Law 5/2005 Of 17 November, National Defense.

Original Language Title: Ley Orgánica 5/2005, de 17 de noviembre, de la Defensa Nacional.

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JUAN CARLOS I King of Spain to all that the present join together and act.

Know: That the Cortes Generales have approved and I come in to sanction the following law.

EXHIBITION grounds the world lives today profound changes that have obvious implications for the structure, organization and functions of the armies. Spain must accommodate those 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 for the national defense and the military organization, as amended in 1984, have changed deeply the international framework and the Spanish society while the organisational model of our armed forces has altered, basically.

The new recruitment of our armies, the disappearance of the compulsory military service and the implementation of a model of professional armed forces are so relevant changes that they claim an organic law of Defense adapted to them.

The strategic scenario has been disappearing blocks policy that starred in the cold war and emerge a new framework in international relations and globalization. At the same time, along with the risks and traditional threats to the peace, stability and security, others emerge as transnational terrorism with disposition and ability to inflict damage indiscriminately.

Decrease of conventional wars, but proliferating armed conflicts which, by both its causes and its effects, have remarkable implications beyond the place where they are produced. Today, in addition to a basic right and a need of individuals and societies, security is a challenge, and making it effective requires the concurrence of the defense as one of the means to achieve it, along with the defence of human rights, the struggle 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, by which they are grouped in organizations that promote, develop and increase levels of stability, such as the Organization of the United Nations and the Organization for security and cooperation in European. 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 basis to build a genuine policy of common security and defence 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 the primary responsibility in the maintenance of international peace and security.

We must also take into account the technological revolution of the last few decades, some of whose innovations come from the own of the defence either have found application in it.

The international projection of Spain and our defence policy in the whole of the external action makes that, since the end of the 20th century, our armed forces come acting as observers, as a force of interposition, maintenance of peace and humanitarian aid abroad.

This circumstance demands include missions that were not contained expressly in the previous legislation, approaches rigorous in terms of respect for international legality of such operations and even innovative in terms of its control in law.

In relation to missions abroad, the Cortes Generales, representing national sovereignty, should have greater participation and protagonism. The law subjects to debate Government decisions and specifically regulates the conditions that must be met.

It falls to the President of the Government responsibility for the management of crises that affect the defense, as well as the direction of the armed conflict. To assist is created the Council of national defense, an advisory body, Coordinator and consultative whose composition is adjusted to the needs of every circumstance. Instructs the Ministry of defence the execution and development of defence policy.

To increase the effectiveness of the armed forces, law concrete your organization with criteria enabling the joint action of the armies. Unlike the previous missions attached to each army, it considers the armed forces as a single entity and inclusive of the different forms of action of its components and which enables optimal capabilities employment, without affecting those depleted its specificity.

Is now implemented an organization that differs with clarity the organizational structure and operations; the first, under the responsibility of the heads of major State of hosts, responsible for the preparation of the force; the second, which control rests with the Chief of defence staff, responsible for their jobs and established for the development of joint and combined action. On the other hand, leaves without effect the administrative divisions, although for purposes of representation and collaboration with public administrations remains an institutional representation.

The Organization of the armed forces, integrated into the Ministry of Defense, responds to the principles of hierarchy, discipline, unity and effectiveness. The law establishes the mandate of regulating the rules essential to the fulfillment of the duty by those who make up the military organization. These rules, inspired by the tradition of our armies and Navy, have been its guide of conduct and, thus, take on a renewed importance now. Its regulatory development will allow to keep them duly updated.

Resources for national defense, your contribution will be based on the principle of gradual and proportionate contribution to what is necessary to deal with.

Get a progressive response to situations of crisis or armed conflict requires a proper and effective organization, with a sufficient degree of stability, that integrates the contributions of all kinds of resources necessary for the preparation of civil and which will also speak the National Defence Council.

The disappearance of the compulsory military service requires that you expected greater relevance with the right and the duty that Spaniards have to defend to Spain, as set out in article 30 of the Constitution, which is reinforced and updated the possibility of incorporation of citizens, as reservists, armed forces.

This law States as laid down in article 8.2 and exercise of the jurisdiction provided for in article 149.1.4. ª of the Constitution.

PRELIMINARY title article 1 object. The object of the Act.

This law regulates national defense and lays the Foundation of the military organization in accordance with the principles established in the Constitution.

Article 2. Purpose of defence policy.

Defence policy aims to protect the whole of Spanish society, its Constitution, the higher values, principles and institutions that are devoted, of the social and democratic State of law and the full exercise of rights and freedoms, and the security, independence and territorial integrity of Spain. In addition, it aims to contribute to the preservation of the international peace and security, within the framework of the commitments made by the Kingdom of Spain.

