Asamblea. Revista parlamentaria de la Asamblea de Madrid
The Asamblea Journal aims to be interdisciplinary, without losing sight of its origins as an essentially legal-public, constitutional and administrative Journal, focusing on Political, Constitutional, Administrative, Parliamentary and Regional Law. The Asamblea Journal is a biannual publication, published in June and December, in digital and paper format and follows an open access approach.
© Asamblea de Madrid. Los originales publicados son propiedad de la Asamblea de Madrid, siendo necesario citar la procedencia en cualquier reproducción parcial o total.
Elías Díaz. An old master for the reconstruction of reason
This paper aims to honor the transcendental figure of Elías Díaz, a «teacher of teachers» whose life and work were deeply intertwined with the history of Spain and the history of Spanish Philosophy of Law. From his model of committed intellectual, one of his main contributions lies in the effort for the «reconstruction of reason», key to the transition to democracy. His main contributions are organized around three major lines of research: the history of thought, legal philosophy, and political philosophy. In the philosophical-legal field, the author’s «critical realism» is proposed as an alternative to the iusnaturalism and legalistic positivism dominant in Spanish legal culture during Franco’s regime. In terms of political philosophy, his defense of real democracy as the ultimate criterion of legitimacy of power and his characterization of the Social and Democratic Rule of Law as a overcoming of the Social Rule of Law are highlighted. The relevance of his thought lies in its ability to address contemporary challenges to democracy and reason.
Democratic and social State under the rule of law
Copyright (c) 2025 Asamblea de Madrid https://creativecommons.org/licenses/by-nc-nd/4.0
Regarding the subjects in charge of the parliamentary administration and the procedure that should be followed to appeal for protection: regarding STC 82/2023, of July 3
Parliamentary Activity from July to December 2024 (XIII Legislature)
The purpose of monitoring the parliamentary activity carried out in the Madrid Assembly, the subject of this parliamentary chronicle, is to provide information covering the months of July through December 2024, which includes the third session of the 13th Legislature.
The power of material control of the popular legislative initiative by the bureau of the chambers in the admission process. Comentary to STC 143/2024, of december 20
In the judgment presented here, the Constitutional Court declares unconstitutional and null the agreement of the Bureau of the Parliament of Catalonia of February 20, 2024, by which it admitted for processing the popular legislative initiative regarding the Bill for the Declaration of the Independence of Catalonia. For the Constitutional Court, the agreement to qualify and admit for processing a popular legislative initiative is more than a procedural act, whose effects are limited to the Chamber. The agreement also demonstrates the institutional will of the Autonomous Community, which makes it susceptible to challenge before the Constitutional Court. Furthermore, the judgment considers that the qualification and admission for processing of a popular legislative initiative by the Bureau of the Legislative Assembly not only constitutes formal and substantive control of its purpose in accordance with the Constitution, sectoral legislation, and constitutional doctrine, but also delimits the exercise of the right to political participation enshrined in article 23 of the Spanish Constitution.
Life, Works and Memories of Elías Díaz (1934-2025)
The article reviews the life and work of Elías Díaz (1934-2025), including recollections of both the author studied and the author of the text. The explanation is organized chronologically, divided into seven periods, in which, along with his biography, commentaries on his work, memories, and anecdotes that reflect his personality are interspersed. Although the work of Elías Díaz can and is often divided into three parts —political philosophy, philosophy of law and the history of contemporary Spanish thought—, as a whole it responds to a line of thinking guided by the same coordinates: the reconstruction of reason through the recovery of the progressive liberal and democratic socialist thought of the 19th and 20th centuries, within the framework of the defence of a political conception anchored in the defence of the rule of law committed to democratic socialism —a subject that he studied in the influential pioneering work Estado de Derecho y sociedad democrática (1966)— and in an open positivist legal conception that he developed in his book Sociología y Filosofía del Derecho (1971).
Artificial Intelligence in the digital transformation of parliaments: in search of an ad hoc Governance model
This article presents a legal analysis of the interaction between artificial intelligence (AI) and personal data protection under the General Data Protection Regulation (GDPR) and the Artificial Intelligence Act (AI Act), with a specific application to parliamentary contexts. The paper is structured into five sections. First, it explores the core GDPR principles as applied to automated data processing. Second, it analyzes the AI Act’s structure, guiding principles, and obligations framework. Third, it addresses the practical challenges of regulatory implementation in parliaments, including the role of data protection officers and impact assessments. Fourth, it examines the dual function of parliaments as both users and regulators of AI, advocating for an ethical model of technological governance. Finally, it highlights the need for institutional synergy among legal advisors, archivists, and IT professionals to ensure the responsible adoption of disruptive technologies. The study concludes with a proposal for a normative governance framework that balances innovation with fundamental rights protection and legal certainty in the use of AI within parliamentary settings.
