Page:Spanish Constitution.djvu/22

Constitució Espanyola :1. The Government shall resign after the holding of general elections, in the event of loss of parliamentary confidence as provided in the Constitution, or on the resignation or death of the President.


 * 2. The outgoing Government shall continue as acting body until the new Government takes office.

Section 102


 * 1. The President and other members of the Government shall be held criminally liable, should the occasion arise, before the Criminal Section of the Supreme Court.


 * 2. If the charge were treason or any offence against the security of the State committed in the discharge of office, it may only be brought against them on the initiative of one quarter of Members of Congress and with the approval of the overall majority thereof.


 * 3. The Royal prerogative of pardon shall not apply any of the cases provided for under the present section.

Section 103


 * 1. The Public Administration shall serve the general interest in a spirit of objectivity and shall act in accordance with the principles of efficiency, hierarchy, decentralization, deconcentration and coordination, and in full subordination to the law.


 * 2. The organs of State Administration are set up, directed and coordinated in accordance with the law.


 * 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.

Section 104


 * 1. The Security Forces and Corps serving under the Government shall have the duty to protect the free exercise of rights and freedoms and to guarantee the safety of citizens.


 * 2. An organic act shall specify the duties, basic principles of action and statutes of the Security Forces and Corps.

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.


 * b) The access of citizens to administrative files and records, except to the extent that they may concern the security and defence of the State, the investigation of crimes and the privacy of persons.


 * c) The procedures for the taking of administrative action, with due safeguards for the hearing of interested parties when appropriate.

Section 106


 * 1. The Courts shall check the power to issue regulations and ensure that the rule of law prevails in administrative action, and that the latter is subordinated to the ends which justify it.


 * 2. Private individuals shall, under the terms laid down by law, be entitled to compensation for any harm they may suffer in any of their property and rights, except in cases of force majeure, whenever such harm is the result of the operation of public services.

Section 107


 * The Council of State is the supreme consultative body of the Government. An organic act shall make provision for its membership and its terms of reference.

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