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The Senate ( es, Senado) is the
upper house An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restric ...
of the
Cortes Generales The Cortes Generales (; en, Spanish Parliament, lit=General Courts) are the bicameral legislative chambers of Spain, consisting of the Congress of Deputies (the lower house), and the Senate (the upper house). The Congress of Deputies meet ...
, which along with the
Congress of Deputies The Congress of Deputies ( es, link=no, Congreso de los Diputados, italic=unset) is the lower house of the Cortes Generales, Spain's legislative branch. The Congress meets in the Palace of the Parliament () in Madrid. It has 350 members elect ...
– the
lower chamber A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house. Despite its official position "below" the upper house, in many legislatures worldwide, the lower house has come to wield more power or oth ...
– comprises the
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
of the
Kingdom of Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , i ...
. The Senate meets in the Palace of the Senate in
Madrid Madrid ( , ) is the capital and most populous city of Spain. The city has almost 3.4 million inhabitants and a Madrid metropolitan area, metropolitan area population of approximately 6.7 million. It is the Largest cities of the Europ ...
. The composition of the Senate is established in Part III of the Spanish Constitution. The Senate is composed of senators, each of whom represents a
province A province is almost always an administrative division within a country or state. The term derives from the ancient Roman '' provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions ou ...
, an
autonomous city Autonomous city is a type of autonomous administrative division. Argentina The 1994 amendment of the Constitution of Argentina granted Buenos Aires city, previously the federal district of Argentina, the status of autonomous city, to allow its ...
or an
autonomous community eu, autonomia erkidegoa ca, comunitat autònoma gl, comunidade autónoma oc, comunautat autonòma an, comunidat autonoma ast, comunidá autónoma , alt_name = , map = , category = Autonomous administra ...
. Each mainland province, regardless of its population size, is equally represented by four senators; in the insular provinces, the big islands are represented by three senators and the minor islands are represented by a single senator. Likewise, the autonomous cities of
Ceuta Ceuta (, , ; ar, سَبْتَة, Sabtah) is a Spanish autonomous city on the north coast of Africa. Bordered by Morocco, it lies along the boundary between the Mediterranean Sea and the Atlantic Ocean. It is one of several Spanish territorie ...
and Melilla elect two senators each. This direct election results in the election of 208 senators by the citizens. In addition, the regional legislatures also designate their own representatives, one senator for each autonomous community and another for every million residents, resulting in a total of 58 additional senators. The Spanish Senate is constitutionally described as a territorial chamber. Its powers are similar to those of the Congress of Deputies. However, by virtue of its role as a territorial chamber, it is endowed with exceptional powers such as authorising the Government of the Nation to apply direct rule on a region or to dissolve city councils. The presiding officer of the Senate is the President of the Senate, who is elected by the members thereof.