Piketty, Thomas y Sandel, Michael J. (2025). Igualdad. Qué es y por qué importa. España: Ed. Debate.
Review of: Piketty, Thomas y Sandel, Michael J. (2025). Igualdad. Qué es y por qué importa. España: Ed. Debate.
Council of Europe Member States that have ratified the European Landscape Convention have committed themselves to the integration of the landscape into territorial and urban planning policies and into their sectoral policies of territorial impact. This paper studies the assimilation of this regulation in the Spanish, national and regional legal systems, based on a historical evolution. It will be seen that the predominant model, despite appearances, continues to be the sectoral one, which has been beset in recent times by the pre-eminence of the renewable energy infrastructure sector.
Pendás García, Benigno (2024). Biografía de la Libertad (II). Barroco: el gran libro del mundo. Madrid: Tecnos.
Review of: Pendás García, Benigno (2024). Biografía de la Libertad (II). Barroco: el gran libro del mundo. Madrid: Tecnos.
Canales Aliende, José Manuel y Romero Tarín, Adela (2024). La educación ciudadana y la democracia. Alicante: Ed. Publicacions Universitat d´'Alacant.
Review of: Canales Aliende, José Manuel y Romero Tarín, Adela (2024). La educación ciudadana y la democracia. Alicante: Ed. Publicacions Universitat d'´Alacant.
The central and perifheral organs of the state in foreign relations
Contemporary states have made use of sovereignty to play a greater role in international relations in a globalised and interdependent world, in which foreign policy is directed not only between States, but also towards other subjects of international law. In the case of Spain, the Constitution has marked a transcendental change in foreign action based on a new framework of powers, in which new territorial entities come into play, as well as the impact of its presence in international forums (especially the European Union, the Council of Europe and the United Nations) and respect for international law. In this context, State bodies are classified as central and peripheral, where the former are made up of the Head of State (King or President of the Republic), the President of the Government (Head of Government or Prime Minister) and the Minister of Foreign Affairs, all of whose competencies acquire a double dimension, internal and external, since they not only form part of the State organisation but also assume the highest functions of representation, direction and management in the sphere of international relations. Secondly, and as a result of the previous classification, there are the peripheral or decentralised bodies, which make up the State’s pure diplomacy abroad, and are classified into diplomatic missions, consular offices, permanent representatives in international organisations and ad hoc missions that are carried out through special missions or delegations to international conferences.
The rule of law and the quality of legislative production
The quality of norms is identified as a crucial aspect of legal security; a relationship appreciated by the Constitutional Court itself. However, in the current context, we can observe a trend towards a loss of quality in normative production to the detriment of the mentioned security. Throughout the present study, some of the defects and bad practices that contribute to this degradation will be exposed, without intending to be exhaustive, to then analyze the reform proposals that have been put forward, as well as those that could be considered to ensure certainty, predictability, and clarity in the legal system.
The definition of «jurist of recognized prestige» and the legal standing of civil entities. Commentary on Supreme Court Judgment 5059/2023, of December 13
The Spanish Supreme Court judgment STS 5059/2023 addresses the challenge to Royal Decree 926/2022, which appointed Magdalena Valerio as President of the Council of State. This case was brought by the “Hay Derecho” Foundation, which contested the appointment, arguing that Valerio did not meet the legal requirements of being a "jurist of recognized prestige," as stipulated by Article 6.1 of Organic Law 3/1980. The judgment holds significant legal importance as it defines, for the first time, the concept of "legal prestige," establishing that it entails a professional trajectory of at least 15 years, public recognition, and mastery of legal expertise. The ruling also examines the “Hay Derecho” Foundation's standing to file the appeal, emphasizing that its work in defending the rule of law and promoting transparency in public administration grants it legitimate interest. This decision expands the concept of legal standing for civil organizations, enabling them to act as guardians of legality in administrative proceedings. Furthermore, the judgment highlights the necessity of adhering to objective and meritocratic criteria in the appointment of senior public officials, ensuring the independence, professionalism, and transparency of institutions. This decision not only sets a legal precedent but also encourages broader discussions on institutional reform, combating arbitrariness, and strengthening public trust in governmental bodies.
