Senate of Spain

Senate of Spain
Senado de España
IX Legislature
Type
Founded 1837 (discontinued 1923-1977)
Type Upper house
Leadership
President Pio Garcia Escudero, (PP)
since 2 April 2004
First Vice President Juan José Lucas Giménez, (PP)
Second Vice President Yolanda Vicente, (PSOE)
Structure
Members 264
Political groups PP, PSOE, ECP, CiU, Mixto
Meeting place
Palacio del Senado
Centro, Madrid
Kingdom of Spain
Website
www.senado.es

The Senate of Spain (Spanish: Senado de España) is the upper house of Spain's parliament, the Cortes Generales. It is made up of 264 members: 208 elected by popular vote, and 56 appointed by the regional legislatures. All senators serve four-year terms, though regional legislatures may recall their appointees at any time.

The last election was held on 20 November 2011. The composition of the 10th Senate, which cannot serve beyond 2015, is:

Political party/group Elected Appointed Total
   People's Party 136 29 165
   Spanish Socialist Workers' Party 48 17 65
   Entesa Catalana de Progrés (PSC, ICV, EUiA) 7 3 10
   Convergence and Union 9 4 13
   Basque Nationalist Party 4 1 5
   Others - Mixed Group 4 4 8
Total 208 58 266

Contents

History

Spanish Senate was instituted by the Constitution of 1837 under the Regency of Maria Christina of the Two Sicilies. It remained under the regime of the Constituions of 1845, 1856, 1869 and 1876. It was composed at that latter time of three main categories; Senators by their own right, Senators for life and Senators elected. This chamber was supressed after the Coup of General Miguel Primo de Rivera in 1923.

Only after the Transicion in 1978 was again re-instituted.

Organization

Senators form groups along party lines. Parties with fewer than ten Senators form the Mixed Group. If the membership of an existing group falls below six during a session, it is merged into the Mixed Group at the next session. For example, Coalición Canaria lost its Senate caucus in 2008 after electoral losses reduced its group from six to two. The Basque Nationalist Party, falling from seven to four, "borrowed" Senators from the ruling Socialist Party to form their group; in exchange, they supported the election of socialist Javier Rojo as President of the Senate. The PNV group is again under threshold after returning the borrowed Socialists, and it faces dissolution after the current session.

Legally, 133 seats are required for absolute majority, vacant seats notwithstanding.

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Elections to the Senate

To date, Senate elections have coincided with elections to the lower house, but the President of the Government (i.e., Prime Minister) may legally advise the King to call elections for one chamber only under article 115 of Spanish Constitution. While the Congress of Deputies is chosen by party list proportional representation, the members of the Senate are chosen in two distinct ways: popular election by partial block voting and appointment from regional legislatures.

Directly elected members

Most members of the Senate (currently 208 of 264) are directly elected by the people. Each province elects four senators without regard to population. Insular provinces are treated specially. The larger islands of the Balearics (Baleares) and Canaries (Canarias) - Majorca, Gran Canaria, and Tenerife - are assigned three seats each, and the smaller islands - Minorca, Ibiza-Formentera, Fuerteventura, Gomera, Hierro, Lanzarote and La Palma - one each; Ceuta and Melilla are assigned two seats each. This allocation is heavily weighted in favor of small provinces; Madrid, with roughly 6 million people, and Soria, with 100,000 inhabitants, are each represented by four senators.

In non-insular constituencies, each party nominates three candidates. Candidates' names are organized in columns by party and sorted alphabetically by surname within party on a large (DIN A3 or larger) ochre-colored ballot called a sábana or bedsheet.

Each voter may mark up to three candidates' names, from any party. This is the only occasion when Spanish voters vote for individuals rather than a party list. Typically voters cast all three votes for candidates of a single party. As a result, the four Senators are usually three candidates from the most popular party and one from the next most popular. When voters divide votes among parties, the alphabetical layout of the ballot paper favors surnames early in the alphabet.

Regional legislatures-appointed members

Article 69.5 of the Spanish Constitution empowers the legislative assembly of each autonomous community of Spain to appoint a Senate delegation from its own ranks, with one Senator per one million citizens, rounded up. Demographic growth increased the combined size of the regional delegations from 51 to 56 in 2008 for the 9th term.

