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Workgroup

Constitutional reform

Why?

On the 40th anniversary of the approval of the 1978 Constitution, the need to reform and adapt it became evident. To this was added a perception of institutional crisis and the need for regeneration that was revealed in the appearance of new political actors. Finally, a serious crisis of territorial integration that specifically affects Catalonia provided a final reason for the need to propose a modification of the Constitution. This is why it is imperative for our civil society to actively collaborate in the debate and in the Constitutional Reform proposals, and FIDE has become the ideal debate platform for this.

Analysis areas

Territorial organization of the State

The representative model: The Cortes Generales as a body of political representation and the electoral system.

Fundamental rights

Steps

Constitutional Reform III

This new stage is focused on the analysis of a possible constitutional reform regarding DDFF. During academic year 20-21 we have analyzed the following subjects:

  • Opening session May 25"Fundamental Rights and Covid-19 "

Speaker: Miguel Angel Presno Linera, Professor of Constitutional Law, University of Oviedo

  •  Session June 25: "Limitation of fundamental rights in a health emergency: balance and perspectives"

Speakers: Fabio Mateo Easter, Lawyer of the Courts and expert in European electoral law and Francisco Velasco Caballero, Professor of Administrative Law, Autonomous University of Madrid

  • Session September 15: "Questions about the right to freedom of expression and its constitutional protection"

Speaker: Juan Martinez Calvo, Partner responsible for the infrastructure and energy area at Simmons & Simmons

  • Session October 21: "The misinformation"

Speakers: Miguel Angel Ballesteros Martin, Director of the Spanish Institute for Strategic Studies, Ministry of Defense and Santiago Soldevila Fragoso, Magistrate of the National Court

  • Session December 3: "The right to privacy in the digital world"

Speaker: Ricard Martínez Martínez, Director of the Chair of Privacy and Digital Transformation at the University of Valencia

  • Session February 11: "Religious freedom and the neutrality of the State"

Speakers: Julio Martínez, Doctor of Theology from the Universidad Pontificia Comillas and Victor Vazquez, Professor of Constitutional Law University of Seville

  • March 23 session: "The right to education"

Speaker: Maria Isabel Alvarez, Doctor of Law and Professor of Constitutional Law at the Faculty of Law of the Universidad Pontificia Comillas and Alejandro Tiana Ferrer, Secretary of State for Education, Ministry of Education and Vocational Training

The WG continues its work in the course 21-22, and we will shortly detail the subjects under analysis during these dates.

Constitutional Reform II

The study of the electoral system and its possible reform is a key element within Constitutional Law. This group, which has continued working, has focused the debate in its second stage on The representative model: The Cortes Generales as a body of political representation and the electoral system. Possible reforms. 

I.-The electoral districts. The province, the autonomous community, the sole district
II.- Electoral barriers: their need, their effects, their consideration at the provincial, regional or national level. 
III.- The introduction of mechanisms that strengthen the relationship between elector and elected
IV The electoral formula.
V.- Other elements of the electoral system: age, ability to vote, electronic vote, vote by mail and vote abroad.
VI.- Mechanisms to facilitate majorities in the constitution of the government.
VII.-The electoral system and the party system.

Have participated in this working group: 

  • Mariano Bacigalupo Saggese, University Professor, Department of Administrative Law of the UNED. Member of the Academic Council of Fide.
  • Ignacio Borrajo Iniesta, University Professor in Law (Public University of Navarra, se)
  • Ismael Clemente Orrego, Economist
  • Maria Garrote de Marcos, Contracted Professor Doctor (ERI), Academic Secretary of the Department of Constitutional Law, Complutense University
  • Maximino Linares Gil, State Attorney on leave
  • Luis Fabián Márquez Sánchez, President, Analysts of Industrial Relations SA (Arinsa) and Lawyer
  • Juan Martínez Calvo, Partner responsible for the infrastructure and energy area, Simmons & Simmons
  • Salvador Ruiz Gallud, Managing Partner, Economic Team
  • Angel Sánchez Navarro, Professor of Constitutional Law at the Complutense University
  • José Enrique Serrano, Professor of Labor Law, Complutense University of Madrid
  • Manuel Silva Sánchez, Roca Junyent Consulting Partner, State Attorney
  • Santiago Soldevila Fragoso, Former lawyer of the Constitutional Court
  • Juan Velázquez Sáiz, Lawyer, former professor of Constitutional Law at the Instituto de Empresa
  • Elena Veleiro Couto, Partner of Pérez-Llorca Abogados, State Attorney
  • Ainhoa ​​Uribe Otalora, Vice Dean, Professor and Academic Coordinator of the simultaneous Degree in Law and Political Science, CEU San Pablo University.

 

All the people who have participated in this Fide working group have done so in a personal capacity and not on behalf of the entities, offices, Universities or companies, where they carry out their professional work, so these conclusions do not reflect and They do not collect institutional but specific positions of each one of the members of the group.

Reflections on electoral reform

Conclusions Document.

Posted on January 27, 2020.

Constitutional Reform I

The Working Group met over a year, in six working sessions, from February 2017 to January 2018, in which issues related to a consensual reform of the Constitution in matters of territorial organization of the State were analyzed.

On the 40th anniversary of the approval of the 1978 Constitution, the need to reform and adapt it became evident. To this was added a perception of institutional crisis and the need for regeneration that was revealed in the appearance of new political actors. Finally, a serious crisis of territorial integration that specifically affects Catalonia provided a final reason for the need to propose a modification of the Constitution. This is why it is imperative for our civil society to actively collaborate in the debate and in the Constitutional Reform proposals, and FIDE has become the ideal platform for this debate.

