Statute of Autonomy of 1979
1. The Government of Catalonia is made up of the Parliament, the President of the Government of Catalonia and the Executive council or Government.
2. The laws of Catalonia will determine the operation of these institutions, in accordance with the Constitution and this Statute.
Chapter I
The Parliament
Article 30
1. The Parliament represents the people of Catalonia and exercises the legislative power, approves budgets, supports and monitors the political action of the government and exercises the other powers attributed to it by the Constitution and, in accordance with the Constitution and with the Statute, by laws approved by the Parliament itself.
2. The Parliament is inviolable.
3. The Parliament is based in the city of Barcelona, but it may hold meetings in other places in Catalonia in the form and under the conditions determined by law.
Article 31
1. The Parliament will be elected for a term of four years by universal, free, equal, direct and secret suffrage, in accordance with the electoral law approved by the Parliament itself. The electoral system will be proportional representation and will ensure the most appropriate representation of all areas of the territory of Catalonia.
2. The members of the Parliament of Catalonia will be inviolable concerning the votes and opinions they utter in the exercise of their duties. During their mandate they may not be arrested or detained for criminal acts committed on Catalan territory, unless caught in the act, and in all cases it will be the task of the High Court of Justice of Catalonia to decide on their guilt, imprisonment, trial and judgment. Outside this territory, criminal liability may be demanded under the same terms before the Chamber of Criminal Justice of the Supreme Court.
3. Members of parliament will not be subject to mandatory instructions.
Article 32
1. The Parliament will have a speaker, a presiding committee and a permanent representative committee. Parliamentary regulations will govern their composition and election.
2. The Parliament will operate in full sessions and in committees. The permanent committees may draw up and approve laws, without prejudice to the right of the full session to call these in for debate and approval at any point during the legislative process.
3. The Regulations will specify the minimum number of members for the formation of official Parliamentary groups, the intervention of these in the legislative process and the functions of the committee formed by their spokespersons. The Parliamentary Groups will take part in all committees in proportion to their number of members.
4. The Parliament will meet in ordinary and extraordinary sessions. The extraordinary sessions will be called by the Speaker by agreement of the permanent representative committee or at the request of a quarter of the members or of the number of Parliamentary groups determined by the regulations. It will also meet in extraordinary session at the request of the President of the Government of Catalonia.
5. In order for resolutions to be valid, both in full sessions and committees, they must be adopted in meetings held in accordance with the regulations, with the attendance of the majority of members and by approval of the majority of those present, except for cases when the regulations or the law require a larger quorum.
6. The legislative initiative is the task of the members of Parliament, the Executive council or Government and, under the terms established by a law in Catalonia, the political bodies representing the supra-municipal territorial organisational units of Catalonia. The popular initiative to present Bills to be processed by the Parliament of Catalonia will be governed by the Parliament under a law, in accordance with the provisions laid down by the Act of Parliament established in article 87, 3, of the Constitution.
Article 33
1. The Parliament of Catalonia will exercise legislative powers through the drafting of laws. This power may only be delegated to the Executive council or government under the same terms as for delegation by the Spanish Parliament to the Government established in articles 82, 83 and 84 of the Constitution.
2. The laws of Catalonia may be promulgated, in the name of the King, by the President of the Government of Catalonia, who will order their publication in the official gazette of the Government of Catalonia within fifteen days of their approval, and in the official gazette of the Spanish Government. The date of their publication in the official gazette of the Government of Catalonia will be effective for the purposes of their becoming law. The official version in Spanish will be the one of the Government of Catalonia.
Article 34
It is also the task of the Parliament of Catalonia:
1. To appoint the senators who will represent the Government of Catalonia in the Senate. The appointment will have to be made at a specific session for this matter and in proportion to the number of members of each parliamentary group. The senators appointed in accordance with this article will have to be members of the Parliament of Catalonia and will leave their posts as senators when they cease to become members of Parliament, apart from the provisions in the Constitution on this matter.
