JOHN CARLOS I

KING OF SPAIN

To all who present it and understand,

Sabed: That the General Courts have approved and I come to sanction the following organic law.

EXPLANATORY STATEMENT

On 13 December 2007, after overcoming the uncertainty created by the unanimous ratification of the Treaty establishing a Constitution for Europe, the signing was held in the Portuguese capital of the Treaty. Lisbon, amending the Treaty on European Union and the Treaty establishing the European Community (to be referred to as the Treaty on the Functioning of the European Union). The Treaty of Lisbon derives from the aforementioned European Constitution, which was approved in a referendum by the Spanish people. Hence the basis, values, objectives, rights, policies and institutions of the Treaty are substantially similar to those of the non-nata Constitution.

This new Treaty will enable the European Union to be better prepared to meet the challenges brought to us by the new century, providing it with more and better instruments to act with legitimacy and effectiveness. These are the two fundamental keys, effectiveness and legitimacy, in the light of which the new features of the Lisbon Treaty need to be read.

First of all, the Union needs greater doses of legitimacy. Hence many of the reforms introduced by the new Treaty are presided over by a strong desire to bring the Union closer to the citizens and to ensure that it serves their interests.

It is the case of the values of respect for human dignity, freedom, democracy, equality, the rule of law and human rights. This is the case for the objectives of promoting peace and the well-being of the peoples of the European Union. It is also the case for explicit inclusion in the Treaty of the fundamental principles governing relations between the Union and its Member States, such as the principle of the allocation of powers, according to which the Union has the powers conferred on it by the Treaty, the principle of fair cooperation between the Union and its Member States or the principle of respect for the national identity of States, including their political structures and constitutional.

In this respect, the inclusion in the Treaty of a classification of competences in exclusive Union and shared, between this and the Member States, without forgetting the possibility for the Union to adopt measures of support in areas that are essentially of state competence, such as education or culture.

In the search for greater legitimacy for the European Union's action, there is also the generalisation of the current codecision procedure between the European Parliament and the Council, which becomes the procedure. It is therefore necessary to ensure that the European Parliament and the Council agree that legal rules can be adopted in the European Union

as a general rule.

Another unique contribution to the Lisbon Treaty is the foresight, for the first time in the history of the Union, of a form of popular legislative initiative, in such a way as to bring together the signatures of at least one million citizens, provided that they come from different Member States, the Commission may be invited to submit a specific proposal.

The Lisbon Treaty will also enable the Union to act more effectively to respond in time and form to the accelerated changes that the social, economic and international reality of the 21st century is experiencing.

In this regard, the creation of the President of the European Council should be interpreted for a period of two and a half years, renewable once, in order to better follow up the work of the European Council and to strengthen the visibility of the Union. Or the establishment of the figure of the High Representative of the Union for Foreign Affairs and Security Policy, which will, at a time, be the President of the Council for Foreign Policy (CFSP) and Defence Policy (ESDP) and Vice-President of the Commission in charge of external relations, chairing the Council of External Relations of the Union. It will also have the support of a European External Action Service, nurtured by officials from the institutions of the Union and the Member States.

A reform of great importance in speeding up the decision-making procedure within the Union is the one relating to the limitation of the use of unanimity and the consequent extension of qualified majority voting. almost half a hundred new legal bases. Unanimity, however, will remain the general rule in those areas which are of particular sensitivity to the Member States, such as the guidelines for foreign policy, taxation, social policy and resources. The financial contribution of the Union and the revision of the Treaties.

The Lisbon Treaty of the European Union also takes into account many of the main concerns and concerns of European citizens at the moment. It contains a new legal basis which recognises the great role played in our societies by public services or services of general interest, and other bases which will enable the Union to provide better policy on security matters. and the fight against organized crime, immigration policy or the fight against climate change, as well as those which show solidarity among the Member States, either in the face of natural disasters or terrorist attacks, be it to ensure the necessary energy supply, as one of the identity of European integration.