The prohibition of dicrimination against women as members of religious associations that display a dominant position. Commentary to STC 132/2024, of November 4 (BOE núm. 294, of december 6, 2024)
In the judgment we are commenting on, the Second Chamber of the Constitutional Court upholds the appeal filed against the judgment of the Civil Chamber of the Supreme Court of December 23, 2021 by a woman who had been denied the possibility of joining a brotherhood because the incorporation of women was not provided for in its statutes. The Constitutional Court considers that the Supreme Court’s decision is contrary to the right to non-discrimination based on gender, article fourteen of the Constitution, and to the right of association, article 22 of the Constitution, considering that the prohibition is not due to any religious or moral reason and that, although a private association can freely choose the requirements of its members, this power cannot imply discrimination based on sex if the association holds a dominant position in the economic, cultural, social or professional field, which would lead to a breakdown of women in these areas.
association, brotherhooh, right to non discrimanation based on sex
Copyright (c) 2024 Asamblea de Madrid https://creativecommons.org/licenses/by-nc-nd/4.0
Parliamentary Activity from June to December (XIII Legislature)
The purpose of monitoring the parliamentary activity carried out in the Madrid Assembly, the subject of this parliamentary chronicle, is to offer information related to the second session of the XIII Legislature, which runs from January to June, 2024.
Single legal personality and the probative value of administrative reports (A case of contradiction between two administrative reports. Commentary to STS 1567/2024, of October 8, 2024)
The regional regulation of the use of mobile and electronic devices in the school environment
The purpose of this work is to study the regulation that the Spanish Autonomous Communities have made regarding the use of mobile phones and other electronic devices in schools. Digitalization is an important factor of the modern education system. This digitalization has provided obvious advantages in the training of students, but it has also been the cause of serious difficulties. There are problems that affect their academic performance, their socialization, the maintenance of discipline in the classrooms and the presence of cyberbullying, and even their health. The Autonomous Communities have deemed it necessary to limit the freedom to use mobile phones and other electronic devices in the school environment. Regional law has developed the state legal provisions, regulating the spaces, moments and educational stages to which the prohibition extends. Exceptions are also provided in which the use of these personal devices is tolerated for justified reasons. The regional regulations provide for corrective measures, especially the possibility of removing the mobile phone or device from a student who does not comply with the rules of use. Finally, the question arises as to what response the legislator should give to achieve rational use of electronic devices in schools. The regulations of the Autonomous Communities seem to be committed to promoting the education, training and advice of all members of the educational community. Therefore, it is about raising awareness among students, teachers and families of the need to have an active role in this field.
The meaning of parliamentary research services
Information resources are required for the adequate performance of parliamentary functions. There are multiple and varied sources and ways in which this information arrives and moves in parliaments. Among them we may distinguish the parliamentary investigation services. This paper seeks, firstly, to identify and reflect on the specific information needs of the parliamentary institutions to which these services must respond, analysing some of the main studies dedicated to the subject in the last decades. Secondly, it identifies some features that may be used to characterise parliamentary research services and the products they develop, as well as to distinguish them from other information providers, with particular attention to accuracy, relevance and trustworthiness; independence, impartiality and neutrality; and conciseness, easy and fast access and proper adaptation to the needs and characteristics of parliamentarians. Finally, the main products and services they usually provide are pointed out.
Contentious-administrative appeal, second instance and effective protection
The aim of this paper is to analyse the regulation of the contentious-administrative appeal and its interpretation and application by the national courts and the European Court of Human Rights from the perspective of the rights and guarantees of citizens relating to a fair trial.
Martínez Sanchís, José Ángel (2023). La autonomía de las personas con discapacidad. Reflexiones en torno a la Ley 8/2021. Ed. Kinnamon. Santa Cruz de Tenerife.
Review of: Martínez Sanchís, José Ángel (2023). La autonomía de las personas con discapacidad. Reflexiones en torno a la Ley 8/2021. Ed. Kinnamon. Santa Cruz de Tenerife.
Freixes Sanjuán, Teresa (2024). En defensa de la Transición. La importancia del consenso de 1978 y su adaptación a los nuevos desafíos. Con prólogo de Alfonso Guerra. Ed. Almuzara
Review of: Freixes Sanjuán, Teresa (2024). En defensa de la Transición. La importancia del consenso de 1978 y su adaptación a los nuevos desafíos. Con prólogo de Alfonso Guerra. Ed. Almuzara.
