes [of autonomy] (Article 149.1.29)
Transfer or delegation of state competencies [that is, those of Spain itself] to the autonomous communities (Article 150.2)
Regulation of the referendum foreseen in Article 151.1 (Article 151.1)
Regulation for the possibility that in case of the failure to approve a project of a Statute [of autonomy] by one or several provinces via referendum, the other [provinces of that proposed autonomous community] can constitute an autonomous community (Article 151.5)
Exercise of the financial competencies enumerated in Article 157.1, the norms to resolve conflicts that may arise and the possible forms of financial collaboration between the Autonomous Communities and the State (Article 157.3)
Competency of the Constitutional Court of Spain (Article 161.1.d)
Determination of the persons and organs legitimated before the Constitutional Court (Article 162.2)
Functioning of the Constitutional Court, the statute of its members, the procedure before the same, and the conditions for the exercise of its actions (Article 165)
Organic Law 1/2004 (28 December 2004) on Comprehensive Protection Measures against Gender Violence
The Constitution, in Article 81.2, says: "The approval, modification or derogation of organic laws requires an absolute majority of the Congress, in a final vote over the entire project." That is to say, an organic law is presented as a project (by the government) or as a proposition of law (by the Cortes Generales) and must follow the same parliamentary procedures as an ordinary law. As the Constitution indicates, the principal difference in the process is that the Congress of Deputies must make a final vote, at the end of the entire process, where the law must obtain an absolute majority to be approved; for ordinary laws, this final vote is not required.
Article 87 of the Constitution establishes who may take legislative initiative to put a project or proposal of law (whether organic or ordinary) before the Cortes. Article 87.3 says, "An organic law will regulate the forms of exercise and requisites for a popular initiative for the presentation of propositions of law. In all cases, no fewer that 500,000 accredited signatures will be required. There shall be no such initiative in matters proper to organic law, treaties or laws of international character, nor in relation to the prerogative of mercy." Therefore, the government, the Congress, the Senate and the legislative assemblies of the autonomous communities can initiate the legislative processes that lead to the approval of an organic law (Articles 87.1 and 87.2); in contrast, popular initiatives are not permitted in this area.
In its more than 25 years existence, the Constitutional Court of Spain has made a particularly restrictive interpretation of the matters susceptible to regulation by organic law. The relation of organic law with ordinary law is not a hierarchical relationship but one of competency (scope).