History

The first Spanish Constitution, the
Spanish Constitution of 1812 The Political Constitution of the Spanish Monarchy ( es, link=no, Constitución Política de la Monarquía Española), also known as the Constitution of Cádiz ( es, link=no, Constitución de Cádiz) and as ''La Pepa'', was the first Constitut ...
, established a unicameral legislative, therefore, an upper Chamber did not exist. The Senate was first established under the Royal Statute of 1834 approved by
Queen Regent A regent (from Latin : ruling, governing) is a person appointed to govern a state ''pro tempore'' (Latin: 'for the time being') because the monarch is a minor, absent, incapacitated or unable to discharge the powers and duties of the monarchy, ...
Maria Christina of the Two Sicilies Maria Christina of the Two Sicilies ( it, Maria Cristina Ferdinanda di Borbone, Principessa delle Due Sicilie, es, link=no, María Cristina de Borbón, Princesa de las Dos Sicilias; 27 April 1806 – 22 August 1878) was Queen of Spain from 182 ...
under the denomination of House of Peers but it did not last long and in 1837, under the Constitution of that year, the upper house acquired the denomination of Senate. It remained under the regimes of the constitutions 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 A senator for life is a member of the senate or equivalent upper chamber of a legislature who has life tenure. , six Italian senators out of 206, two out of the 41 Burundian senators, one Congolese senator out of 109, and all members of the Bri ...
and elected senators. This house, along with the Congress of Deputies, was suppressed after the coup of General
Miguel Primo de Rivera Miguel Primo de Rivera y Orbaneja, 2nd Marquess of Estella (8 January 1870 – 16 March 1930), was a dictator, aristocrat, and military officer who served as Prime Minister of Spain from 1923 to 1930 during Spain's Restoration era. He deepl ...
in 1923. After the restoration of democracy during the
Second Spanish Republic The Spanish Republic (), commonly known as the Second Spanish Republic (), was the form of government in Spain from 1931 to 1939. The Republic was proclaimed on 14 April 1931, after the deposition of King Alfonso XIII, and was dissolved on 1 ...
(1931-1939) the new regime opted for a unicameral system, which was continued under the
Francoist dictatorship Francoist Spain ( es, España franquista), or the Francoist dictatorship (), was the period of Spanish history between 1939 and 1975, when Francisco Franco ruled Spain after the Spanish Civil War with the title . After his death in 1975, Sp ...
. Only after the Spanish transition to democracy in 1977 was it re-established.


Role

The Spanish parliamentary system is bicameral but asymmetric. The
Congress of Deputies The Congress of Deputies ( es, link=no, Congreso de los Diputados, italic=unset) is the lower house of the Cortes Generales, Spain's legislative branch. The Congress meets in the Palace of the Parliament () in Madrid. It has 350 members elect ...
has more independent functions, and it can also override most Senate measures. Only the Congress can grant or revoke confidence to the
Prime Minister A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
. In the ordinary lawmaking process, either house may be the initiator, and the Senate can amend hostilely or veto, the proposal then being sent back to the lower house, which can override these objections by an
absolute majority A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a simple majority. Supermajority r ...
vote. Organic laws, which govern basic civil rights and regional devolutions, need an absolute majority of both congress and senate to pass. The process for constitutional amendments is slightly more tangled: the rule is to require a three fifths (60%) of both houses, but if the Senate does not achieve such a supermajority and a joint congress-senate committee fails to resolve the issues, the Congress may force the amendment through with a two-thirds vote as long as an absolute majority of the Senate was in favour. But for some specific types of amendments including those related to most clauses related to human rights, both houses must approve of the amendment by a two thirds vote, and an election must be held and the amendment must pass by a two thirds vote a second time, and if that is approved, the people must vote for the amendment in a referendum by majority vote. On the other hand, the Senate has certain exclusive functions in the appointment of constitutional posts, such as judges of the
Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ...
or the members of the General Council of the Judicial Power. The Senate is solely responsible for disciplining regional presidents (Section 155 of the
Spanish Constitution The Spanish Constitution (Spanish, Asturleonese, and gl, Constitución Española; eu, Espainiako Konstituzioa; ca, Constitució Espanyola; oc, Constitucion espanhòla) is the democratic law that is supreme in the Kingdom of Spain. It was e ...
). Only the Senate can suspend local governments ( Local Regime Framework Act, Section 61. Spanish Official Gazette
Local Regime Framework Act (Law 7/1985)
/ref>). 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 Corrupt practices in English election law includes bribery, treating, undue influence, personation, and aiding, abetting, counselling and procuring personation. English election law Corrupt practices were created in United Kingdom common l ...
. On Friday, October 26, 2017, the Senate voted 214 to 47 to invoke Section 155 of the Spanish Constitution over the region of
Catalonia Catalonia (; ca, Catalunya ; Aranese Occitan: ''Catalonha'' ; es, Cataluña ) is an autonomous community of Spain, designated as a '' nationality'' by its Statute of Autonomy. Most of the territory (except the Val d'Aran) lies on the nort ...
. This decision gave to prime minister
Mariano Rajoy Mariano Rajoy Brey (; born 27 March 1955) is a Spanish politician who served as Prime Minister of Spain from 2011 to 2018, when a vote of no confidence ousted his government. On 5 June 2018, he announced his resignation as People's Party lead ...
the power to remove the regional government and to dissolve the regional legislature, and rule directly from
Madrid Madrid ( , ) is the capital and most populous city of Spain. The city has almost 3.4 million inhabitants and a Madrid metropolitan area, metropolitan area population of approximately 6.7 million. It is the Largest cities of the Europ ...
. Senate reform has been a topic of discussion since the early days of Spanish democracy. One proposal would advance the
federalization Federalism is a combined or compound mode of government that combines a general government (the central or "federal" government) with regional governments ( provincial, state, cantonal, territorial, or other sub-unit governments) in a single p ...
of Spain by remaking the Senate to represent the
autonomous communities of Spain eu, autonomia erkidegoa ca, comunitat autònoma gl, comunidade autónoma oc, comunautat autonòma an, comunidat autonoma ast, comunidá autónoma , alt_name = , map = , category = Autonomous administr ...
.


