JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

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

EXPLANATORY STATEMENT

The world today lives profound changes that have obvious consequences on the structure, organization and functions of the Armies. Spain must accommodate these transformations, to ensure its own security and defence and to contribute to peace and to improve the international order.

Since the enactment in 1980 of the Organic Law on Basic Criteria of National Defense and the Military Organization, partially modified in 1984, they have profoundly changed the international frame of reference and the Spanish society without having altered, basically, the organizational model of our Armed Forces.

The new recruitment of our Armies, the disappearance of the compulsory military service and the establishment of a model of professional Armed Forces are so important changes that they are demanding an organic legislation from the Defense tailored to them.

The strategic scenario has seen the policy of blocs that led the Cold War disappear and globalization emerge and a new framework in international relations. At the same time, along with the traditional risks and threats to peace, stability and security, others emerge as transnational terrorism with the readiness and ability to inflict damage indiscriminately.

Wars of conventional type are diminishing, but armed conflicts proliferate, which, both for their causes and for their effects, have notable implications beyond the place where they occur. Today, in addition to a basic right and a need for people and societies, security is a challenge, and to make it effective requires the participation of the defense as one of the means necessary to reach it, together with the defense of the human rights, the fight for the eradication of poverty and development cooperation, which also contribute to this end.

In the field of security and defence, the interdependence between states is considerable, so these are grouped together in organisations that promote, develop and increase levels of stability, such as the Organisation of the United Nations and the Organization for Security and Cooperation in Europe. Since 1980 Spain has joined the North Atlantic Treaty Organization and the Western European Union. In addition, the European Constitution, recently ratified in a referendum by our country, lays the foundations for building a genuine common security and defence policy within the framework of the European Union. Our strategy must be based on a multilateral system of actions and initiatives, based on the recognition that the United Nations Security Council has a fundamental responsibility for the maintenance of peace and security.

We must also take into account the technological revolution of the last few decades, some of whose innovations come from the Defense environment itself or have found application in it.

The international projection of Spain and of our defense policy in the whole of the external action means that, since the end of the 20th century, our Armed Forces are acting outside our borders as observers, as forces of interposition, peacekeeping and humanitarian aid.

This circumstance demands to include in the Law missions that were not expressly included in the previous regulations, rigorous approaches regarding respect to the international legality of such operations and even new ones as to their control.

relation to the missions abroad, the General Courts, which represent national sovereignty, must have greater participation and leadership. The Law submits to its debate governmental decisions and regulates in a concrete way the conditions that they must comply with.

President of the Government is responsible for the management of crisis situations that affect the defense, as well as the direction of the armed conflict. The National Defense Council, the advisory body, the coordinator and the consultative body whose composition meets the needs of each circumstance, is created to assist it. The Minister of Defense is entrusted with the execution and development of the defense policy.

To increase the effectiveness of the Armed Forces, the Law specifies its organization with criteria that allow the joint action of the Armed Forces. Unlike the previous one, which attributed missions to each Army, the Army considers the Armed Forces as a unique and integrative entity of the different forms of action of its components and that it allows the optimal use of its capabilities, without that those who see their specificity merited.

An organization is now implanted that clearly differentiates the organizational structure and the operative structure; the first, under the responsibility of the Chiefs of Staff of the Armies, which is responsible for the preparation of the Force; the second, whose command falls to the Chief of Defense Staff, who is in charge of his employment and established for the development of joint and combined action. On the other hand, the territorial organization is left without effect, although for purposes of representation and collaboration with the Public Administrations an institutional representation is maintained.

The organization of the Armed Forces, integrated in the Ministry of Defense, responds to the principles of hierarchy, discipline, unity and effectiveness. The Law establishes the mandate to regulate the essential rules for the fulfillment of the duty by the members of the military organization. These rules, inspired by the tradition of our Armies and the Navy, have constituted their guide of conduct and, in this way, they now charge a renewed importance. Their regulatory development will allow them to be properly updated.

In terms of National Defense resources, their contribution will be supported by the principle of gradual and proportionate contribution to the situation that needs to be addressed.