Title I of the powers of the branches of the State article 3. The Crown.

They correspond to the King the Supreme command of the armed forces and the other functions conferred on defense the rest of the legal system and the Constitution.

Article 4. The Cortes Generales.

1 to the Cortes Generales corresponds to them: to) give prior authorization to provide the consent of the State to be bound by treaties and international conventions, as well as the remaining authorizations provided for in article 94.1. b) of the Constitution.

(b) approve the laws concerning the defence and budgetary appropriations.

(c) discuss the general lines of defence policy. For this purpose, the Government will present relevant initiatives, singularly recruitment and modernization plans.

(d) control the action of the Government in the field of defence.

(e) agree on the authorisation referred to in article 63.3 of the Constitution.

2. in particular, corresponds to the Congress of Deputies, with previous character, authorize 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 corresponds to the Government determine defence policy and ensure its implementation, as well as directing the military administration and agree on the participation of the armed forces in missions outside the national territory.

Article 6. The President of the Government.

1 corresponds to the President of the Government the direction of Defense policy and the determination of its objectives, the management of crises affecting the defence and the strategic direction of the military operations in the event of use of force.

2. the President of the Government exercises its authority to order, coordinate and direct the actions of the armed forces as well as have their employment.

3. in addition, within the framework of the defence policy, it is specifically:


(a) formulate the policy of national defense, which will establish the broad lines of defence policy and guidelines for its development.

(b) define and approve the major objectives and strategic approaches as well as formulate policies for external negotiations relating to defence policy.

(c) to determine the implementation of the objectives and the basic lines of action of the armed forces, both nationally and for the participation in the international organizations of which Spain is a part.

(d) order the missions of the armed forces.

(e) exercise such other functions conferred him the legal and regulatory provisions.

Article 7. The Minister of defence.

1 corresponds to the Minister of defence, in addition to the powers assigned the regulatory laws of the Government and the General Administration of the State, the development and execution of defence policy.

2 also and specifically corresponds: to) assist the President of the Government in the strategic direction of military operations.

(b) direct the actions of the armed forces under the authority of the President of the Government.

(c) determine and execute military policy.

(d) address, as a member of the Government, the military administration and develop guidelines and regulations adopted by the Council of Ministers.

(e) exercise such other functions conferred him the legal and regulatory provisions.

Article 8. Council of national defense.

1. the National Defence Council is the collegiate body, Coordinator, consultant and advisory of the Prime Minister's defense. At the initiative of the President of the Government, it will run in full and as Executive Council.

2. the Council of national defense in full shall inform the King, on the proposal of the President of the Government. When the King attends the meetings of the Council, he shall preside.

3 assist the President of the Government in the direction of armed conflict and in the management of crises affecting the defence and, in general, in the other functions provided for in article 6 of this law.

4 corresponds also to the Council report on the broad guidelines of the defence policy and offer to the Government proposals on matters relating to defence that, affecting several ministries, require a joint proposal.

5 the Council of national defense in the Middle will have the following composition: a) the Prime Minister, who will preside over it.

(b) the Vice-Presidents of the Government).

(c) the Ministers of Defense, Interior, Foreign Affairs and cooperation and of economy and finance.

(d) the Chief of the defence staff).

(e) the heads of State most of the army, the Navy and the air force.

(f) the Secretary of State Director of the National Intelligence Centre).

(g) the Director of the Cabinet of the Presidency of the Government.

6 the Executive Board will have the following composition: a) the Prime Minister, who will preside over it.

(b) the Ministers of Defense, Interior and Foreign Affairs and cooperation).

(c) the Chief of the defence staff.

(d) the Secretary of State Director of the National Intelligence Centre).

e) the Director of the Cabinet of the Presidency of the Government.

7 may be called, depending on the nature of the issues that are addressed, both at the plenary as the Executive Council, the rest of the members of the Government. Members of the plenary session of the Council may also be called the Executive Board.

8. also can be convened the Council of national defense positions of the General Administration of the State or other authorities.

Authorities or charges of the autonomous communities and cities with statute of autonomy should be called when you wish. Authorities from local governments or by persons whose contribution is deemed relevant may also be called.

9. for the exercise of its functions, the Council will have the Interministerial Commission on defense, attached to the Ministry of defence, as a permanent working body.

10. the regime of operation of the National Defence Council, the composition and functions of the Interministerial Commission on defense, shall be determined by regulation.

Title II organisation chapter i. Ministry of defence article 9. Ministry of defence.

