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:

PREAMBLE

I

On January 1, 1986, it was an important milestone in the process of modernization and democratization begun in Spain with the Constitution of 1978, when our country joined the European Communities, breaking with this a policy that has been dominated for centuries by international isolationism.

of the most eminently European institutions to which we are then incorporated is the European Parliament or the European Parliament; the peoples of all the Member States are represented in it and, precisely because of their demands. Popular representativeness, its components are chosen by direct universal suffrage in each of the States.

So far the Spanish representatives have been, on a provisional basis, appointed by the General Courts, in proportion to the importance of the different political groups represented in them. However, this interim situation must be resolved shortly, as required by Article 28.1 of the Act of Accession, which provides for the need to hold elections by universal suffrage within two years of our incorporation. To name the sixty representatives of the Spanish people in the European Parliament.

In order to make this electoral process possible, the approval by the General Courts of a law governing all elements of the electoral system and the electoral procedure is necessary in accordance with the requirements of the electoral system. both of the Constitution and of the applicable Community legislation in this field.

II

It should be noted, first of all, that the rules governing elections to the European Parliament must be developed with the rank of Organic Law, as part of the content of the Organic Law of the General Electoral Regime, Law 5/1985, of June 19, of which this project constitutes a set of additions and modifications.

We are, in fact, faced with a matter that is part of the content of the "General Electoral Regime", as defined in article 81.1 of the Spanish Constitution.

The electoral rules for the election of the European Parliament are, therefore, formally an adaptation of the Organic Law of the General Electoral Regime, by the addition of a title containing the specific provisions for the holding of such elections and the modification of some of the common provisions of that Standard to the extent that it is strictly necessary.

In this context, the first legislative policy decision has been precisely to carry out the minimum necessary regulation to make the Organic Law of the General Electoral Regime applicable to this type of elections. It has been intended, based on respect for the constitutional principles and the Community rules in this field, that the resulting legislation should be in accordance with the principles and systematic of the Organic Law of the General Electoral Regime, of course in As regards their organisational and procedural aspects, but also as far as possible, in the major political decisions that make up the electoral system.

This is not only about respecting and completing the vocation of "Electoral Code" clearly discernible in the Organic Law of the General Electoral Regime, but, more importantly, guaranteeing through procedures and common instruments for the proper development of the constitutional principles which inspire the exercise of the right to vote and to stand as a candidate, and to do so from the coordinates of unity which ultimately guarantee their understanding and proper use for the vast majority of citizens.

III

Structurally the Law is divided into two fundamental parts:

-The first consists of a set of modifications or specific additions to different articles of the preliminary titles and I of the Organic Law of the General Electoral Regime, in matters that range from the scope of application of the rule, up to the order of scrutiny in case of coincidence of electoral processes.

-The second is the addition of a new Title VI of special provisions for elections to the European Parliament. In it, following the same order of the remaining titles of the Law, it regulates the passive suffrage, incompatibilities, the electoral system, the convocation of elections and a series of provisions of what is called in the strict sense "electoral procedure".

IV

This law seeks to complete the institutional framework for the development of the right to vote in the context of a representative democracy, and to do so from the same constitutional and legislative principles that inspired the drafting of the Organic Law of the General Electoral Regime.

The contrasting correction of the functioning of the mechanisms provided for in elections of different types, are the best guarantee for the Spanish citizens that they will see fully satisfied the expectations that have raised the authentically historic fact for our nation to be called to the election of a Parliament that represents the ideals of a political and economically united Europe.

Article first.

The following articles, of the Preliminary Titles and I of the Organic Law 5/1985, of June 19, of the General Electoral Regime, are worded as follows:

" Article first. 1.

The following paragraph (c) is added:

"To the elections of the Members of the European Parliament."

Article sixty-three.