The Lisbon Treaty also responds to particular needs and concerns specific to Spanish citizens. This is the case with the new provisions on the system of the outermost regions, in particular in the field of public aid, the explicit inclusion of the objectives of the Union's energy policy, the promotion of interconnections of the networks or the provision of the possibility to seize the funds and financial assets of terrorist groups operating in the territory of the Union. Similarly, the new distribution of seats in the European Parliament, which has a notable increase in those allocated to Spain, should be cited for its relevance.

It should be borne in mind that the Kingdom of Spain, together with 15 other Member States of the European Union, has formulated a Declaration, annexed to the Final Act of the Intergovernmental Conference, which states that " the flag representing a circle of twelve golden stars on blue background, the anthem taken from the "Anthem to Joy" of the Ninth Symphony of Ludwig van Beethoven, the currency "Unity in diversity", the euro as the currency of the European Union And on May 9, Europe Day will continue to be the symbols of the common membership of the European Union. "Citizens for the European Union and their relationship with it", so continuity in the widespread use by public authorities and citizens of these symbols should be understood not only as guaranteed but even actively recommended.

Finally, it should be noted with particular emphasis that, according to the Treaty of Lisbon, the Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of 7 December 2000, as it was adapted on 12 December 2007 in Strasbourg, which, it proclaims, will have the same legal value as the Treaties. This is an advance of considerable political value, as well as legal, in the process of building the Union and of European citizenship. Therefore, and because it is considered appropriate from the point of view of transparency and proximity to the citizen, the second article of this Organic Law reproduces the full text of the aforementioned Charter, as it has been published in the 'Official Journal of the European Union' of 14 December 2007 (2007/C 303/01)

Article 1. Authorisation of the ratification of the Treaty of Lisbon.

The ratification by Spain of the Treaty of Lisbon, amending the Treaty on European Union and the Treaty establishing the European Community, signed in the capital of the Republic of Portugal on 13 December, is hereby authorised. December 2007.

Article 2. Charter of Fundamental Rights of the European Union.

Within the meaning of the second paragraph of Article 10 of the Spanish Constitution and Article 1 (8) of the Treaty of Lisbon, the rules on fundamental rights and freedoms as the Constitution It shall also be interpreted in accordance with the provisions of the Charter of Fundamental Rights published in the Official Journal of the European Union of 14 December 2007, the full text of which is reproduced below:

" PREAMBLE

The peoples of Europe, by creating an ever closer union, have decided to share a peaceful future based on common values.

Aware of its spiritual and moral heritage, the Union is founded on the indivisible and universal values of human dignity, freedom, equality and solidarity, and is based on the principles of democracy and democracy. Rule of law. By instituting the citizenship of the Union and creating an area of freedom, security and justice, it places the person at the heart of his action.

The Union helps to defend and promote these common values while respecting the diversity of cultures and traditions of the peoples of Europe, as well as the national identity of the Member States and the organisation of its public authorities at national, regional and local level; it seeks to promote balanced and sustainable development and ensures the free movement of persons, services, goods and capital, as well as freedom of establishment.

To do this, it is necessary, by giving them greater projection by means of a Charter, to strengthen the protection of fundamental rights in the light of the evolution of society, social progress and scientific and technological advances.

This Charter reaffirms, in compliance with the powers and tasks of the Union, as well as the principle of subsidiarity, the rights conferred in particular on constitutional traditions and obligations (i) common to the Member States, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Social Charter adopted by the Union and the Council of Europe, as well as the case-law of the Court of Justice of the European Union and the European Court of Human Rights. In this context, the courts of the Union and of the Member States shall interpret the Charter with due regard to the explanations drawn up under the authority of the Praesidium of the Convention which drafted the Charter and updated it under the responsibility of the Praesidium of the European Convention.

The enjoyment of such rights carries responsibilities and duties with respect to others as well as to the human community and future generations.

Consequently, the Union recognises the rights, freedoms and principles set out below.