1. the Ministry of defence is the Department of the General Administration of the State corresponding to the preparation, development and implementation of policy determined by the Government, obtaining and managing resources human and material to do so, as well as the realization of how many tasks are necessary for the fulfilment of the missions assigned to the armed forces , pursuant to the provisions of this law.

2. in the Ministry of Defense armed forces are integrated in such a way that the whole of the organization acquires the necessary articulation to enable the effective implementation of the policy of defence and military policy.

Chapter II Organization of the forces armed article 10. Armed forces.

1. the armed forces are the essential element of the defence and constitute a single entity which is conceived as a joint integrator of the forms of action specific to each of its components: the army, the Navy and the air force.

2. the Organization of the armed forces shall enable the fulfilment of the missions entrusted to him in the context specific, joint and combined, so as to ensure efficiency in the execution of the military operations.

3. the members of the armed forces will be integrated or assigned to different bodies, in accordance with the tasks that need to play. These bodies may be specific hosts or common of the armed forces.

Article 11. Basic organization.

1. the armed forces are organized into two structures: one organic, for the preparation of the force, and another operative, for use in the missions assigned to it.

2. the organizational structure will enable the generation of the operating structure. It will be established through functionality criteria based on media and forms of action of the army, the Navy and the air force, and a homogeneous organization of these.

3. the operational structure, established for the development of the action joint and combined, will be organized in accordance with the principle of unity of command and the criteria necessary for the achievement of the maximum operational capacity.

4. in order to achieve the functioning of both structures with criteria of efficiency and economy of means, whose responsibilities should not be exclusive of an army services will be unified and organized centrally managed common logistics and acquisition of resources.

Article 12. The largest of the defence.

1. the staff of the defense is the auxiliary body control and support to the Chief of defence staff. It will be organized in such a way that it allows definition and development of military strategy, planning and conduct of military operations and the exercise of other of its powers.

2. the Chief of the defence staff shall exercise control of the of the defence, in whose organization will have a headquarters and a subordinate command of operations. When any circumstance prevents him to temporarily occupy the post, will replace him in their functions, with accidental character, head of State most of the army, the Navy or the air force's oldest.

3 in particular, it is up to the Chief of defence staff: to) the function of military advice to the Prime Minister and the Minister of defence, to provide the strategic direction of military operations.

(b) to exercise, under the authority of the Minister of defence, command of the operational structure of the armed forces and the strategic leadership of military operations.

(c) ensure the operational effectiveness of the armed forces. To that end, you can supervise the preparation of the force units and assess their operational availability.

(d) propose to the Minister of defence appropriate military capabilities to execute the military policy.

(e) develop and define the military strategy.

(f) establish standards of joint action by the armed forces and contribute to the definition of standards of combined action of multinational forces.

(g) by delegation of the Minister of defence, you can exercise the national military representation to international organizations on security and defence.

4. the Chief of the defence staff will coordinate the heads of State most of the army, the Navy and the air force, who will give guidelines to guide the preparation of the force, in order to ensure the operational effectiveness of the armed forces.

Article 13. The army, the Navy and the air force.

1. the army, the Navy and the air force make up the organizational structure of the armed forces and provide basic capabilities to its operating structure. Each one of them is composed by: a) the General Headquarters, consisting of the set of bodies that fit the human and material resources necessary to assist the Chief of staff in the exercise of control over their respective army.

b) force, established as a set of human and material resources that are grouped and organized with the main purpose of preparing for the conduct of military operations. In its scope, it will conduct the training, preparation and evaluation of their units and the permanent specific missions assigned to it will be, in time of peace.


(c) support to the force, understood as the set of bodies responsible for the direction, management, administration and control of human resources, material and financial, allocated to each of the armies. Within its scope will go and the maintenance of the force will be checked and carry out logistical support activities that enable the life and performance of units, centres and agencies.

2. the heads of State most of the army, the Navy and the air force shall exercise, under the authority of the Minister of defence, the command of their respective army. When any circumstance prevents them to temporarily occupy the post, replaced les in his duties, respectively, with accidental character, the General Officer in oldest active duty who are you subordinate in its organizational structure.

3 in particular corresponds les to the chiefs of staff: to) develop the Organization, pursuant to the Minister of defence, as well as instruct, train, manage, provide logistical support and ensure motivation, discipline and welfare of his respective army to maintain at all times the maximum efficiency, in accordance with the resources allocated.

(b) develop and execute missions that, in time of peace, are assigned on a permanent basis.

(c) ensure the adequate preparation of the strength of their respective army to put at the disposal of the operational structure of the armed forces.

(d) advise the Chief of the defence staff in the employment of their army units, as well as in the development and formulation of specific aspects of their respective capabilities.

