Article 81.1 of the Spanish Constitution says: "Organic laws are those related to the development of fundamental rights and public liberties, those that approve Statutes of Autonomy and the general electoral regime, and others foreseen in the Constitution." In compliance with this, Organic Laws include the following:
Those that develop the fundamental rights and public liberties mentioned in Articles 15–29 of the Constitution). An example is the Organic Law of Education that expands upon Article 27 of the Constitution.
The general electoral regime, currently regulated by Ley Orgánica 5/1985, adopted 19 June 1985.
"…others foreseen in the Constitution." There are a number of matters in the Constitution that presume development by laws. In some cases it is explicit that these are to be developed by Organic Law. For example:
Approval
The Constitution, in Article 81.2, says: "The approval, modification or derogation of organic laws requires an absolute majority of the Congress, in a final vote over the entire project." That is to say, an organic law is presented as a project or as a proposition of law and must follow the same parliamentary procedures as an ordinary law. As the Constitution indicates, the principal difference in the process is that the Congress of Deputies must make a final vote, at the end of the entire process, where the law must obtain an absolute majority to be approved; for ordinary laws, this final vote is not required. Article 87 of the Constitution establishes who may take legislative initiative to put a project or proposal of law before the Cortes. Article 87.3 says, "An organic law will regulate the forms of exercise and requisites for a popular initiative for the presentation of propositions of law. In all cases, no fewer that 500,000 accredited signatures will be required. There shall be no such initiative in matters proper to organic law, treaties or laws of international character, nor in relation to the prerogative of mercy." Therefore, the government, the Congress, the Senate and the legislative assemblies of the autonomous communities can initiate the legislative processes that lead to the approval of an organic law ; in contrast, popular initiatives are not permitted in this area.
In its more than 25 years existence, the Constitutional Court of Spain has made a particularly restrictive interpretation of the matters susceptible to regulation by organic law. The relation of organic law with ordinary law is not a hierarchical relationship but one of competency.
