Spanish Constitution of 1978: Encyclopedia II - Spanish Constitution of 1978 - Reform

Spanish Constitution of 1978 - Reform

The Spanish Constitution has been reformed once (Article 13.2, Title I) to extend to citizens of the European Union the right to active and passive suffrage (both voting rights and eligibility as candidates) in local elections.

The socialist government of José Luis Rodríguez Zapatero has announced its intention to undertake a major reform of the constitution during its tenure. The proposed modifications would include

1. succession in the monarchy on the basis of age only, and not gender, thus abandoning the traditional Castilian rules set in the Siete Partidas. While the rights of the current heir apparent Felipe, Prince of Asturias, are to be maintained, the goal is to reform before his eventual children are born. This issue has been refreshed when Felipe's wife, Letizia, announced her pregnancy and after the birth of the Infanta Leonor of Spain.
2. an overhaul of the Spanish Senate transforming it into a chamber of territorial representation
3. officially incorporating the European Constitution (should one be approved)
4. listing the names of the existing autonomous communities

The proposal has been met with scepticism from some quarters (notably the main opposition party PP) because some of these reforms affect protected sections of the constitution, which would require strong supermajorities in order to be modified (see below). Furthermore, even an amendment of a non-protected part of the Constitution would require PP agreement, because requires the support of 3/5 of each House, which is 210 votes in the Congress of Deputies and 156 in the Senate. The maximum majority without the PP is 202 votes in the Congress of Deputies and 133 in the Senate.

Spanish Constitution of 1978 - Protected provisions

Title X of the Constitution determines that the approval of a new constitution or the approval of any constitutional amendment affecting the Preliminary Title, or Section I of Capter II of Title I (on Fundamental Rights and Public Liberties) or Title II (on the Crown) --the so-called "protected provisions"-- are subject to a special process that requires (1) that two thirds of each House approve the amendment, (2) that elections are called immediately, (3) that two thirds of each new Houses approves the amendment, and (4) that the amendment is approved by the people in referendum.

It is worth noting that Title X does not include itself among the "protected provisions" and, therefore, at least in theory, it would be possible to first amend Title X to delete this special procedure, and then change the "protected provisions".

Spanish Constitution of 1978 - The reform of the autonomy statutes

The plan conducted by the Basque president Juan José Ibarretxe (known as Ibarretxe Plan) to reform the status of the Basque Country in the Spanish state has been rejected by the Spanish Cortes, on the grounds (among others) that it amounts to an implicit reform of the Constitution.

The People's Party has attempted to reject the admission in Cortes of the 2005 reform of the Autonomy Statute of Catalonia on the grounds that it should be dealt with as a constitutional reform rather than a mere statute reform.

Adapted from the Wikipedia article "Reform", under the G.N U Free Docmentation License. Please also see http://en.wikipedia.org/wiki