TITLE I

Dignity

ARTICLE 1

Human dignity

Human dignity is inviolable. It will be respected and protected.

ARTICLE 2

Right to Life

1. Every person has the right to life.

2. No one can be sentenced to death or executed.

ARTICLE 3

Right to the integrity of the person

1. Every person has the right to his physical and mental integrity.

2. In the framework of medicine and biology they will be respected in particular:

(a) the free and informed consent of the person concerned, in accordance with the modalities established by law;

(b) the prohibition of eugenic practices, in particular those aimed at the selection of persons;

c) the prohibition that the human body or parts thereof as such become the object of profit;

d) the prohibition of reproductive cloning of human beings.

ARTICLE 4

Prohibition of torture and of inhuman or degrading treatment or punishment

No one may be subjected to torture or inhuman or degrading treatment or punishment.

ARTICLE 5

Banning slavery and forced labor

1. No one can be subjected to slavery or servitude.

2. No one can be constrained to do forced or compulsory labour.

3. Trafficking in human beings is prohibited.

TITLE II

Freedoms

ARTICLE 6

Right to freedom and security

Everyone has the right to freedom and security.

ARTICLE 7

Respect for private and family life

Everyone has the right to respect for their private and family life, their home and their communications.

ARTICLE 8

Protecting personal data

1. Any person has the right to the protection of personal data which is such as to be such data.

2. Such data shall be treated in a fair manner, for specific purposes and on the basis of the consent of the person concerned or on the basis of another legitimate basis provided for by law. Any person has the right to access the data collected and to obtain the rectification.

3. Compliance with these rules will be subject to the control of an independent authority.

ARTICLE 9

Right to marry and right to found a family

The right to marry and the right to found a family according to the national laws governing their exercise are guaranteed.

ARTICLE 10

Freedom of thought, conscience and religion

1. Every person has the right to freedom of thought, conscience and religion. This right implies the freedom to change religion or belief, as well as the freedom to manifest their religion or convictions individually or collectively, in public or in private, through worship, teaching, practices and observance of the rites.

2. The right to conscientious objection is recognized in accordance with the national laws governing its exercise.

ARTICLE 11

Freedom of expression and information

1. Everyone has the right to freedom of expression. This right includes freedom of opinion and the freedom to receive or communicate information or ideas without interference by public authorities and without regard to borders.

2. The freedom of the media and their pluralism are respected.

ARTICLE 12

Meeting and Association Freedom

1. Every person has the right to freedom of peaceful assembly and freedom of association at all levels, especially in the political, trade union and civic areas, which implies the right of every person to establish with other trade unions and join them for the defense of their interests.

2. Political parties at Union level help to express the political will of the citizens of the Union.

ARTICLE 13

Freedom of the arts and sciences

The arts and scientific research are free. The freedom of professorship is respected.

ARTICLE 14

Right to Education

1. Everyone has the right to education and access to vocational and continuing training.

2. This right includes the right to receive compulsory education free of charge.

3. The freedom to set up teaching centres within the framework of democratic principles, as well as the right of parents to ensure the education and teaching of their parents, are respected in accordance with national laws governing their exercise. children according to their religious, philosophical and pedagogical convictions.

ARTICLE 15

Professional freedom and right to work

1. Everyone has the right to work and to pursue a freely chosen or accepted profession.

2. Every citizen of the Union is free to seek employment, work, establish or provide services in any Member State.

3. Third-country nationals who are authorised to work in the territory of the Member States are entitled to working conditions equivalent to those enjoyed by the citizens of the Union.

ARTICLE 16

Enterprise Freedom

Freedom of enterprise is recognised in accordance with Union law and with national laws and practices.

ARTICLE 17

Right to Property

1. Every person has the right to enjoy the property of the goods that he has legally acquired, to use them, to dispose of them and to lay them down. No one can be deprived of his property more than because of public utility, in the cases and conditions provided for in the law and in return, in a reasonable time, of a fair compensation for his loss. The use of the goods may be regulated by law to the extent necessary for the general interest.