2. To draw up Bills to be presented to the presiding committee of the lower house of the Spanish Parliament and to appoint a maximum of three members of Parliament charged with supporting such Bills.
3. To request the Spanish Government to adopt a Bill.
4. To lodge an appeal claiming unconstitutionality and to appear before the Constitutional Court in conflicts of competence referred to in part c) of point 1 of article 161 of the Constitution.
Article 35
Without prejudice to the institution provided for in article 54 of the Constitution and to co-ordination with it, the Parliament may appoint an Ombudsman to protect the basic public rights and freedoms of citizens, for the purposes of which he or she may oversee the activities of the administration of the Catalan government. A Catalan law will establish the organisation and operation of this post.
Chapter II
The President
Article 36
1. The President will be elected by the Parliament from among its members and appointed by the King.
2. The President of the Government of Catalonia directs and co-ordinates the action of the Executive council or Government and is the highest level representative of the Government of Catalonia and the ordinary representative of the Spanish State in Catalonia.
3. The President may temporarily delegate executive functions to a Minister.
4. In all cases, the President will be politically responsible before the Parliament.
5. A Catalan law will determine the form of election of the President, the personal statute governing the office and its powers.
Chapter III
The Executive council or Government
Article 37
1. The Council, the collegiate body of government with executive and administrative functions, will be regulated by Catalan law, which will determine its composition, the statute governing it, the form of appointment and removal of its members and their attributions.
2. The Executive council will be jointly politically answerable to the Parliament, without prejudice to the direct responsibility of each Minister for his or her official actions.
3. The Council will be based in the city of Barcelona, and the bodies, services and dependencies belonging to it may be established in different places in Catalonia in accordance with criteria of decentralisation, deconcentration and co-ordination of functions.
4. All the rules, provisions and acts issued by the Executive council or Government and the Administration of the Government of Catalonia which so require will be published in the official gazette in the Government of Catalonia. This publication will be sufficient, for all purposes, for acts to become valid and for the provisions and regulations of the Government of Catalonia to come into force. In relation to publication in the official gazette of the Spanish Government, attention must be paid to the provisions of the corresponding Spanish regulation.
Article 38
The President of the Government of Catalonia and the Ministers may not be arrested or detained during their period in office for criminal acts committed on Catalan territory unless caught in the act and, in all cases, the High Court of Justice of Catalonia will decide on their guilt, imprisonment, trial and judgment. Outside this territory, criminal responsibility may be demanded under the same terms before the Criminal Justice Chamber of the Supreme Court.
Article 39
The Executive council may lodge appeals of unconstitutionality. It may also, on its own initiative or by prior agreement of the Parliament, appear before the Constitutional Court in conflicts of competence referred to in part c) of point 1 of article 161 of the Constitution.
Chapter IV
Concerning control of the Government of Catalonia
Article 40
1. The laws of Catalonia will be excluded from administrative dispute appeals and will only be subject to control of their constitutionality exercised by the Constitutional Court.
2. Appeals may be presented against the acts, resolutions and regulations issued by the executive and administrative bodies of the Government of Catalonia before the administrative dispute courts.
Article 41
Without prejudice to the provisions of part 1 of the previous article, a Catalan law will create and regulate the operation of a consultative body which will decide, in the cases determined by the same law, whether bills or proposed laws submitted for debate and approval by the Parliament of Catalonia comply with this Statute. The lodging of an appeal of unconstitutionality before the Constitutional Court by the Executive council or Government of Catalonia or by the Parliament of Catalonia will require a prior opinion from this body.
Article 42
Without prejudice to the provisions of article 136 and part d) of article 153 of the Constitution, the Audit Office of Catalonia, is established. A Catalan law will regulate its organisation and operation and will establish the guarantees, rules and procedures to ensure the presentation and auditing of the accounts of the Government of Catalonia, which will be submitted for the approval of Parliament.