Unconstitutional constitutional amendments? An approach to the doctrine of implicit material limits in the Spanish legal system
Since constitutional amendment is an essential mechanism of constitutional defense, the power of amendment is subject to formal and material limits. As the Spanish Constitution lacks intangibility clauses, this study addresses the doctrine of the material limits implicit in our constitutional order. The jurisprudential recognition of these limits would allow us to judge the material constitutionality of the norms of constitutional reform, a current controversy in constitutional law.
Cuenca Miranda, A. (Coord.) (2024). Momentos estelares del Parlamento a lo largo de la historia. Ed. Congreso de los Diputados.
Review of: Cuenca Miranda, A. (Coord.) (2024). Momentos estelares del Parlamento a lo largo de la historia. Ed. Congreso de los Diputados.
The execution of the resolution by which finishes the economic-administrative procedure and its consequences
This paper analyzes, in light of the recent jurisprudence issued by our courts of justice (and, in particular, taking into account the recent pronouncements issued by the Supreme Court), the different issues and situations that may arise when it comes to proceed to execute the Resolution issued by an Economic-Administrative Court, once the administrative review procedure is completed.
Parliaments more transparents, Open parliaments
The evolution of the contemporary State and of the institutions that exercise its powers is moving towards unprecedented standards where, essentially, greater openness to society is being imposed. Disaffection with the public sphere is largely explained by the progressive distancing of the elected officials from the electorate and, in part, by episodes of corruption that have generated distrust among citizens. Like other bodies, parliaments are undergoing a process of approaching society, subjecting themselves to the regulations of transparency and access to information and to new demands for accountability and integrity. In this paper we analyze the treatment of these institutions in the Spanish regulations governing these matters and the proposals to reform them, and also from the perspective of what will probably be the First Open Parliament Plan in Spain. All this will be done within the framework of international trends in the transformation of parliaments.
Todas las despedidas llegan demasiado pronto, pero la de nuestra querida Secretaria General ha sido dolorosamente prematura. Tatiana Recoder Vallina falleció el pasado 19 de junio.
Genesis and operationalization of the Recovery and Resilience Facility (RRM) in Spain
The approval, by the European institutions, of «Next Generation EU», as a response to the crisis derived from the COVID 19 pandemic, can be considered a milestone in the European construction process. Not only that decision allowed to rectify previous mistakes (such as those derived of the uneducated response to the financial crisis starting in 2008), but also, it constituted a solidarity and common reaction of the entire Union. From this financial package named Next Generation EU, emerged the «Recovery and Resilience Mechanism» (MRR), which in Spain took shape as the «Recovery, Transformation and Resilience Plan» (PRTR). This Plan, which was definitively approved on July 13, 2021, will be implemented until 2026 and represents the largest financial aid instrument ever received by our country. In this sense, it is, as well, a historic opportunity to recover the path of growth and lay the foundations for a sustainable and resilient economy. This article aims to provide a complete overview of each and every step taken throughout this process of launching the MRR and approving and executing the PRTR, up to the current moment. The lessons and good practices learnt from this journey will be enormously useful for the adaptation or creation of new aid instruments that, without any doubt, the European Union will have to implement beyond the year 2026, moment when even if Next Generation EU expires, for Europe, the challenge of adapting to a challenging economy and environment will continue to be a pressing priority.
Parliamentary Activity from June to December 2023 (XIII Legislature)
The purpose of monitoring the parliamentary activity carried out in the Madrid Assembly, the subject of this parliamentary chronicle, is to offer information related to the first session of the XIII Legislature, which runs from June 13 to December 31, 2023.
Law 4/2023, of March 22, on rights, guarantees and comprehensive protection of children and adolescents of the Autonomus Community of Madrid: a child protection system centered in the best interest of the child and based in families
This work analyzes the Law 4/2023, of March 22, on Rights, Guarantees and Comprehensive Protection of Children and Adolescents of the Autonomus Community of Madrid, underlining its innovations concerning the Spanish child protection system from the perspective of the best interests of the child and considering the families as the main resource of protection.
El día de Navidad del pasado año 2002 falleció en Madrid el Excmo. Sr. D. Íñigo Cavero Lataillade.
Copyright (c) 2003 Asamblea de Madrid https://creativecommons.org/licenses/by-nc-nd/4.0