In order to achieve a progressive response to situations of crisis or armed conflict, an appropriate and effective organization, with sufficient degree of stability, is required to integrate the contribution of all kinds of resources. necessary for the civil preparation and in which the National Defense Council will also intervene.

The disappearance of the compulsory military service requires that the right and the duty that the Spaniards have to defend Spain, as established in Article 30 of the Constitution, be more relevant for what is strengthens and updates the possibility of citizens, such as reservists, being incorporated into the Armed Forces.

This Act is dictated in accordance with the provisions of Article 8.2 and in the exercise of the jurisdiction provided for in Article 149.1.4. of the Constitution.

PRELIMINARY TITLE

Object

Article 1. Object of the Law.

This Organic Law regulates national defense and establishes the bases of the military organization according to the principles established in the Constitution.

Article 2. Purpose of the defense policy.

purpose of the defense policy is to protect the whole of the Spanish society, its Constitution, the higher values, principles and institutions that are enshrined in it, the social and democratic state of rights, the full exercise of rights and freedoms, and the guarantee, independence and territorial integrity of Spain. It also aims to contribute to the preservation of international peace and security, in the framework of the commitments made by the Kingdom of Spain.

TITLE I

From the powers of the State's powers

Article 3. The Crown.

Correspond to the King the supreme command of the Armed Forces and the other functions that the Constitution and the rest of the legal order give to the defense.

Article 4. The General Courts.

1. The General Courts are responsible for:

(a) Grant prior authorizations to provide the State's consent to be bound by international treaties and conventions, as well as the other authorizations provided for in Article 94.1 (b) of the Constitution.

b) Approve the laws relating to the defence and the corresponding budgetary appropriations.

c) Discuss the broad lines of defense policy. To this end, the Government will present the relevant initiatives, singularly the recruitment and modernization plans.

d) Control government action on defense.

e) Agree to the authorization referred to in Article 63.3 of the Constitution.

2. In particular, it is up to the Congress of Deputies to authorize, with prior character, the participation of the Armed Forces in missions outside the national territory, in accordance with the provisions of this Law.

Article 5. The Government.

It is up to the government to determine the defense policy and ensure its execution, as well as to direct the military administration and agree to the participation of the Armed Forces in missions outside the national territory.

Article 6. The President of the Government.

1. It is for the President of the Government to address the policy of defence and the determination of its objectives, the management of crisis situations affecting the defence and strategic direction of military operations in the event of the use of the force.

2. The President of the Government exercises his authority to order, coordinate and direct the actions of the Armed Forces, as well as to arrange for his employment.

3. In addition, in the framework of the defence policy, it is specifically responsible for:

a) Formulate the National Defense Directive, in which the general lines of the defense policy and the guidelines for its development will be established.

b) Define and approve the major strategic objectives and approaches, as well as formulate the directives for external negotiations that affect the policy of defense.

c) Determine the application of the objectives and the basic lines of action of the Armed Forces, both at national level and in the participation in the international organizations of which Spain is a party.

d) Order the missions of the Armed Forces.

e) Exercise the other functions attributed to you by the laws and regulations.

Article 7. The Minister of Defence.

1. It is up to the Minister of Defense, in addition to the powers assigned to him by the regulatory laws of the Government and the General Administration of the State, the development and implementation of the defense policy.

2. It also has a specific form of:

a) Attend the President of the Government in the strategic direction of military operations.

b) To direct the actions of the Armed Forces under the authority of the President of the Government.

c) Determine and execute military policy.

d) Lead, as a member of the Government, the Military Administration and develop the regulatory guidelines and provisions adopted by the Council of Ministers.

e) Exercise the other functions attributed to you by the laws and regulations.

Article 8. National Defense Council.

1. The National Defense Council is the collegiate body, coordinator, adviser and adviser to the President of the Government on defense. At the initiative of the President of the Government, it may operate in plenary and as executive board.

2. The National Defense Council will report to the King, on a proposal from the President of the Government. When the King attends Council meetings, he will preside over it.

3. It shall assist the President of the Government in the direction of armed conflicts and in the management of crisis situations affecting the defence and, in general, the other functions provided for in Article 6 of this Law.