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Home > Generalitat > Statute of Autonomy > Statute of Autonomy of 1979 > Section two: Concerning the Government of Catalonia (Articles 29-42)
Section two: Concerning the Government of Catalonia (Articles 29-42)
Article 291. The Government of Catalonia is made up of the Parliament, the President of the Government of Catalonia and the Executive council or Government.
2. The laws of Catalonia will determine the operation of these institutions, in accordance with the Constitution and this Statute.
Chapter I
The Parliament
Article 30
1. The Parliament represents the people of Catalonia and exercises the legislative power, approves budgets, supports and monitors the political action of the government and exercises the other powers attributed to it by the Constitution and, in accordance with the Constitution and with the Statute, by laws approved by the Parliament itself.
2. The Parliament is inviolable.
3. The Parliament is based in the city of Barcelona, but it may hold meetings in other places in Catalonia in the form and under the conditions determined by law.
Article 31
1. The Parliament will be elected for a term of four years by universal, free, equal, direct and secret suffrage, in accordance with the electoral law approved by the Parliament itself. The electoral system will be proportional representation and will ensure the most appropriate representation of all areas of the territory of Catalonia.
2. The members of the Parliament of Catalonia will be inviolable concerning the votes and opinions they utter in the exercise of their duties. During their mandate they may not be arrested or detained for criminal acts committed on Catalan territory, unless caught in the act, and in all cases it will be the task of the High Court of Justice of Catalonia to decide on their guilt, imprisonment, trial and judgment. Outside this territory, criminal liability may be demanded under the same terms before the Chamber of Criminal Justice of the Supreme Court.
3. Members of parliament will not be subject to mandatory instructions.
Article 32
1. The Parliament will have a speaker, a presiding committee and a permanent representative committee. Parliamentary regulations will govern their composition and election.
2. The Parliament will operate in full sessions and in committees. The permanent committees may draw up and approve laws, without prejudice to the right of the full session to call these in for debate and approval at any point during the legislative process.
3. The Regulations will specify the minimum number of members for the formation of official Parliamentary groups, the intervention of these in the legislative process and the functions of the committee formed by their spokespersons. The Parliamentary Groups will take part in all committees in proportion to their number of members.
4. The Parliament will meet in ordinary and extraordinary sessions. The extraordinary sessions will be called by the Speaker by agreement of the permanent representative committee or at the request of a quarter of the members or of the number of Parliamentary groups determined by the regulations. It will also meet in extraordinary session at the request of the President of the Government of Catalonia.
5. In order for resolutions to be valid, both in full sessions and committees, they must be adopted in meetings held in accordance with the regulations, with the attendance of the majority of members and by approval of the majority of those present, except for cases when the regulations or the law require a larger quorum.
6. The legislative initiative is the task of the members of Parliament, the Executive council or Government and, under the terms established by a law in Catalonia, the political bodies representing the supra-municipal territorial organisational units of Catalonia. The popular initiative to present Bills to be processed by the Parliament of Catalonia will be governed by the Parliament under a law, in accordance with the provisions laid down by the Act of Parliament established in article 87, 3, of the Constitution.
Article 33
1. The Parliament of Catalonia will exercise legislative powers through the drafting of laws. This power may only be delegated to the Executive council or government under the same terms as for delegation by the Spanish Parliament to the Government established in articles 82, 83 and 84 of the Constitution.
2. The laws of Catalonia may be promulgated, in the name of the King, by the President of the Government of Catalonia, who will order their publication in the official gazette of the Government of Catalonia within fifteen days of their approval, and in the official gazette of the Spanish Government. The date of their publication in the official gazette of the Government of Catalonia will be effective for the purposes of their becoming law. The official version in Spanish will be the one of the Government of Catalonia.
Article 34
It is also the task of the Parliament of Catalonia:
1. To appoint the senators who will represent the Government of Catalonia in the Senate. The appointment will have to be made at a specific session for this matter and in proportion to the number of members of each parliamentary group. The senators appointed in accordance with this article will have to be members of the Parliament of Catalonia and will leave their posts as senators when they cease to become members of Parliament, apart from the provisions in the Constitution on this matter.