One. The following paragraphs shall be added which shall bear numbers 5 and 6:

5. If elections to the European Parliament are held at the same time as elections to either of the two Chambers of the General Courts or municipal elections, only the results of the previous elections to the Congress are taken into account. case, municipal elections, for the distribution of spaces in the general programming of the national media.

6. If elections to the European Parliament are held simultaneously to a Legislative Assembly of the Autonomous Community, only the results of the previous elections to that Assembly for the distribution of spaces in the European Parliament are taken into account. the means of dissemination of that Autonomous Community or in the relevant regional programmes of the national media.

Two. Paragraph 5 prior to the reform of this Law becomes number 7.

Article ninety-five. 3.

3. In the case of a number of elections, it is necessary, in accordance with the following order, to scrutinise the ballots which, in each case, correspond: First, those of the European Parliament; then, those of the Congress of Deputies; then, those of the Senate; then, those of the Local Entities; then, those of the Legislative Assembly of the Autonomous Community; later, those of the Island Cabildos.

Article ninety-six. 2.

2. In the event of elections to the Congress of Deputies, the European Parliament, the Councils and the Island Councils shall also be null and void the votes cast on ballots in which the names of the Members have been modified, added, pointed out or crossed out. candidates included in it or altered their placement order, as well as those in which any other type of alteration would have occurred.

Article one hundred and twenty-seven. 1 and 2.

1. The State subsidizes, in accordance with the rules laid down in the special provisions of this Law, the expenses incurred by the parties, federations, coalitions or groups of voters for their participation in the elections to the Congress of Parliament and the Senate, the European Parliament and municipal elections. In no case shall the subsidy for each political group exceed the number of electoral expenditure declared, justified by the Court of Auditors in the exercise of its audit function.

2. The State grants advances from the above grants to the parties, federations and coalitions which have obtained representatives in the last elections to the General Courts, the European Parliament or, where appropriate, the last elections. municipal. The amount advanced cannot exceed 30 per 100 of the grant received by the same party, federation or coalition in the last equivalent elections.

Article one hundred and twenty-eight. 2.

2. The contribution to these accounts of funds from foreign entities or persons, other than those granted in the budget of the European Communities ' bodies for the financing of elections to the European Parliament, shall also be prohibited. European, and, in the case of municipal elections, only in relation to persons for whom the provisions of Article 13.2 of the Constitution are applicable.

Article one hundred and thirty-one. 2.

2. In the case of two or more elections by direct universal suffrage, the parties, federations, coalitions or groups of concurrent voters shall not be able to carry out higher electoral expenses by 50 per 100 than those provided for the elections to the General Courts.

Article one hundred and fifty-seven. 1.

The following point is added:

Case of the occurrence of the pass to the administrative situation corresponding to those, the reservation of post or place and destination must be guaranteed, under the conditions that determine the specific rules of application. "

Article 2.

A new Title VI of the following tenor is added to the Organic Law of the General Electoral Regime.

" TITLE VI

Special provisions for elections to the European Parliament

CHAPTER I

Passive Suffrage Law

Article two hundred ten.

They are ineligible for the European Parliament under Article 154.1 and 2 of this Law.

CHAPTER II

Incompatibilities

Article two hundred eleven.

1. The causes of the Members ' ineligibility to the European Parliament are also incompatible.

2. They are also incompatible:

(a) Those who are in accordance with the provisions of the electoral rules of the European Communities.

(b) The meaning of Article 155 (2) of this Law.

c) Who are members of the General Courts.

d) Those who are members of the Legislative Assemblies of the Autonomous Communities.

3. In the cases referred to in points (c) and (d) of the previous paragraph, the incompatibility is resolved in favour of the last term of the parliamentary condition.

Article two hundred twelve.

1. The Members of the European Parliament may not be a member of the Governing Bodies or Boards of Directors of Bodies, Public Entes or Companies with direct or indirect majority public participation.

