Organic Law (Spain) facts for kids

An Organic Law (in Spanish, Ley Orgánica) is a very special and important type of law in Spain. It's different from a regular law because it deals with really big topics and is harder to pass.

These laws are needed for things like protecting your basic rights, setting up how different regions of Spain are governed, or deciding how elections work. Before Spain's current Constitution in 1978, this idea didn't exist there. It was inspired by a similar system in France.

In legal terms, an Organic Law is just as important as a regular law. The main difference is that it covers specific, very important subjects and needs a stricter process to be approved.

What is an Organic Law?

Spain's Constitution, in Article 81.1, says that Organic Laws cover:

• Your fundamental rights and public freedoms.
• The rules for how Spain's different regions (called autonomous communities) are set up.
• The general rules for elections.
• Other specific matters mentioned in the Constitution.

Examples of Organic Laws

Here are some examples of what Organic Laws cover:

• Protecting Your Rights: These laws expand on basic rights and freedoms mentioned in the Constitution. For example, the Organic Law on Education (Ley Orgánica de Educación) explains how the right to education works.
• Regional Rules: The rules for how each of Spain's regions (like Andalusia) are governed are set by Organic Laws. These are called Statutes of Autonomy.
• Elections: The main rules for how elections are held in Spain are found in an Organic Law (Ley Orgánica 5/1985).
• Military Organization: The basic rules for Spain's military are set by an Organic Law (Ley Orgánica 6/1980).
• Public Defender (Ombudsman): The role of the Defensor del Pueblo (a public official who protects citizens' rights) is created by an Organic Law (Ley Orgánica 3/1981).
• Security Forces: The rules for Spain's police and security forces are in an Organic Law (Ley Orgánica 2/1986).
• Courts and Judges: The way courts work and the rules for judges are set by an Organic Law (Ley Orgánica 6/1985).
• Joining the European Union: When Spain joined the European Community (now the European Union), it needed an Organic Law (Ley Orgánica 10/1985) to allow it.
• Data Protection: A recent Organic Law (Ley Orgánica 3/2018) protects your personal data and digital rights.

How are Organic Laws Approved?

Passing an Organic Law is harder than passing a regular law.

Special Voting Rules

The Constitution (Article 81.2) says that an Organic Law needs an absolute majority in the Congress of Deputies. This means more than half of all the members of Congress must vote "yes" for the law to pass, not just more than half of those who are present and voting. This final vote happens at the very end of the lawmaking process. For regular laws, this strict final vote isn't usually needed.

Who Can Propose an Organic Law?

Only certain groups can propose an Organic Law:

• The Spanish government.
• Members of the Cortes Generales (Spain's parliament, which includes the Congress and the Senate).
• The legislative assemblies of Spain's autonomous communities.

Regular citizens cannot propose an Organic Law, even with many signatures. This is different from some other types of laws where citizens can start a "popular initiative."

Organic Laws and Other Laws

The Constitutional Court of Spain has said that Organic Laws are special because of the topics they cover, not because they are "higher" than regular laws. They simply have a different "scope" or area of responsibility.

See also

In Spanish: Ley orgánica (España) para niños

• Organic Law