Electoral Web Portal


Skip navigation

Rights and duties of the electorate

Political Formations

  • Listen to pageListen to page
  • Print pagePrint page

Section 6 of the Spanish Constitution establishes that:

"Political parties are the expression of political pluralism they contribute to the formation and expression of the will of the people and are a fundamental instrument for political participation. Their creation and the exercise of their activities are free in so far as they respect the Constitution and the Law. Their internal structure and operation must be democratic".

Section 44 of the Organic Law on the General Electoral System (henceforth, LOREG) establishes that the following formations may take part in an electoral process:

- Parties and Federations inscribed in the corresponding Register.

  • Electoral Coalitions.
  • Groups of Electors.

Law 6/2002 (Ley 6/2002), of 27 June, on Political Parties, establishes that "political parties may form and register federations, confederations and unified parties in compliance with the provisions of this chapter and by prior express agreement of the competent institutions".

Political parties are private bodies with an associative base that forms an essential part of the constitutional architecture and grants them a certain institutional guarantee, the organisation and operation of which must be democratic and in compliance with the Constitution and its Laws.

Their ultimate aim is to combine convictions and efforts to shift the democratic direction of public issues. They contribute to institutional functioning and provoke changes and improvements by exercising their political power.

They are governed by the principle of Freedom, which is three-dimensional:

  • Positive creative freedom ("Spaniards may freely create political parties in accordance with the provisions of the Constitution and the current Organic Law").
  • - Positive freedom of affiliation ( "Affiliation to a political party is free and voluntary").
  • - Negative associative or participative freedom ("No one can be forced to form, join or remain in a party").

Regulations:

- Organic Law 5/1985 (Ley Orgánica 5/1985), of 19 June, on the General Electoral System.

- Organic Law 1/2002 (Ley Orgánica 1/2002), regulating the Right of Association.

- Organic Law 6/2002 (Ley Orgánica 6/2002), of 27 June, on Political Parties. - Organic Law 3/1987 (Ley Orgánica 3/1987), of 2 July, on the Financing of Political Parties.

- Ley Orgánica 3/1987, de 2 de julio, sobre Financiación de los Partidos Políticos.

- Royal Decree 2281/1976 (Real Decreto 2281/1976), of 16 September, regulating the Registration of Political Associations.

For more information, please visit the following websites:


W3C-WAI
Madrid Comunidad Digital