2. Intellectual property is protected.

ARTICLE 18

Right of asylum

The right of asylum is guaranteed in compliance with the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 on the Status of Refugees and in accordance with the Constitution.

ARTICLE 19

Protection in case of return, expulsion and extradition

1. Collective expulsions are prohibited.

2. No one may be returned, expelled or extradited to a State where he is at serious risk of being subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.

TITLE III

Equality

ARTICLE 20

Equality before the law

All people are equal before the law.

ARTICLE 21

Non-discrimination

1. Any discrimination, and in particular that of sex, race, colour, ethnic or social origin, genetic characteristics, language, religion or belief, political or any other opinion, membership of a minority is prohibited. national, heritage, birth, disability, age or sexual orientation.

2. Any discrimination on grounds of nationality in the field of application of the Constitution and without prejudice to its particular provisions shall be prohibited.

ARTICLE 22

Cultural, religious and linguistic diversity

The Union respects cultural, religious and linguistic diversity.

ARTICLE 23

Equality between women and men

Equality between women and men must be ensured in all areas, including employment, work and pay.

The principle of equality does not prevent the maintenance or adoption of measures that are beneficial to the less-represented sex.

ARTICLE 24

Child Rights

1. Children are entitled to the protection and care necessary for their welfare. They may express their opinion freely. This will be taken into account for matters affecting them, depending on their age and maturity.

2. In all acts relating to children carried out by public authorities or private institutions, the best interests of the child shall be a primary consideration.

3. Every child has the right to regularly maintain personal relationships and direct contacts with his father and his mother, unless this is contrary to their interests.

ARTICLE 25

Older people's rights

The Union recognizes and respects the right of the elderly to lead a dignified and independent life and to participate in social and cultural life.

ARTICLE 26

Integrating disabled people

The Union recognises and respects the right of disabled people to benefit from measures that guarantee their autonomy, social and professional integration and their participation in the life of the community.

TITLE IV

Solidarity

ARTICLE 27

Right to information and consultation of workers in the company

The workers or their representatives must be guaranteed at the appropriate levels the information and consultation in good time in the cases and conditions laid down in Union law and in legislation and national practices.

ARTICLE 28

Right of negotiation and collective action

Workers and employers, or their respective organisations, in accordance with Union law and with national laws and practices, have the right to negotiate and conclude collective agreements at the level of appropriate, and to undertake, in the event of a conflict of interest, collective actions for the defence of their interests, including strike action.

ARTICLE 29

Right of access to placement services

Everyone has the right to access a free placement service.

ARTICLE 30

Protection in case of unjustified dismissal

Every worker has the right to protection in the event of unjustified dismissal, in accordance with Union law and with national laws and practices.

ARTICLE 31

Fair and Fair Working Conditions

1. Every worker has the right to work in conditions that respect their health, safety and dignity.

2. Every worker is entitled to the limitation of the maximum duration of work and to daily and weekly rest periods, as well as to a paid annual leave period.

ARTICLE 32

Prohibition of child labour and protection of young people at work

Child labour is prohibited. The minimum age for admission to work may not be less than the age at which the compulsory education period ends, without prejudice to more favourable provisions for young people and with the exception of limited exceptions.

Young people admitted to work must have working conditions adapted to their age and be protected against economic exploitation or any work that may be detrimental to their safety, health, safety and health. physical, mental, moral or social development, or that may endanger your education.

ARTICLE 33

Family life and professional life

1. The protection of the family is guaranteed in the legal, economic and social plans.

2. In order to be able to reconcile family life and professional life, everyone has the right to be protected from any dismissal for a cause related to maternity, as well as the right to a paid maternity leave and a leave of absence. parental on the occasion of the birth or adoption of a child.