4. It is also up to the Council to issue a report on the broad guidelines of the defence policy and to offer the Government proposals on defence-related matters which, affecting several ministries, require a joint proposal.

5. The full National Defense Council will have the following composition:

a) The President of the Government, who will chair him.

b) The Vice-Presidents of the Government.

c) The Ministers of Defense, Interior, Foreign Affairs and Cooperation and Economy and Finance.

d) The Chief of Defense Staff.

e) The Chiefs of Staff of the Army of the Earth, the Navy and the Air Force.

f) The Secretary of State Director of the National Intelligence Center.

g) The Director of the Cabinet Office of the Government.

6. The Executive Board shall have the following composition:

a) The President of the Government, who will chair him.

b) Ministers of Defense, Interior and Foreign Affairs and Cooperation.

c) The Chief of Defense Staff.

d) The Secretary of State Director of the National Intelligence Center.

e) The Director of the Cabinet Office of the Government.

7. They may be convened, depending on the nature of the matters dealt with, both in plenary and in the Executive Council, the rest of the members of the Government. Other members of the Council's plenary session may also be invited to the Executive Board.

8. Other authorities or positions of the General Administration of the State may also be summoned to the National Defense Council.

The authorities or offices of the Autonomous Communities and the Cities with Autonomy Statute should be called upon when it is deemed appropriate. Local government authorities or persons whose contribution is deemed relevant may also be convened.

9. For the performance of its tasks, the Council shall have the Inter-Ministerial Defence Commission attached to the Ministry of Defence as a permanent body of work.

10. The functioning of the National Defense Council and the composition and functions of the Inter-Ministerial Defense Committee shall be determined by law.

TITLE II

Organization

CHAPTER I

Ministry of Defense

Article 9. Ministry of Defense.

1. The Ministry of Defense is the department of the General Administration of the State to which the preparation, development and execution of the defense policy determined by the Government, the obtaining and management of human resources and the management of the human resources and material for this, as well as the realization of how many tasks are necessary for the fulfillment of the missions assigned to the Armed Forces, in accordance with the provisions of this Law.

2. The Ministry of Defense is part of the Armed Forces, so that the whole organization acquires the necessary vertebrate to enable the effective execution of defense policy and military policy.

CHAPTER II

Organization of the Armed Forces

Article 10. Armed Forces.

1. The Armed Forces are the essential element of defense and constitute a unique entity that is conceived as an integrative set of the specific forms of action of each of its components: the Army of the Earth, the Navy and the Army of Air.

2. The organization of the Armed Forces must enable the missions entrusted to it in the specific, joint and combined framework to be ensured in order to ensure the effectiveness of the military operations.

3. The members of the Armed Forces shall be integrated or assigned to different bodies, in accordance with the tasks to be performed. These bodies may be specific to the Armed Forces ' Armies or commons.

Article 11. Basic organization.

1. The Armed Forces are organized in two structures: an organic one, for the preparation of the force, and another operative, for their use in the missions assigned to them.

2. The organic structure will enable the generation of the operating structure. It will be established by means of functionality based on the means and forms of action of the Army of the Earth, the Navy and the Army of the Air, and in a homogeneous organization of these.

3. The operational structure, established for the development of joint and combined action, shall be organised in accordance with the principle of the unit of command and the criteria necessary for the achievement of maximum operational capacity.

4. In order to achieve the functioning of both structures with criteria of effectiveness and economy of means, the services whose tasks should not be exclusive of an Army will be unified and the common logistics and the common logistics will be organized in a centralized way. resource acquisition.

Article 12. The General Staff of the Defense.

1. The General Staff of Defense is the auxiliary organ of command and support to the Chief of Defense Staff. It shall be organised in such a way as to enable the definition and development of the military strategy, the planning and conduct of military operations and the exercise of the rest of its powers.

2. The Chief of Defense Staff will exercise command of the Defense General Staff, in whose organization he will have a Headquarters and a subordinate Operations Command. When any circumstance prevents him from temporarily exercising the position, he will be replaced in his duties by an accidental character, the Chief of Staff of the Army of Land, the Navy or the oldest Air Force.

