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Legislative Power

Citizens elect their representatives through elections with universal, free and secret suffrage every four years. Political parties play a key role in these elections. The representatives of all citizens are the members of the General Courts, that is, the Deputies and Senators. That’s why voting is the main way to influence the country’s politics.

The Cortes Generales represent all citizens, the sovereign power, for this reason they play a central role in the political system. They are formed by two chambers or assemblies with an unequal weight. Its main features are as follows:

  • They give democratic legitimacy to the other powers and institutions: Executive, Judicial and Constitutional Court and propose the appointment of their members.
  • They control the actions of the Government and Administration.
  • They approve the general budgets, that is, expenses that the government can make.
  • Above all, they approve the laws that all institutions and citizens must comply with. The laws reflect public policies, establishing the rights and obligations of all.

Congreso de los DiputadosThe Congress of Deputies or Lower House. It has a greater weight in the functions described. Its 350 deputies are elected by a proportional election system, with a correction that slightly favors the parties with a majority of votes in each province. The lists are closed. Each province elects at least two deputies. The remaining deputies are distributed throughout the provinces according to the population of the provinces. The cities of Ceuta and Melilla have one deputy each.

SenadoThe Senate, the Upper House, is a chamber of territorial representation and second reading, that is, it sees matters a second time. It has less weight or power than Congress in the exercise of the functions of the Cortes Generales. For example, he does not participate in the appointment of the President of the Government; in the approval of the laws, his objections can be overcome by Congress fulfilling special requirements of majorities and deadlines. Its functions pay more attention to issues related to the Autonomous Communities (regions).

Its members the Senators are 259. The majority, 208 are elected in each province. The election system is a majority; each ballot paper has the names of several candidates from which it can be chosen. Each province elects 4 senators. 2 the Autonomous Cities. The islands of Gran Canaria, Tenerife and Palma de Mallorca choose 3 each groupings of other islands one.

A smaller number of senators 51 are elected by the different Autonomous Communities (regions) specifically by their parliaments. Each Autonomous Community elects one Senator and they can elect one more Senator for every million inhabitants.

The General Courts are assisted by two institutions of their own, the Ombudsman and the Court of Auditors.

Its members are appointed by the Cortes Generales by particularly large majorities. These institutions supervise the Governments and Administrations of the State, Autonomous Communities and Local Authorities.

Defensor del Pueblo
The Ombudsman guarantees respect for fundamental rights and echoes complaints about the malfunctioning of administrations.

The Court of Auditors controls the finances and budget of the administrations. It conducts prosecutions in the area of accounting and auditing of public accounts.

Some Autonomous Communities have similar institutions for their respective areas.

Access to Ombudsman and the Court of Auditors