ARTICLE 34

Social security and social help

1. The Union recognises and respects the right of access to social security benefits and social services which guarantee protection in cases such as maternity, sickness, accidents at work, dependency or old age, as well as in the case of the case of loss of employment, in accordance with the rules laid down by Union law and national laws and practices.

2. Any person residing and moving legally within the Union is entitled to social security benefits and social benefits in accordance with Union law and national legislation and practice.

3. In order to combat social exclusion and poverty, the Union recognises and respects the right to social assistance and housing assistance in order to ensure a dignified existence for all those who do not have sufficient resources, according to the modalities laid down by Union law and by national laws and practices.

ARTICLE 35

Health Protection

Everyone has the right to access health prevention and to benefit from health care under the conditions laid down by national laws and practices. A high level of protection of human health shall be ensured in the definition and implementation of all Union policies and actions.

ARTICLE 36

Access to services of general economic interest

The Union recognises and respects access to services of general economic interest, as provided for in national laws and practices, in accordance with the Constitution, in order to promote social cohesion and territory of the Union.

ARTICLE 37

Environmental protection

In the policies of the Union, a high level of environmental protection and improvement of its quality will be integrated and guaranteed, in line with the principle of sustainable development.

ARTICLE 38

Consumer protection

A high level of consumer protection will be ensured in Union policies.

TITLE V

Citizenship

ARTICLE 39

Right to vote and stand in elections to the European Parliament

1. Every citizen of the Union has the right to vote and to stand as a candidate in elections to the European Parliament in the Member State in which he resides, under the same conditions as nationals of that State.

2. Members of the European Parliament shall be elected by free, direct and secret universal suffrage.

ARTICLE 40

Right of active and passive suffrage in municipal elections

Every citizen of the Union has the right to vote and to stand as a candidate in municipal elections in the Member State in which he resides, under the same conditions as nationals of that State.

ARTICLE 41

Right to good administration

1. Any person has the right to have the Union institutions, bodies and bodies treat their affairs impartially and fairly and within a reasonable time.

2. This right includes in particular:

(a) the right of every person to be heard before an individual measure which adversely affects him is taken against him;

(b) the right of every person to access the file that the person has, in compliance with the legitimate interests of confidentiality and professional and commercial secrecy;

c) the obligation incumbent upon the Administration to motivate its decisions.

3. Any person has the right to compensation by the Union for the damage caused by its institutions or agents in the performance of their duties, in accordance with the general principles common to the laws of the Member States.

4. Any person may address the institutions of the Union in one of the languages of the Constitution and shall receive a reply in that language.

ARTICLE 42

Right of access to documents

Every citizen of the Union and any natural or legal person residing or having his registered office in a Member State has the right to access the documents of the Union's institutions, bodies and bodies, is your support.

ARTICLE 43

The European Ombudsman

Every citizen of the Union and any natural or legal person residing or having his registered office in a Member State has the right to submit to the European Ombudsman the cases of maladministration in the performance of the institutions, bodies or bodies of the Union, with the exception of the Court of Justice of the European Union in the exercise of their judicial functions.

ARTICLE 44

Request right

Every citizen of the Union and any natural or legal person residing or having his registered office in a Member State has the right of petition to the European Parliament.

ARTICLE 45

Freedom of movement and residence

1. Every citizen of the Union has the right to move and reside freely within the territory of the Member States.

2. Freedom of movement and residence may be granted, in accordance with the provisions of the Constitution, to third-country nationals legally residing in the territory of a Member State.

ARTICLE 46

Diplomatic and consular protection

Every citizen of the Union may, in the territory of a third country in which the Member State of which he is a national is not represented, be entitled to the protection of the diplomatic and consular authorities of any State. member, under the same conditions as nationals of that State.

TITLE VI

Justice

ARTICLE 47

Right to effective judicial protection and an impartial judge

Any person whose rights and freedoms guaranteed by Union law have been violated has the right to an effective remedy under the conditions laid down in this Article.