3. In particular, it is up to the Chief of Defence Staff:

a) The role of military advice to the President of the Government and the Minister of Defence, to which he will assist in the strategic direction of military operations.

b) Exercise, under the Ministry of Defense, command of the operational structure of the Armed Forces and the strategic conduct of military operations.

c) Ensuring the operational effectiveness of the Armed Forces. To this end, it will be able to monitor the readiness of the force units and assess their operational availability.

d) Propose to the Minister of Defense the appropriate military capabilities to execute military policy.

e) Develop and define military strategy.

f) Establish the joint action rules of the Armed Forces and contribute to the definition of the combined action rules of multinational forces.

g) By delegation of the Minister of Defense, you will be able to exercise the national military representation to the international Security and Defense organizations.

4. The Chief of Defense Staff will coordinate the Army of Land, Navy, and Air Force Chiefs of Staff, who will be given guidelines to guide the preparation of the Force, in order to ensure the effectiveness of the force. The Armed Forces operational.

Article 13. The Army of Earth, the Navy and the Air Force.

1. The Army of the Earth, the Navy and the Army of the Air make up the organic structure of the Armed Forces and provide the basic capabilities for its operational structure. Each of them consists of:

(a) The Headquarters, constituted by the set of organs that cover the human and material resources necessary to assist the Chief of Staff in the exercise of command over their respective Army.

b) The Force, established as the set of human and material means that are grouped and organized with the main task of preparing for the realization of military operations. In its field, the training, preparation and evaluation of its units shall be carried out and the specific permanent missions assigned to it shall be carried out in time of peace.

c) Support for the Force, understood as the set of organs responsible for the management, management, administration and control of human, material and financial resources, assigned to each of the Armies. In its field, the maintenance of the Force will be directed and controlled and the activities of the logistic support will be carried out that enable the life and functioning of the units, centers and organisms.

2. The Chiefs of Staff of the Army of the Earth, the Navy, and the Air Force will exercise, under the authority of the Defense Minister, the command of their respective Army. Where any circumstance prevents them from temporarily exercising their duties, they shall replace them in their duties, respectively, with an accidental character, the oldest active-duty official of those who are subordinate to them in their structure. organic.

3. In particular it is up to the Chiefs of Staff:

a) Develop the organization, in accordance with the provisions of the Minister of Defense, as well as instruct, train, administer, provide logistical support and ensure the motivation, discipline and well-being of their respective Army. to maintain maximum efficiency at all times, according to the resources allocated.

b) Develop and execute missions that, at peace time, are permanently assigned to them.

c) Ensure the proper preparation of the Force of its respective Army for its making available to the operational structure of the Armed Forces.

d) Advise the Chief of Staff of the Defense in the employment of the units of his Army, as well as in the elaboration and formulation of the specific aspects of their respective capabilities.

e) Velar for the general interests of the military personnel under his command, tutoring in particular the regime of rights and freedoms derived from the constitutional norm and its legal development.

CHAPTER III

Military Jurisdiction

Article 14. Nature and functions.

The organs of the military jurisdiction, a member of the State Judicial Branch, base their organization and operation on the principle of judicial unity and administer justice in the strictly military sphere and, in its Case, in matters established by the declaration of the state of siege, in accordance with the Constitution and the provisions of the criminal, procedural and disciplinary laws.

TITLE III

Missions of the Armed Forces and their parliamentary control

CHAPTER I

Armed Forces Missions

Article 15. Missions.

1. The Armed Forces, according to article 8.1 of the Constitution, are assigned the task of guaranteeing the sovereignty and independence of Spain, defending its territorial integrity and constitutional order.

2. The Armed Forces contribute militarily to the security and defense of Spain and its allies, within the framework of the international organizations of which Spain is a party, as well as to the maintenance of peace, stability and aid. humanitarian.

3. The Armed Forces, together with the State institutions and public administrations, must preserve the security and well-being of citizens in the cases of serious risk, catastrophe, calamity or other public needs, as established in the legislation in force.

4. The Armed Forces may also carry out evacuation missions for Spanish residents abroad, when circumstances of instability in a country place their life or interests at serious risk.