2. To draw up Bills to be presented to the presiding committee of the lower house of the Spanish Parliament and to appoint a maximum of three members of Parliament charged with supporting such Bills.
3. To request the Spanish Government to adopt a Bill.
4. To lodge an appeal claiming unconstitutionality and to appear before the Constitutional Court in conflicts of competence referred to in part c) of point 1 of article 161 of the Constitution.
Article 35
Without prejudice to the institution provided for in article 54 of the Constitution and to co-ordination with it, the Parliament may appoint an Ombudsman to protect the basic public rights and freedoms of citizens, for the purposes of which he or she may oversee the activities of the administration of the Catalan government. A Catalan law will establish the organisation and operation of this post.
Chapter II
The President
Article 36
1. The President will be elected by the Parliament from among its members and appointed by the King.
2. The President of the Government of Catalonia directs and co-ordinates the action of the Executive council or Government and is the highest level representative of the Government of Catalonia and the ordinary representative of the Spanish State in Catalonia.
3. The President may temporarily delegate executive functions to a Minister.
4. In all cases, the President will be politically responsible before the Parliament.
5. A Catalan law will determine the form of election of the President, the personal statute governing the office and its powers.
Chapter III
The Executive council or Government
Article 37
1. The Council, the collegiate body of government with executive and administrative functions, will be regulated by Catalan law, which will determine its composition, the statute governing it, the form of appointment and removal of its members and their attributions.
2. The Executive council will be jointly politically answerable to the Parliament, without prejudice to the direct responsibility of each Minister for his or her official actions.
3. The Council will be based in the city of Barcelona, and the bodies, services and dependencies belonging to it may be established in different places in Catalonia in accordance with criteria of decentralisation, deconcentration and co-ordination of functions.
4. All the rules, provisions and acts issued by the Executive council or Government and the Administration of the Government of Catalonia which so require will be published in the official gazette in the Government of Catalonia. This publication will be sufficient, for all purposes, for acts to become valid and for the provisions and regulations of the Government of Catalonia to come into force. In relation to publication in the official gazette of the Spanish Government, attention must be paid to the provisions of the corresponding Spanish regulation.
Article 38
The President of the Government of Catalonia and the Ministers may not be arrested or detained during their period in office for criminal acts committed on Catalan territory unless caught in the act and, in all cases, the High Court of Justice of Catalonia will decide on their guilt, imprisonment, trial and judgment. Outside this territory, criminal responsibility may be demanded under the same terms before the Criminal Justice Chamber of the Supreme Court.
Article 39
The Executive council may lodge appeals of unconstitutionality. It may also, on its own initiative or by prior agreement of the Parliament, appear before the Constitutional Court in conflicts of competence referred to in part c) of point 1 of article 161 of the Constitution.
Chapter IV
Concerning control of the Government of Catalonia
Article 40
1. The laws of Catalonia will be excluded from administrative dispute appeals and will only be subject to control of their constitutionality exercised by the Constitutional Court.
2. Appeals may be presented against the acts, resolutions and regulations issued by the executive and administrative bodies of the Government of Catalonia before the administrative dispute courts.
Article 41
Without prejudice to the provisions of part 1 of the previous article, a Catalan law will create and regulate the operation of a consultative body which will decide, in the cases determined by the same law, whether bills or proposed laws submitted for debate and approval by the Parliament of Catalonia comply with this Statute. The lodging of an appeal of unconstitutionality before the Constitutional Court by the Executive council or Government of Catalonia or by the Parliament of Catalonia will require a prior opinion from this body.
Article 42
Without prejudice to the provisions of article 136 and part d) of article 153 of the Constitution, the Audit Office of Catalonia, is established. A Catalan law will regulate its organisation and operation and will establish the guarantees, rules and procedures to ensure the presentation and auditing of the accounts of the Government of Catalonia, which will be submitted for the approval of Parliament.