Everyone has the right to have their cause heard equitably and publicly and within a reasonable time by an independent and impartial judge, previously established by law. Any person may be advised, defended and represented.

Free legal assistance will be provided to those who do not have sufficient resources as long as such assistance is necessary to ensure the effectiveness of access to justice.

ARTICLE 48

Presumption of innocence and rights of the defense

1. Every defendant is presumed innocent as long as his guilt has not been legally declared.

2. Every defendant is guaranteed to respect the rights of the defence.

ARTICLE 49

Principles of legality and proportionality of crimes and penalties

1. No one may be convicted of an action or omission which, at the time it has been committed, does not constitute an infringement under national law or international law. In the same way, it will not be possible to impose a more serious penalty than the one applicable at the time the infringement has been committed. If the law provides for a lighter penalty after this infringement, it must be applied.

2. This Article shall not preclude the judgment and punishment of a person guilty of an action or omission which, at the time when it was committed, is a criminal offence in accordance with the general principles recognised by the whole of the nations.

3. The intensity of the penalties shall not be disproportionate in relation to the offence.

ARTICLE 50

Right not to be tried or criminally convicted twice for the same offence

No one may be judged or criminally convicted of an infringement in respect of which he has already been acquitted or convicted in the Union by a firm criminal sentence in accordance with the law.

TITLE VII

General provisions governing the interpretation and application of the Charter

ARTICLE 51

Scope

1. The provisions of this Charter are addressed to the institutions, bodies and bodies of the Union, while respecting the principle of subsidiarity, as well as to the Member States only when they apply Union law. They shall therefore respect the rights, observe the principles and promote their application, in accordance with their respective powers and within the limits of the powers conferred on the Union in the other parts of the Union. Constitution.

2. This Charter does not extend the scope of Union law beyond the powers of the Union, nor does it create any new powers or tasks for the Union, nor does it alter the powers and tasks defined in the other Parties to the Charter. Constitution.

ARTICLE 52

Scope and interpretation of rights and principles

1. Any limitation of the exercise of the rights and freedoms recognized by this Charter must be established by law and respect the essential content of those rights and freedoms. While respecting the principle of proportionality, limitations may be introduced only where they are necessary and effectively meet objectives of general interest recognised by the Union or the need for the protection of rights and freedoms of others.

2. The rights recognised by this Charter as referred to in other parts of the Constitution shall be exercised under the conditions and within the limits defined by them.

3. To the extent that this Charter contains rights which correspond to rights guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms, their meaning and scope shall be equal to those conferred on them. (a) the Convention This provision shall not prevent Union law from granting more extensive protection.

4. To the extent that this Charter recognises fundamental rights resulting from the constitutional traditions common to the Member States, those rights shall be interpreted in harmony with those traditions.

5. The provisions of this Charter which contain principles may be applied by means of legislative and executive acts adopted by the institutions, bodies and bodies of the Union, and by acts of the Member States when they apply the Union, in the exercise of their respective powers. They may only be heard before a court in respect of the interpretation and control of the legality of those acts.

6. National laws and practices as specified in this Charter shall be fully taken into account.

7. The explanations drawn up to guide the interpretation of the Charter of Fundamental Rights shall be duly taken into account by the courts of the Union and the Member States.

ARTICLE 53

Protection level

None of the provisions of this Charter may be construed as limiting or limiting the human rights and fundamental freedoms recognized, in their respective scope, by Union law, the International law and the international conventions to which the Union or all Member States are a party, and in particular the European Convention for the Protection of Human Rights and Fundamental Freedoms, and constitutions of the Member States.

ARTICLE 54

Prohibition of abuse of law

None of the provisions of this Charter may be interpreted as implying any right to engage in an activity or to perform an act aimed at the destruction of rights or freedoms. recognised in this Charter or any broader limitations of these rights and freedoms than those provided for in this Charter. "

Single end disposition. Entry into force.

This Organic Law will enter into force the day after its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this organic law.

Palma de Mallorca, 30 July 2008.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO