We explain what the organic law is and why this law is so important. Also, some examples of organic laws.
What is an organic law?
Organic laws are called those referring to matters of such importance for the nation, that its approval requires a consensus and approval procedure by the legislative power, usually held by parliament, national assembly or congress. Usually the laws Organic laws refer to vital matters for the democratic life of the country, such as fundamental constitutional norms, public liberties or the articulation of state powers.
Organic laws are considered a sort of intermediate step between ordinary laws and the constitutional text, so the approval, modification or repeal of this type of laws in a parliament generally requires something more than a simple majority (absolute majority or some type of decision). qualified majority), in accordance with what the national legal framework establishes in this regard. It should be noted that not all countries have a legal framework that includes organic laws.
The most immediate legal antecedent of an organic law is found in French law, specifically in the text of the Constitution of 1958, with which the V French Republic was founded.
Importance of organic laws
Organic laws are a useful tool to make significant or vital changes in the way the States operate, without having to alter or reformulate the constitutional framework, which would basically imply re-founding the Republic or initiating some type of amendment or process. Constituent Assembly, which always represents a long, difficult and risky process. In this sense, organic laws are an intermediate way out for the management of profound changes in matters vital to the Condition.
Examples of organic laws
Some examples of organic laws are the following:
- Organic Law on financing of political parties (Spain, 2007). Where the precepts that regulate the access of money to political parties are established, to avoid and punish the corruption.
- Organic Labor Law (Venezuela, 2012). In which the legal terms of work in said country are remodeled, establishing a new legal framework that regulates labor relations.
- Constitutional Organic Law (Chile, 1980). Which defines some important constitutional precepts regarding the management of the State (elections, mining concessions, political parties, etc.). This law is contained in the Constitution.
- Organic Law of the Judicial Power (Argentina, 1998). Organized by the judiciary and its instances in the Autonomous City of Buenos Aires, which has its own independent legal regime.
- Organic Law of Citizen Security (Spain, 2015). Law that replaced the Organic Law on protection of the security citizen of 1992, and that created much controversy due to a certain undemocratic spirit when reformulating the criminal precepts of the Justice Spanish.