Organization

Senators form
groups A group is a number of persons or things that are located, gathered, or classed together. Groups of people * Cultural group, a group whose members share the same cultural identity * Ethnic group, a group whose members share the same ethnic ide ...
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 Socialist Party is the name of many different political parties around the world. All of these parties claim to uphold some form of socialism, though they may have very different interpretations of what "socialism" means. Statistically, most of t ...
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 an absolute majority, vacant seats notwithstanding.


Elections to the Senate

To date, senate elections have coincided with elections to the lower house, but the President of the Government (i.e., the Prime Minister) may legally advise the king to call elections for one house only, under Section 115 of the
Spanish Constitution The Spanish Constitution (Spanish, Asturleonese, and gl, Constitución Española; eu, Espainiako Konstituzioa; ca, Constitució Espanyola; oc, Constitucion espanhòla) is the democratic law that is supreme in the Kingdom of Spain. It was e ...
. While the
Congress of Deputies The Congress of Deputies ( es, link=no, Congreso de los Diputados, italic=unset) is the lower house of the Cortes Generales, Spain's legislative branch. The Congress meets in the Palace of the Parliament () in Madrid. It has 350 members elect ...
is chosen by
party list proportional representation Party-list proportional representation (list-PR) is a subset of proportional representation electoral systems in which multiple candidates are elected (e.g., elections to parliament) through their position on an electoral list. They can also be use ...
, the members of the senate are chosen in two distinct ways: popular election by
limited voting Limited voting (also known as partial block voting) is a voting system in which electors have fewer votes than there are positions available. The positions are awarded to the candidates who receive the most votes absolutely. In the special case ...
and appointment from regional legislatures.