Conventionally, the proportions of the regional delegations mimic their legislative assemblies, as required in principle by Article 69.5 of the Constitution. However, Autonomous Communities have considerable leeway, and motion to appoint the delegation often requires no more than a plurality. Two anomalous examples are:

Due to population growth, Andalusia, the Balearic and Canary Islands, Catalonia, and Madrid each gained a new Senator in 2008. Andalusia was the last Autonomous Community to allocate its new seat; it rebuilt its entire delegation after its 2008 regional elections. The current distribution is:

Autonomous Community Population (2007) Senators Distribution[1]
Andalusia 8,059,461 9               

           

Aragón 1,296,655 2      
Asturias 1,074,862 2      
Balearic Islands 1,030,650 2      
Canary Islands 2,025,951 3         
Cantabria 572,824 1   
Castilla - La Mancha 1,977,304 2      
Castilla y León 2,528,417 3         
Catalonia 7,210,508 8            

           

Valencian Community 4,885,029 5               [2]
Extremadura 1,089,990 2      
Galicia 2,772,533 3         
Madrid 6,081,689 7            

        

Murcia 1,392,117 2      
Navarre 605,876 1   
Basque Country 2,141,860 3         
La Rioja 308,968 1   
Total 45.200.737 56 Source: [1]

Role

The Spanish parliamentary system is bicameral but asymmetric. The Congress of Deputies has more independent functions, and it can also override most Senate measures. Only the Congress can grant or revoke confidence to a Prime Minister. In the ordinary lawmaking process, either house may be the initiator, and the Senate can amend hostilly or veto, the proposal then being sent back to the lower house, which can override those objections by an absolute majority vote. The process for constitutional amendments is slightly more tangled: the rule is to require three fifths (60%) of both houses, but if the Senate does not achieve such supermajority and a mixed Congress-Senate committee fails to resolve the issues, Congress may force the amendment through with a two-thirds vote as long as the absolute majority of the Senate was in favour.

On the other hand, the Senate has reserved functions in and of itself in the appointment of constitutional posts, such as judges of the Constitutional Court or the members of the General Council of the Judicial Power. Although it has never exercised its authority, the Senate is solely responsible for disciplining regional presidents (article 155 of the Spanish Constitution). Only the Senate can suspend local governments. (Local Regime Framework Act article 61.[3]) It exercised this power in April 2006, dissolving the Marbella city council when most of its members were found to have engaged in corrupt practices.

Senate reform has been a topic of discussion since the early days of Spanish democracy. One proposal would advance the federalization of Spain by remaking the Senate to represent the autonomous communities of Spain.

Presidents of the Spanish Senate

Term President From To Constituency Political party
Constituent
1977-1979
Antonio Fontan Pérez July 13, 1977 January 2, 1979 Seville UCD
I
1979-1982
Cecilio Valverde Mazuelas April 27, 1979 August 31, 1982 Córdoba
II
1982-1986
José Federico de Carvajal Pérez November 18, 1982 April 23, 1986 Madrid PSOE
III
1986-1989
July 15, 1986 September 2, 1989
IV
1989-1993
Juan José Laborda Martín November 21, 1989 April 12, 1993 Burgos
V
1993-1996
June 29, 1993 January 9, 1996
VI
1996-2000
Juan Ignacio Barrero Valverde March 27, 1996 February 8, 1999 Badajoz PP
Esperanza Aguirre Gil de Biedma February 8, 1999 January 18, 2000 Madrid
VII
2000-2004
April 5, 2000 October 21, 2002
Juan José Lucas Giménez October 22, 2002 January 20, 2004
VIII
2004-2008
Francisco Javier Rojo García April 2, 2004 January 15, 2008 Álava PSE-EE
IX
2008-2012
April 1, 2008 Incumbent

Term expires in 2012

References

  1. ^ Seats in lighter colors are "presumptive": the involved regional legislatures have not yet decided the required appointments. The distribution shown assumes such decisions to keep the Senate representation of the community roughly proportional to its legislature composition.
  2. ^ "EL PP obliga a Leire Pajín a someterse a un 'examen' en las Cortes para ser senadora" (in Spanish). El Mundo. http://www.elmundo.es/elmundo/2009/10/06/valencia/1254824568.html. Retrieved 2009-10-14. 
  3. ^ (Spanish)Spanish Official Gazette: Local Regime Framework Act (Law 7/1985)

See also

External links