2. The mandate of the Members of the European Parliament is also incompatible with the performance by itself or by replacement of any other post, charge or public activity paid by salary, duty or any other form. In the event of a transfer to the administrative situation corresponding to those, the reserve of post or place and of destination shall be guaranteed under the conditions laid down in the specific rules of application. The provisions of paragraphs 2 and 3 of Article 157 of this Law are also applicable to them.

3. The Members of the European Parliament may not receive remuneration from the budgets of the constitutional bodies or public authorities, except where, where appropriate, they may correspond to them. The provisions of Article 158.2 of this Law shall also apply.

Article two hundred thirteen.

The mandate of the Members of the European Parliament is compatible with the performance of private activities in the terms of Article 159 of this Law.

CHAPTER III

Electoral System

Article two hundred fourteen.

The constituency for the election of the Members of the European Parliament is the national territory.

Article two hundred fifteen.

According to the Act of Accession to the European Communities, 60 Members of the European Parliament are elected in Spain.

Article two hundred sixteen.

The allocation of seats according to the results of the scrutiny is carried out in accordance with the provisions of Article 163 of this Law, with the exception of the provisions of paragraph 1, (a), and in paragraph 2 of that article.

Article two hundred seventeen.

In the event of the death, incapacity or resignation of a Member of the European Parliament, the seat shall be attributed to the candidate or, where appropriate, to the alternate of the same list to whom it corresponds, on the basis of his order of placement.

CHAPTER IV

Call for Elections

Article two hundred and eighteen.

1. The call for the election of the Members of the European Parliament is carried out in accordance with the Community rules and through Royal Decree.

2. The Order of Call is issued with the endorsement of the President of the Government, upon his proposal, under his sole responsibility and after deliberation by the Council of Ministers.

3. For elections to the European Parliament, the provisions of Article 42.1 of this Law do not apply.

CHAPTER V

Electoral Procedure

SECTION I

REPRESENTATIVES OF THE CANDIDATES TO THE ELECTORAL ADMINISTRATION

Article two hundred nineteen.

1. For the purposes provided for in Article 43 of this Law, each of the parties, federations and coalitions intended to contest the elections, shall appoint a general representative in accordance with the terms laid down in Article 168.1 of this Law. Law.

2. The promoters of each group of electors designate, on the same terms, their representative at the time of their application.

3. Each of the general representatives may designate within two days of their appointment, before the Central Electoral Board, the representatives of their candidacy before the Provincial Electoral Boards.

4. These designations will be communicated by the Central Electoral Board to the provinces within the next two days, and the representatives are to be represented to their respective Boards to accept their appointment.

SECTION II

SUBMISSION AND PROCLAMATION OF CANDIDATES

Article two hundred and twenty.

1. For the election of Members of the European Parliament, the Electoral Board responsible for all the operations provided for in Title I, Chapter VI, Section II of this Law, in relation to the presentation and proclamation of candidates is the Central Electoral Board.

2. Applications shall be submitted by complete lists of candidates, unless the parties, federations, coalitions or groups of voters make use of the possibility provided for in Article 221.4, in which case the list may contain up to a maximum of 60 candidates and alternates.

3. To present candidates, the parties, coalitions, federations and groups of voters need to prove the signatures of 15,000 voters. No elector can give his signature for the filing of several nominations.

4. However, the parties, federations and coalitions can replace the requirement outlined in the previous paragraph by the signatures of 50 elected representatives, be they Deputies, Senators, Spanish Members of the European Parliament, members of the Assemblies Legislative of the Autonomous Communities or members of the Local Corporations. No elect can give his signature for the filing of several nominations.

5. The nominations submitted and the nominated nominations are published in the "Official State Gazette".

SECTION III

BALLOT PAPERS AND ENVELOPES

Article two hundred and twenty-one.

1. For the purposes set out in Article 70.1, the Electoral Board responsible for elections to the European Parliament is the Central Electoral Board.

2. Ballot papers for the election of Members of the European Parliament must contain the name, symbol and symbol of the party, federation, coalition or group of voters who are candidates.

