Constitution of the Kingdom of Spain (1978, as amended 2011) (excerpts related to State of Emergency) (English)
Constitution of the Kingdom of Spain
(excerpts)
[...]
Section 55
1. The rights recognized in sections 17 and 18, subsections 2 and 3, sections 19 and
20, subsection 1, paragraphs a) and d), and subsection 5; sections 21 and 28,
subsection 2, and section 37, subsection 2, may be suspended when a state of
emergency or siege (martial law) is declared under the terms provided in the
Constitution. Subsection 3 of section 17 is excepted from the foregoing
provisions in the event of the declaration of a state of emergency.
2. An organic act may determine the manner and the circumstances in which, on an
individual basis and with the necessary participation of the courts and proper
parliamentary control, the rights recognized in section 17, subsection 2, and 18,
subsections 2 and 3, may be suspended for specific persons in connection with
investigations of the activities of armed bands or terrorist groups.
Unwarranted or abusive use of the powers recognized in the foregoing organic
act shall give rise to criminal liability as a violation of the rights and freedoms
recognized by the laws.
[...]
Section 116
1. An organic act shall make provision for the states of alarm, emergency and siege
(martial law) and the powers and restrictions attached to each of them.
2. A state of alarm shall be proclaimed by the Government, by means of a decree
agreed in Council of Ministers, for a maximum period of fifteen days. The
Congress shall be informed and must meet immediately, and without its
authorization the said period may not be extended. The decree shall specify the
territory to which the effects of the proclamation apply.
3. A state of emergency shall be proclaimed by the Government by decree agreed
in Council of Ministers, after prior authorization by the Congress. The
authorization for and proclamation of a state of emergency must specifically
state the effects thereof, the territory to which it is to apply and its duration,
which may not exceed thirty days, subject to extension for a further thirty-day
period, with the same requirements.
4. A state of siege (martial law) shall be proclaimed by overall majority of Congress
solely on the Government's proposal. Congress shall determine its territorial
extension, duration and terms.
5. The Congress may not be dissolved while any of the states referred to in the
present section remains in force, and if the Houses are not in session, they shall
be automatically convened. Their functioning, as well as that of the other
constitutional State authorities, may not be interrupted while any of these
states is in force.
If, in the event that the Congress has been dissolved or its term has expired, a
situation giving rise to any of these states should occur, the powers of the
Congress shall be assumed by its Permanent Deputation.
6. Proclamation of states of alarm, emergency and siege shall not affect the
principle of liability of the Government or its agents as recognized in the
Constitution and the laws.
[...]