Article 16. Types of operations.

The fulfillment of the Armed Forces ' missions and the development of their complementary or subsidiary contribution of public interest require different types of operations, both in the national territory and in the The European Union's foreign policy, which can lead to actions to prevent conflict or deterrence, to maintain peace, to take action in crisis situations and, where appropriate, to respond to aggression. In particular, operations may consist of:

(a) The surveillance of maritime spaces, as a contribution to the action of the State at sea, the surveillance of airspace and the control of the airspace of national sovereignty and those other activities aimed at guaranteeing the sovereignty and independence of Spain, as well as to protect the lives of its people and their interests.

b) Collaboration in peacekeeping and international stabilization operations in those areas where they are affected, the reconstruction of security and administration, as well as the rehabilitation of a country, a region or a given area, in accordance with the established treaties and commitments.

c) Support for the State Security Forces and Corps in the fight against terrorism and the institutions and bodies responsible for land, sea and air rescue services, in search and search save.

(d) The military response against attacks that are carried out using aircraft for terrorist purposes that endanger the lives of the population and their interests. For these purposes, the Government shall designate the National Responsible Authority and the Armed Forces shall establish the relevant operational procedures.

e) Collaboration with the different public administrations in the cases of serious risk, disaster, calamity or other public needs, as established in the legislation in force.

f) Participation with other national and international bodies to preserve the security and well-being of Spanish citizens abroad, in accordance with the criteria of coordination and allocation of responsibilities to be established.

Article 17. Authorization of the Congress of Deputies.

1. In order to order operations abroad that are not directly related to the defense of Spain or the national interest, the government will carry out a prior consultation and seek authorization from the Congress of Deputies.

2. For missions abroad which, in accordance with international commitments, require a rapid or immediate response to certain situations, the procedures for prior consultation and authorisation shall be carried out by means of emergency procedures which allow them to comply with those commitments.

3. In the cases provided for in the previous paragraph, where it is not possible, for reasons of maximum urgency, to carry out the prior consultation, the Government shall submit to the Congress of the Members as soon as possible the decision it has taken for ratification, if applicable.

Article 18. Track operations.

The government will periodically report, within a period of no more than one year, to the Congress of Deputies on the development of the operations of the Armed Forces abroad.

CHAPTER II

Conditions of missions abroad

Article 19. Conditions.

In order for the Armed Forces to carry out missions abroad that are not directly related to the defense of Spain or the national interest, the following conditions must be met:

(a) To be made at the express request of the Government of the State in whose territory the United Nations Security Council Resolutions are developed or authorized or, where appropriate, agreed by organizations (a) international agreements to which Spain is a party, particularly the European Union or the North Atlantic Treaty Organization (NATO), within the framework of their respective powers.

(b) That they comply with the defensive, humanitarian, stabilization or maintenance and preservation of the peace, intended and ordered by the aforementioned organizations.

c) That they are in accordance with the Charter of the United Nations and that they do not contradict or violate the principles of the conventional international law which Spain has incorporated into its law, in accordance with Article 96.1 of the Constitution.

TITLE IV

Of the essential rules of military behavior

Article 20. Essential rules of military behavior.

1. By law, according to the Constitution, the essential rules that define the behavior of the military, in particular the discipline, the hierarchy, the limits of obedience, as well as the exercise of the military command, will be established.

2. The Government, through Royal Decree, will also proceed to develop these rules in the Royal Ordinance for the Armed Forces.

Article 21. Disciplinary regime.

1. The disciplinary regime of the Armed Forces is aimed at ensuring compliance with the essential rules that define the behavior of the military and the legal order of the military function. The disciplinary authority corresponds to the authorities and controls established in the Organic Law of the Disciplinary Regime of the Armed Forces, without prejudice to the judicial protection established in Article 24 of the Constitution.

2. The Courts of Honor are prohibited in the military field.

TITLE V

Contribution to Defense

CHAPTER I

Preparing resources to contribute to Defense

Article 22. Permanent disposition of resources.

1. The Government shall establish the criteria for the preparation and availability of human and material resources not properly military to meet the needs of the National Defense in situations of serious threat or crisis, taking into account For its implementation the existing cooperation and coordination mechanisms between the different public authorities.

