The Senate, together with the Congress of Deputies, constitutes the General Courts of Spain, which hold the legislative power of the state and represent the Spanish populace. It serves as the chamber of territorial representation, with elections held every four years or sooner if the chamber is dissolved.
Composition of the Senate
The number of senators is not fixed and can vary with each legislature based on the population of the different autonomous communities. Some senators are directly elected by citizens, while others are appointed by the autonomous communities.
Senators Elected
- According to the 1978 Constitution, voters in each province, regardless of population, elect four senators through universal, free, equal, direct, and secret suffrage.
- In the case of the Balearic and Canary Islands, each island or grouping constitutes a constituency for election purposes. Major islands like Gran Canaria, Mallorca, and Tenerife elect three senators each, while smaller islands elect one senator each.
- Ceuta and Melilla each elect two senators.
Senators Designated
Autonomous communities also appoint one fixed senator and additional senators based on their population, with one additional senator for every million inhabitants.
The Senate is elected for a term of four years, which concludes either four years after election or on the day of the chamber's dissolution.
Convocation and Constitution of the Senate
Following the election results, the Senate holds a constitutive session where all senators swear or promise to uphold the Constitution. During this session, senators elect the president of the chamber by absolute majority in a secret vote. If no candidate achieves this majority in the first round, a second vote occurs between the two candidates with the highest votes.
Subsequently, senators elect the members of the Senate Board, which consists of the president, two vice presidents, and four secretaries. Once constituted, the president officially informs the King, the Congress of Deputies, the Government, and the Legislative Assemblies of the Autonomous Communities.
Organization and Functioning of the Senate
The Senate operates both in plenary sessions and through committees. The plenary is the supreme decision-making body but can delegate the approval of projects or legislative proposals to permanent legislative committees.
Key Bodies
- Plenary: Comprises all senators and addresses the most significant issues, having the final say in debates and approvals.
- Presidency: The president represents the chamber, convenes and presides over plenary sessions, directs debates, maintains order, and interprets the chamber's regulations.
- Board: The governing body of the chamber, responsible for qualifying parliamentary documents and determining the calendar of activities.
- Spokespersons' Board: Composed of the president and spokespersons of parliamentary groups, it assists in setting the calendar and agenda for plenary sessions.
- Permanent Deputation: Oversees the chamber's powers between sessions and can convene extraordinary sessions.
- Committees: Basic working bodies made up of senators proportional to the representation of each parliamentary group, which can form subcommittees for specific tasks.
Senate Sessions
The Senate meets in plenary and committee sessions, as outlined in Article 75 of the Constitution. It convenes annually in two ordinary sessions: from February to June and from September to December, with the possibility of extraordinary sessions at the request of the Government or a majority of senators.
Plenary sessions are held from Tuesday to Thursday and are generally public, unless a majority decides otherwise. Each session lasts a maximum of five hours, while committee meetings occur from Monday to Friday, avoiding overlap with plenary sessions.
Functions of the Senate
Article 66 of the Constitution grants the General Courts, and thus the Senate, three primary functions: legislative power, government oversight, and approval of the General State Budgets.
Legislative Function
The Senate shares legislative initiative with the Congress of Deputies, the Government, the legislative assemblies of autonomous communities, and popular initiatives supported by at least 500,000 citizens.
Government Oversight
Senators can request the appearance of government members to account for their actions, utilizing various procedures such as questions, interpellations, and motions.
Budgetary Function
The Senate reviews and amends the General State Budgets approved by the Congress. It can propose amendments or veto the budgets, which Congress can subsequently reject.
Other Functions
- Integrates territorial representation by authorizing cooperation agreements between autonomous communities.
- Can propose constitutional reforms through a minimum of fifty senators not belonging to the same parliamentary group.
- Participates in the appointment of magistrates to the Constitutional Court and other state bodies.
