Constitution of Kingdom of Spain (1978) (excerpts related to Freedom of Association) (English)
[excerpts]
Spanish Constitution of 27 December 1978
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Section 7
Trade unions and employers associations contribute to the defence and promotion of the economic and social interests which they represent. Their creation and the exercise of their activities shall be free in so far as they respect the Constitution and the law. Their internal structure and their functioning must be democratic.
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Section 21
1. The right to peaceful unarmed assembly is granted. The exercise of this right shall not require prior authorization.
2. In the case of meetings in public places and of demonstrations, prior notification shall be given to the authorities, who can only forbid them when there are well founded grounds to expect a breach of public order, involving danger to persons or property.
Section 22
1. The right of association is granted.
2. Associations which pursue ends or use means legally defined as criminal offences are illegal.
3. Associations set up on the basis of this section must be entered in a register for the sole purpose of public knowledge.
4. Associations may only be dissolved or have their activities suspended by virtue of a court order stating the reasons for it.
5. Secret and paramilitary associations are prohibited.
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Section 28
1. All have the right to freely join a trade union. The law may restrict or except the exercise of this right in the Armed Forces or Institutes or other bodies subject to military discipline, and shall lay down the special conditions of its exercise by civil servants. Trade union freedom includes the right to set up trade unions and to join the union of one's choice, as well as the right of trade unions to form confederations and to found international trade union organizations, or to become members thereof. No one may be compelled to join a trade union.
Section 29
1. All Spaniards shall have the right to individual and collective petition, in writing, in the manner and subject to the consequences to be laid down by law.
2. Members of the Armed Forces or Institutes or bodies subject to military discipline may only exercise this right individually and in accordance with statutory provisions relating to them.
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Section 55
1. The rights recognized in … sections 21 and 28, 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.
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Section 103
3. The law shall lay down the status of civil servants, the entry into the civil service in accordance with the principles of merit and ability, the special features of the exercise of their right to union membership, the system of incompatibilities and the guarantees regarding impartiality in the discharge of their duties.
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Section 105
The law shall make provision for:
a) The hearing of citizens, directly, or through the organizations and associations recognized by the law, in the process of drawing up the administrative provisions which affect them…
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Section 127
1. Judges and magistrates as well as public prosecutors, whilst actively in office, may not hold other public office nor belong to political parties or unions. The law shall make provision for the system and methods of professional association for judges, magistrates and prosecutors.
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Section 131
2. The Government shall draft planning projects in accordance with forecasts supplied by Self-governing Communities and with the advice and cooperation of unions and other professional, employers' and financial organizations. A council shall be set up for this purpose, whose membership and duties shall be laid down by the law.
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Section 159
4. Membership of the Constitutional Court is incompatible with any position of a representative nature, any political or administrative office, a management position in a political party or a trade union as well as any employment in their service, active service as a judge or prosecutor and any professional or business activity whatsoever.
Incompatibilities for members of the Judicial Power shall also apply to members of the Constitutional Court.