Directly elected members

Most members of the senate (currently 208 of 266) are directly elected by the people. Each
province A province is almost always an administrative division within a country or state. The term derives from the ancient Roman '' provincia'', which was the major territorial and administrative unit of the Roman Empire's territorial possessions ou ...
elects four senators without regard to population. Insular provinces are treated specially. The larger islands of the
Balearics The Balearic Islands ( es, Islas Baleares ; or ca, Illes Balears ) are an archipelago in the Balearic Sea, near the eastern coast of the Iberian Peninsula. The archipelago is an autonomous community and a province of Spain; its capital is ...
(Baleares) and Canaries (Canarias)— Mallorca,
Gran Canaria Gran Canaria (, ; ), also Grand Canary Island, is the third-largest and second-most-populous island of the Canary Islands, an archipelago off the Atlantic coast of Northwest Africa which is part of Spain. the island had a population of that ...
, and
Tenerife Tenerife (; ; formerly spelled ''Teneriffe'') is the largest and most populous island of the Canary Islands. It is home to 43% of the total population of the archipelago. With a land area of and a population of 978,100 inhabitants as of Janu ...
—are assigned three seats each, and the smaller islands—
Menorca Menorca or Minorca (from la, Insula Minor, , smaller island, later ''Minorica'') is one of the Balearic Islands located in the Mediterranean Sea belonging to Spain. Its name derives from its size, contrasting it with nearby Majorca. Its capi ...
, Ibiza–Formentera, Fuerteventura, Gomera,
Hierro El Hierro, nicknamed ''Isla del Meridiano'' (the "Meridian Island"), is the second-smallest and farthest-south and -west of the Canary Islands (an autonomous community of Spain), in the Atlantic Ocean off the coast of Africa, with a populat ...
, Lanzarote and
La Palma La Palma (, ), also known as ''La isla bonita'' () and officially San Miguel de La Palma, is the most north-westerly island of the Canary Islands, Spain. La Palma has an area of making it the fifth largest of the eight main Canary Islands. The ...
—one each;
Ceuta Ceuta (, , ; ar, سَبْتَة, Sabtah) is a Spanish autonomous city on the north coast of Africa. Bordered by Morocco, it lies along the boundary between the Mediterranean Sea and the Atlantic Ocean. It is one of several Spanish territorie ...
and Melilla are assigned two seats each. This allocation is heavily weighted in favor of small provinces;
Madrid Madrid ( , ) is the capital and most populous city of Spain. The city has almost 3.4 million inhabitants and a Madrid metropolitan area, metropolitan area population of approximately 6.7 million. It is the Largest cities of the Europ ...
, with its 6.5 million people, and
Soria Soria () is a municipality and a Spanish city, located on the Douro river in the east of the autonomous community of Castile and León and capital of the province of Soria. Its population is 38,881 ( INE, 2017), 43.7% of the provincial populati ...
, with 90,000 inhabitants, are each represented by four senators. In non-insular constituencies, each party nominates three candidates. Candidates' names are organized in columns by party 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.
Panachage Panachage (, from French meaning "blend, mixture") is the name given to a procedure provided for in several open-list variants of the party-list proportional representation system. It gives voters more than one vote in the same ballot and allows ...
is allowed, but typically voters cast all three votes for candidates of a single party. As a result, the four Senators are usually the three candidates from the most popular party and the first placed candidate from the next most popular. Before 2011, a party could not choose the order of its candidates on the ballot paper; candidates were sorted alphabetically by surname. When a party did not get all three of its candidates elected, this arrangement favored candidates with surnames early in the alphabet. This was the case for 2nd placed parties in every province and for both parties in tight races when voters did not vote for three candidates of the same party (
panachage Panachage (, from French meaning "blend, mixture") is the name given to a procedure provided for in several open-list variants of the party-list proportional representation system. It gives voters more than one vote in the same ballot and allows ...
).


Regional legislatures-appointed members

Section 69.5 of the
Spanish Constitution The Spanish Constitution (Spanish, Asturleonese, and gl, Constitución Española; eu, Espainiako Konstituzioa; ca, Constitució Espanyola; oc, Constitucion espanhòla) is the democratic law that is supreme in the Kingdom of Spain. It was e ...
empowers the legislative assembly of each
autonomous community eu, autonomia erkidegoa ca, comunitat autònoma gl, comunidade autónoma oc, comunautat autonòma an, comunidat autonoma ast, comunidá autónoma , alt_name = , map = , category = Autonomous administra ...
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 57 since 1983. Conventionally, the proportions of the regional delegations mimic their legislative assemblies, as required in principle by Section 69.5 of the Constitution. However, Autonomous Communities have considerable leeway, and a motion to appoint the delegation often requires no more than a plurality.: The distribution after the 2021 regional elections is:


Composition

The last election was held on 10 November 2019. The composition of the 14th Senate is:


Committees


Presidents of the Senate of Spain

This is a list of the presidents of the Senate since the recovery of the upper house in 1977. To see previous presidents, look the full list of presidents of the Senate.


Notes


References


External links

* {{DEFAULTSORT:Senate Of Spain Government of Spain Cortes Generales
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , i ...
Politics of Spain