To explain how the Parliamentary procedure is carried out, we are going to explain the procedure of the approbation of the Law 13/2005, modification of the Civil Code in matter of the right of citizens to marriage (the law that rules the freedom of marriage for homosexuals).

Though the existence of a negative inform from the State Council, the government presented the project of law of modification of the Civil Code in matter of the right of citizens to marriage .The presentation took place on 1st October 2004. All parliamentary groups with the exception of the Partido Popular and the deputies of Unión Democrática de Cataluña were according with the reform. The law was approved in the Congress of the Deputies on 21st April 2005, with 183 favorable votes, 136 votes’ againts the proposal and three abstentions.

After the approbation of the Congress of Deputies, the project of law was sent to the Senate.

What is the function of the Senate?

The Spanish parliamentary system is bicameral but asymmetric. In the lawmaking process, any of the chambers can be the initiator. In case of initiation by the Senate, the proposals are sent to the Congress of Deputies for procedure and approbation or reject. In case of initiation by the Congress of Deputies (most of laws or reforms of law come from proposal of the Congress), the proposals, after the approbation of the Lower Chamber are sent to the Senate to continue the parliamentary procedure. The Senate can present the veto, then, the proposal is sent back to the lower house, which can override these objections by an absolute majority vote, or after two months of the devolution, with the simple majority vote.

The law of the homosexual marriage, the proposal of veto presented by the Popular Partido, the senators of Unión Democrática de Cataluña and one senator from the Partido Aragonés was approved with 136 favorable votes and 119 votes’ againts the veto. The reform of the law was sent back to the Chamber of the Deputies.

On 30th June 2005 the text was voted again in the Congress of the Deputies and obtained the absolute majority. The lifting of the veto supposed the definitive approbation of the law.

Other examples of laws with veto in the Senate and sent back to the Congress of the Deputies for definitive approbation are:

Project of law for the Estate General Budget, 2005. Project of law for the Estate General Budget, 2008. Project of law for the sustainable development of the rural area. 2007.

In this point, we are going to make a question

Who are you going to vote for the Senate in next General Elections?

Really, it is not so much relevant, except for the Political Parties and the candidates themselves. It is important for the Political Parties because they receive an assignation, that is money, for the favorable votes and it is important for the candidates themselves because they obtain a desirable job.

But, what about the legislative function? Two situations are possible:

1 The mathematical distribution of seats in the Senate rarely differs in a relevant proportion from that of the Congress, then it is not foreseeable that the proposals of laws approved in the Congress can obtain a veto in the Senate, because it is well-known that our deputies and senators usually are subjected to the discipline of vote of their political parties and that is because if they are not obedient, they will not take part of any other candidature of the Party in the future.

2 In the few occasions that the Distribution of seats in the Senate differs in a relevant proportion from that of the Congress (legislatures 2004 and 2008 with majority of socialist deputies in the Congress and majority of popular senators in the Senate):

Do you think the Senate can present an effective veto to proposals of law?

The answer is not. The Senate can present the veto, but the proposal of law will come back to the Congress and will be approved immediately with an absolute majority or after two months with a simple majority, which it is at least the starting point.

RELATION OF HUMBER OF SEATS OBTAINED IN THE LEGISLATIVE CHAMBERS BY THE TWO MAJORITARY POLITICAL PARTIES IN SPAIN SINCE 1982 .

PSOE PP

Congress Senate Congress Senate

1982 202 134 107 54

1986 184 124 105 63

1989 175 107 107 78

1993 159 96 141 93

1996 141 81 156 112

2000 125 53 183 127

2004 164 81 148 102

2008 169 88 154 101

2011 110 48 186 136