Parliamentary scrutiny of the quality of legislation in Spain. The role of parliamentary clerks

Abstract

ABSTRACT This article examines the case of Spain as part of a broader comparative study on parliamentary scrutiny of the quality of legislation, looking in particular at the role played by the Letrados de las Cortes Generales, the corps of high-ranking parliamentary civil servants, or clerks, of the Spanish bicameral legislature. As in many other countries, the Spanish political landscape has witnessed an increasing polarisation in the last decade which has led to the fragmentation of the Congreso de los Diputados, or Lower House, once dominated by a two-party system. This has severely affected the parliament´s legislative function. Fewer laws are passed, and there has been a shift in the origin of legislative initiative. Government bills are no longer so easily passed, whereas non-governmental bills have more chances now of becoming laws than before. Against this background, and given the lack of specific parliamentary bodies or guidelines for the scrutiny of the quality of legislation, the Letrados de las Cortes Generales seem essential in contributing to improving the quality of bills, whichever its origin, throughout the legislative procedure, until their passing into laws. This article explores at length their role and the different steps and ways in which they do this. It also analyses the progress in setting standards and bodies for Legislative Drafting by the Spanish Government since, in the absence of specific ones for parliament, Government’s Guidelines are usually applied by the Letrados in their work. To illustrate the current debate on the quality of legislation, the evolution of the Spanish Constitutional Court’s rulings on the matter is also briefly outlined. In conclusion, and though limited to legal and technical aspects, the Letrados de las Cortes Generaleś scrutiny of bills does contribute, to a large albeit imperfect extent, to improving the quality of legislation in Spain.