3. They must also contain the full list of names and names of the candidates and the alternates who make up the application, according to their order of placement. Where appropriate, the circumstances referred to in Article 46.7 may be specified.

4. The parties, federations, coalitions or groups of electors may, at the time of submission of the candidates to the Central Electoral Board, record the territorial scope in which they wish to disseminate their ballots, when lower than the state and always match at least the electoral sections in an Autonomous Community.

Article two hundred and twenty-two.

The parties, federations, coalitions or groups of electors may, at the time of filing the candidacy before the Central Electoral Board, record their will that in certain electoral sections the names of the candidates and alternate members of the parties or their territorial organisations, with a statutory scope of action, shall be expressed only with the territory of one of the Autonomous Communities. territory, as well as, where applicable, its own name, symbol and symbol.

SECTION IV

GENERAL SCRUTINY

Article two hundred and twenty-three.

1. For the purposes set out in Articles 103, 104, 105, 106 and 107, the competent Electoral Boards are the Provincial Electoral Boards.

2. After the vote, the representatives and representatives of the candidates have a two-day deadline to present the complaints and protests that they consider appropriate, which will have to be resolved by the Provincial Electoral Boards in the country. the following two days.

3. After the previous operations, the Provincial Electoral Boards will forward to the Central Electoral Board, no later than the 15th day after the elections, a certificate signed by the Presidents and Secretaries of the Boards of Directors. results of the election in the province, which shall contain an express reference to the number of voters, valid votes, null votes, blank votes and those obtained by each candidate.

Article two hundred twenty-four.

1. The Central Electoral Board shall proceed, no later than the twentieth day after the elections, to the counting of the votes at the national level, to the allocation of seats corresponding to each of the candidates and to the proclamation of elect.

2. Within five days of their proclamation, the elected candidates will have to swear or promise to abide by the Constitution before the Central Electoral Board. On the expiry of that period, the Central Electoral Board shall declare the seats corresponding to the Members of the European Parliament vacant, which have not complied with the Constitution and suspended all the prerogatives which may be conferred on them by reason for his charge, all until such compliance occurs.

3. The Central Electoral Board shall also be competent to carry out the remaining general scrutiny operations not provided for in the previous article.

SECTION V

ELECTORAL LITIGATION

Article two hundred twenty-five.

1. The Court of Justice for the purposes of electoral litigation is the Supreme Court.

2. The notification of the Judgment that resolves an electoral litigation process will occur no later than the 45th day after the elections.

CHAPTER VI

Election expenses and grants

Article two hundred and twenty-six.

1. The general administrators of the political parties, federations and coalitions are appointed in accordance with the provisions of article 174.1 of this Law.

2. The application administrators in each province are appointed, in accordance with the provisions of Article 174.2, before the 21st day after the call for elections.

Article two hundred and twenty-seven.

1. The State subsidizes the expenses incurred by the electoral activities according to the following rules:

a) 2,000,000 pesetas for each seat obtained.

(b) 70 pesetas for each of the votes obtained for each candidacy, one of whose members at least had obtained a seat of Deputy.

2. For the elections to the European Parliament, the limit of the electoral costs shall be that of multiplying by 35 pesetas the number of inhabitants corresponding to the population of law of the electoral sections in which the applications.

3. The quantities referred to in the preceding paragraphs refer to constant pesetas. By Order of the Ministry of Economy and Finance, the updated amounts are fixed within five days of the call for elections. "

Third item.

The following transitional provision is added to the Organic Law of the General Electoral Regime:

" Sixth.-As provided for in Articles 57.3, 61, 64, 67 and 127, for the first elections to the European Parliament, and provided that the assumption provided for in Article 63.5 of this Law is not assumed, it is understood by "last equivalent elections" of the Congress of Deputies. "

FINAL DISPOSITION

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.

Palacio de la Zarzuela, Madrid, 2 April 1987.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