In the document, they indicate, among other issues, the following:

  1. The territorial organization system of our Constitution, without prejudice to the validity of its general principles, is susceptible to improvement in the sense of achieving a better balance between the principles of unity and autonomy, and at the same time making it more efficient and austere in terms of public governance.
  2. The system of attribution of competences between the State and the Autonomous Communities must be simplified in such a way that the attributions of competences are clearer and possibilities of later modifications are closed. This would require the modification of arts. 149.3, 147, 148 and 150 fundamentally.
  3. In this new general framework that is proposed, of closing the system of attribution of powers, it is also necessary to delve into the question of what powers should be attributed to the Autonomous Communities and which to the general institutions of the State, opening the possibility of modifications (in both directions) in those currently assigned.
  4. The Constitution should allow the provincial plant to adapt to the existence of the Autonomous Communities, which should lead to the flexibility of the condition of the province as a mandatory demarcation in all Autonomous Communities, a mandatory electoral district and a demarcation of state activity.
  5. The bases of the financing system of the Autonomous Communities must be constitutionalized. The State must ensure a common financing of the provision of fundamental public services compatible with a second level of expenditure in which the full financial autonomy of the Autonomous Communities is guaranteed. The funds intended to correct economic imbalances must cover all the Autonomous Communities and be managed in a more transparent and objective way, principles that must also be applied to the Basque and Navarrese quota setting system. The Constitution must prevent the Autonomous Communities that contribute resources in net terms to the system from ending up with less financial capacity per inhabitant than the receiving Communities.
  6. The role of the Senate must be reformed, so that it is an institution that truly performs functions of territorial integration, completely modifying its structure and operation. The model that is proposed to be followed for these purposes would be that of the Council of the European Union or the German Bundesrat, in such a way that the Senate would be formed with delegates from the Autonomous Governments who would act with weighting of votes. Their functions should be reinforced, specifically in matters in which the execution corresponds to the Autonomous Communities.
  7. In parallel, the Congress of Deputies must ensure that it is a chamber of representation of the general interests, which would require the reform of the electoral system in terms that deserve a more detailed reflection at a later time.
  8. Finally, new instruments for cooperation and collaboration between the central State and the Autonomous Communities must be introduced by modifying articles such as 137, 145 or 153 of the Constitution.

Have participated in this working group: 

  • Juan Luis Aragonés, Lawyer of Sacyr;
  • Gaspar Ariño Ortiz, Professor of Administrative Law. President of Ariño y Villar, Lawyers;
  • Mariano Bacigalupo Saggese, Professor of the University, Department of Administrative Law of the UNED;
  • Ignacio Borrajo Iniesta, University Professor in Law (Public University of Navarra, se);
  • Ismael Clemente Orrego, Economist;
  • Tomás de la Quadra-Salcedo Fernández del Castillo, Emeritus Professor of Administrative Law, Universidad Carlos III;
  • Julio Fuentes Gomez, Civil Administrator of the State;
  • Santiago Hurtado Iglesias, State Attorney on leave. Deloitte Legal Partner;
  • Maximino Linares Gil, State Attorney on leave;
  • Luis Fabian Marquez Sánchez, President, Analysts of Industrial Relations SA (Arinsa) and Lawyer;
  • Juan Martinez Calvo, Attorney, Partner, Deloitte Legal;
  • David Mellado Ramirez, Partner of PWC. State Attorney. Formerly Technical Secretary General of the Ministry of Finance and Public Administrations;
  • José Luis Piñar Mañas, Professor of Administrative Law at the Universities of Castilla-La Mancha (surplus) and CEU San Pablo. Lawyer;
  • Jose Antonio Rodriguez Alvarez, State Attorney. Partner of the Department of Procedural Law at Ashurst;
  • Luis Rodriguez Ramos, Professor of Criminal Law and Lawyer;
  • Salvador Ruiz Gallud, Managing Partner, Economic Team;
  • Angel Sánchez Navarro, Professor of Constitutional Law at the Complutense University;
  • Manuel Silva Sánchez, Roca Junyent Consulting Partner, State Attorney;
  • Santiago Soldevila Fragoso, Former lawyer of the Constitutional Court;
  • Javier Tajadura Tejada, Professor of Constitutional Law, University of the Basque Country;
  • Joaquín Tornos More, Professor of Administrative Law. Lawyer, Tornos Abogados;
  • Juan Velazquez Saiz, Professor of constitutional law at the Instituto de Empresa;
  • Elena Veleiro Couto, Counsel of Pérez-Llorca Abogados, State Attorney.

 

Fide thanks Mariano Bacigalupo Saggese, Professor at the University, Department of Administrative Law of the UNED and Juan Martinez Calvo, Lawyer, Partner, Deloitte Legal, the great co-direction work done, already Ignacio Borrajo Iniesta, Professor of University in Law (Public University of Navarra, se), having incorporated all the contributions of each of the members of the working group for the preparation of the conclusions document.

All the people who have participated in this Fide working group have done so in a personal capacity and not on behalf of the entities, offices, Universities or companies, where they carry out their professional work, so these conclusions do not reflect and They do not collect institutional but specific positions of each one of the members of the group.

Reflections for a constitutional reform: the reform of the territorial organization of the State

Conclusions Document.

Posted on March 12, 2018.

Group Directors

Mariano Bacigalupo Saggese

Professor of Administrative Law (UNED), former Lawyer of the Technical Cabinet of the General Council of the Judicial Power and member of the Academic Council of FIDE

Juan Martinez Calvo

Partner responsible for the infrastructure and energy area, Simmons & Simmons.
Academic coordination: Silvia Organista

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