(e) ensure the general interests of military personnel under his command, notably mentoring the regime of rights and freedoms derived from the constitutional norm and legal development.

Chapter III military jurisdiction article 14. Nature and functions.

Organs of the military, a member of the Judicial power of the State jurisdiction, based its organisation and functioning on the principle of jurisdictional unity and administer justice in the strictly military scope and, if necessary, on matters which set the Declaration of a State of siege, in accordance with the Constitution and criminal, procedural laws and disciplinary military.

Title III missions of the armed forces and its parliamentary control chapter I missions of the forces armed article 15. Missions.

1. forces armed, according to the article - the 8.1 of the Constitution, have assigned the mission to guarantee the sovereignty and independence of Spain, defending its territorial integrity and the constitutional order.

2. the armed forces contribute militarily to the security and defence of Spain and its allies, in the framework of international organizations of which Spain is a part, as well as to the maintenance of peace, stability and humanitarian aid.

3. the forces armed, together with the institutions of the State and public authorities, must preserve the safety and welfare of the citizens in the event of serious risk, catastrophe, calamity or other public needs, in accordance with provisions of the legislation in force.

4. the armed forces can also carry out missions for the disposal of the Spanish overseas residents, when circumstances of instability in a country put at risk their life or their interests.

Article 16. Types of operations.

The fulfilment of the missions of the armed forces and the development of its subsidiary or complementary contribution from public interest require to perform different types of operations, both in country and abroad, which can lead to actions of prevention of conflicts or deterrence, peace-keeping, actions in crisis situations and, where appropriate, in response to aggression. En_particular, operations can consist of: a) the surveillance of maritime areas, as a contribution to the action of the State in the sea, airspace surveillance and control of the airspace of other activities intended to guarantee the sovereignty and independence of Spain, as well as to protect the lives of its people and its interests and national sovereignty.

(b) collaboration in the maintenance of peace and international stabilization in those areas where affected, the reconstruction of the security and administration as well as the rehabilitation of a country, region or specific area, in accordance with the treaties and commitments established.

(c) support to the forces and bodies of State security in the fight against terrorism and to the institutions and bodies responsible for terrestrial rescue services, sea and air, on search and rescue tasks.

(d) the military response against attacks that are conducted using aircraft for terrorist purposes that endanger the lives of the people and their interests. For these purposes, the Government shall designate the national authority responsible for and the armed forces shall provide appropriate operating procedures.

(e) collaboration with the different public administrations in cases of serious risk, catastrophe, calamity or other public needs, in accordance with the legislation in force.

(f) participation with other national and international organizations to preserve the security and the well-being of Spanish citizens abroad, in accordance with the criteria of coordination and assignment of responsibilities to be established.

Article 17. Approval of the Congress of Deputies.

1. to order overseas operations that are not directly related to the defense of Spain or the national interest, the Government will carry out a consultation and shall obtain the approval of the Congress of Deputies.

2. in missions abroad which, in accordance with international commitments, require an answer quickly or immediately to certain situations, prior consultation and approval procedures will be maintained through emergency procedures that allow to fulfill these commitments.

3. in the cases referred to in the preceding paragraph, when, for reasons of utmost urgency not possible to carry out prior consultation, the Government shall submit to the Congress of Deputies as soon as possible the decision which it has taken for the ratification, in the case.

Article 18. Monitoring of operations.

The Government will report regularly, time in no case more than a year, the Congress of Deputies on the development of the operations of the armed forces overseas.

Chapter II conditions of missions abroad article 19. Conditions.

Order the armed forces to perform missions abroad that are not directly related to the defense of Spain or the national interest, the following conditions must be met: to) that are carried out by specific request of the Government of the State in whose territory they are developed or are authorized in resolutions of the Council of safety of UN or agreed , where appropriate, by international organizations of which Spain is a part, particularly the European Union or the organisation of the Treaty of the North Atlantic (NATO), in the framework of their respective powers.

(b) satisfy the defensive, humanitarian, stabilization or purposes of maintenance and preservation of the peace, planned and ordered by the above-mentioned organizations.

(c) that they are in conformity with the Charter of the United Nations and that they do not contradict or violate the principles of international treaty law that Spain has incorporated into its legislation, in accordance with article 96.1 of the Constitution.

Title IV of the essential of the behavior of the military article 20 rules. Basic behavior of military rules.

1. by law, in accordance with the Constitution, the essential rules that define the behavior of the military, especially the discipline, hierarchy, the limits of obedience, as well as the exercise of the military command will be established.

2. the Government, by Royal Decree, shall also develop these rules in the Royal Ordinances for the armed forces.

Article 21. Disciplinary regime.

1. the armed forces disciplinary regime aims to ensure compliance with the essential rules that define the behavior of the military and of the legal system of the military function. The disciplinary authority corresponds to the authorities and controls set out in the law organic of the regime disciplinary of the armed forces, without prejudice to the jurisdictional tutelage established in article 24 of the Constitution.

2. prohibited the courts of Honor in the military sphere.

Title V contribution to defence chapter I preparation resources to contribute to the defence article 22. Permanent provision of resources.

1. the Government shall establish criteria relating to the preparation and availability of human resources and not properly military materials to meet the needs of national defense in situations of serious threat or crisis, bearing in mind for its implementation mechanisms of cooperation and coordination between the different authorities.

2. in time of armed conflict and during the term of the State of siege, the continued availability of resources system will be coordinated by the Council of national defense.

Chapter II article 23 Civil Guard. Civil Guard.


The Civil Guard is an armed nature military, dependent on the Minister of the Interior in carrying out the functions attributed to him by the organic law 2/1986, of 13 March, forces and security forces, and the Minister of defence pursuant to the character missions military that she is assigned to it.

Article 24. Military missions.

The Government, by Royal Decree, will regulate the missions of military character referred to in the previous article, applying the conditions and the planned consultation regime in this Act to the missions to be performed outside.

Article 25. Coordination of actions.

In time of war and for the duration of the State of siege, the Guardia Civil actions would be coordinated by the National Defence Council, reporting in such cases directly to the Defense Minister on the terms determined by the President of the Government.

Chapter III National Intelligence Centre article 26. National Intelligence Center.

The National Intelligence Centre will contribute to the collection, evaluation and interpretation of the information needed to prevent and avoid risks or threats that affect the independence and integrity of Spain, national interests and the stability of the rule of law and its institutions.

Chapter IV Cuerpo Nacional de Policía article 27. Cuerpo Nacional de Policía.

The Cuerpo Nacional de Policía, in the cases referred to in article 25, shall be coordinated by the Council of national defense, depending on the Minister of the Interior to the extent 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 for the duration of the State of siege, the National Defence 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 Council issued guidelines.

Article 29. Provision of other resources.

The contribution of other resources from the society, will be materialized in the following way: to) in accordance with the right and the duty that Spaniards have to defend to Spain, as set out in article 30 of the Constitution, the additional incorporation of citizens defense will be based on the principle of gradual and proportionate contribution to the situation of threat that is necessary to deal with , in the form established by the law, through the incorporation into the armed forces of the reservists that are considered necessary.

(b) the contribution of resources to the different needs of the defence shall be effected through the inter-ministerial body competent. Its composition and functions shall be established by law.

Article 30. Areas of interest for the defense.

In the areas of the national territory considered of interest to the defence, which are constituted or will constitute areas of safety, military or civil, declared of military interest, as well as those in which the demands of the defense or the interest of the State do so, they may limit rights on property of domestic and foreign goods located therein , as determined by law.

Article 31. Defence culture.

The Ministry of defence will promote the development of the culture of Defense with the aim that the Spanish society know, values and is identified with its history and with the solidarity and effective effort by which the armed forces to safeguard national interests. Likewise, the rest of the public authorities will contribute to the achievement of this purpose.

Sole repeal provision. Repeal legislation.

1 shall be repealed: a) the law organic 6/1980, of 1 July, which regulates the basic criteria of the national defense and the military organization, amended by organic law 1/1984, of 5 January.

b) the organic law 13/1991, of 20 December, of military service.

2. equally, they are hereby repealed many provisions of equal or lower rank is contrary to the provisions of this organic law.

First final provision. Regulatory development.

It allows the Government and the Minister of Defense, in the field of their respective competencies, to dictate how many provisions are necessary for the development and implementation of this organic law.

Second final provision. Title competence and precepts as a matter of ordinary law.

1. this law is dictated under the exclusive competence of the State in the field of defence and armed forces, established in article 149.1.4. ª and in relation to the provisions in article 8.2 and article 97, all of them of the Constitution.

2 have character of ordinary law title III and the articles 20.2, 22 and 24 to 31.

Third final provision. Legislative mandate.

Within three months, the Government should send to the Congress of Deputies a draft law regulating of the fundamental rights of military professionals, which will include the creation of the Observatory of military life.

Therefore, command to all Spaniards, private individuals and authorities, which have and will keep this organic law.

Madrid, November 17, 2005.

JUAN CARLOS R.

The President of the Government, JOSÉ LUIS RODRÍGUEZ ZAPATERO

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