2. In time of armed conflict and during the lifetime of the state of siege, the system of permanent availability of resources will be coordinated by the National Defense Council.

CHAPTER II

Civil Guard

Article 23. Civil Guard.

The Civil Guard is an armed institute of a military nature, dependent on the Minister of the Interior in the performance of the functions attributed to him by the Organic Law 2/1986, of March 13, of Forces and Security Corps, and of the Minister of Defense in the performance of the military missions entrusted to him.

Article 24. Military missions.

The Government, by means of Royal Decree, will regulate the missions of a military nature referred to in the previous article, applying the conditions and the system of consultation provided for in this Law to the missions carried out in the outside.

Article 25. Coordination of actions.

In time of war and during the validity of the state of siege, the actions of the Civil Guard will be coordinated by the National Defense Council, depending on those assumptions directly from the Defense Minister, in terms to be determined by the President of the Government.

CHAPTER III

National Intelligence Center

Article 26. National Intelligence Center.

The National Intelligence Center will contribute to obtaining, evaluating and interpreting the information necessary to prevent and avoid risks or threats that affect the independence and integrity of Spain, to the interests of national and the stability of the rule of law and its institutions.

CHAPTER IV

National Police Corps

Article 27. National Police Corps.

The National Police Corps, in the cases provided for in Article 25, will be coordinated by the National Defense Council, depending on the Minister of the Interior with the scope to be determined by the President of the Government.

CHAPTER V

Contribution of national resources

Article 28. System of cooperation in the field of Civil Protection.

In time of war and during the validity of the state of siege, the National Defense Council will coordinate the actions of the system of cooperation in the field of Civil Protection. For these purposes, the permanent action of the public authorities shall take into account the guidelines issued by the Council.

Article 29. Input from other resources.

The contribution of other resources coming from society will materialize as follows:

(a) According to the law and the duty that the Spanish have to defend Spain, as established in Article 30 of the Constitution, the additional incorporation of citizens to the Defense will be supported by the principle of a gradual and proportionate contribution to the threat situation that needs to be addressed, in the form established by law, through the incorporation into the Armed Forces of the reservists deemed necessary.

(b) The contribution of material resources to the various needs of the defence shall be made through the competent inter-ministerial body. Its composition and functions shall be established regulatively.

Article 30. Areas of interest to the defence.

In the areas of the national territory considered to be of interest to the defence, in which the security zones of installations, military or civilian, declared of military interest, as well as in the territory of the country are constituted or are constituted where the requirements of the defence or the interest of the State advise, the rights to property of nationals and foreigners located therein may be limited, in accordance with the law.

Article 31. Culture of Defense.

The Ministry of Defense will promote the development of defense culture in order for Spanish society to know, value and identify with its history and with the solidarity and effective effort by which the Forces Navies safeguard national interests. The rest of the public authorities will also contribute to this end.

Single repeal provision. Regulatory repeal.

1. They are repealed:

(a) The Organic Law 6/1980, of July 1, which regulates the Basic Criteria of National Defense and the Military Organization, as amended by Organic Law 1/1984, of 5 January.

b) Organic Law 13/1991 of 20 December of the Military Service.

2. Similarly, all provisions of equal or lower rank are repealed with the provisions of this Organic Law.

Final disposition first. Regulatory development.

The Government and the Minister of Defense are empowered, in the field of their respective competences, to dictate how many provisions are necessary for the development and implementation of this Organic Law.

Final disposition second. Title of competence and precepts with the character of ordinary law.

1. This Organic Law is dictated by the exclusive competence of the State in the field of Defense and Armed Forces, established in Article 149.1.4. and in relation to the provisions of Article 8.2 and Article 97, all of which Constitution.

2. Title III and Articles 20.2, 22 and 24 to 31 are of the ordinary law.

Final disposition third. Legislative mandate.

The Government, within three months, will have to submit to the Congress of Deputies a draft law regulating the fundamental rights of the professional military, which will include the creation of the Observatory of Life. military.

Therefore,

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

Madrid, 17 November 2005.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO