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On behalf of the King and as President of the Autonomous Community of Aragon, I promulgate this Law, approved by the Courts of Aragon, and order its publication in the Official Gazette of Aragon and in the Official State Gazette, all in accordance with the provisions in article 45 of the Statute of Autonomy of Aragon.
PREAMBLE
The Statute of Autonomy of Aragon, in its current wording, given by Organic Law 5/2007, of April 20, regulates in its article 36 the composition of the Cortes of Aragon, referring the concretion of the number of deputies to the electoral law . Also article 37 of the Statute of Autonomy, when regulating the electoral regime, makes reference to the electoral law, approved in the Cortes of Aragon by an absolute majority.
In its original wording, approved by Organic Law 8/1982, of August 10, the Statute of Autonomy of Aragon contains in its article 18 a reference to the electoral Law approved by the Cortes of Aragon, similar to the one now contained in the article 37. Pursuant to this statutory precept, Law 2/1987, of February 16, Electoral of the Autonomous Community of Aragon, is approved.
Said law has been subject to different specific modifications, the last of which was carried out by Law 9/2019, of March 29. The objective of said modification was, as established in its explanatory statement, to prevent the decrease in population in the province of Teruel from leading to the loss of a seat in said province in the 2019 regional elections. modification of article 13 of Law 2/1987, of February 16, although, in the parliamentary processing of Law 9/2019, of March 29, by which the reform was operated, it was revealed by all the political forces that the definitive solution to this problem must come hand in hand with the reform of the Statute of Autonomy of Aragon.
In accordance with this, and in compliance with the majority agreement of the Parliament of Aragon for the X legislature of Aragon, which includes the commitment to promote the reform of the Statute of Autonomy of Aragon to guarantee the maintenance of a minimum of 14 deputies per province. for the election of the Cortes de Aragón, to start the reform process of the Statute of Autonomy of Aragón, which contemplated the suppression of the deputies of the deputies of the Cortes de Aragón, of the president and other members of the Government of Aragon.
Having concluded said reform through the approval by the Cortes Generales of Organic Law 15/2022, of December 27, reforming Organic Law 5/2007, of April 20, reforming the Statute of Autonomy of Aragon, it is necessary adapt the Electoral Law of the Autonomous Community of Aragon to the exchanges introduced in article 36 of the Statute of Autonomy of Aragon, which guarantees that this province is represented by a minimum of 14 seats and distributes the rest of seats among the provincial constituencies themselves, according to criteria of proportionality with respect to the population, in such a way that the number of inhabitants necessary to assign a deputy to the most populous constituency does not exceed three times that corresponding to the least populated.
On the other hand, this reform was used to adapt the Electoral Law of Aragon to the reform of the Statute of Autonomy of Aragon that was carried out by Organic Law 5/2007, of April 20, and that affects, among many other aspects, to the power of the President of Aragon to dissolve the Cortes of Aragon early. Thus, article 52 of the current Statute of Autonomy of Aragon enables the President, after deliberation by the Government of Aragon and under his sole responsibility, to agree to the dissolution of the Cortes of Aragon in advance of the natural term of the legislature. Accordingly, for the sake of greater legal certainty, and taking into account what is disputed in article 37.2 of the Statute of Autonomy, which establishes that the Courts of Aragon are elected for a period of four years, it is convenient to modify article 11 of the Electoral Law of the Autonomous Community of Aragon, suppressing the notice of holding elections in Cortes de Aragón necessary for the fourth Sunday of May every four years.
In the elaboration and transmission of this law, the principles of good regulation contained in article 129 of Law 39/2015, of October 1, on the Common Administrative Procedure of Public Administrations, and in article 39 have been taken into account. of the consolidated text of the Law of the President and of the Government of Aragon, approved by Legislative Decree 1/2022, of April 6, of the Government of Aragon.
In the transmission of this law, the reports of the General Directorate of Statutory Development and European Programs, the General Technical Secretariat of the Presidency and Institutional Relations and the General Directorate of Legal Services have been collected.
Sole Article Modification of Law 2/1987, of February 16, Electoral of the Autonomous Community of Aragon
One. Article 11 was modified, it is worded as follows:
Article 11
1. The call for elections to the Cortes of Aragon is carried out, in accordance with the provisions of the legislation regulating the general electoral regime, by Decree of the President of Aragon, which is published in the Official Gazette of Aragon, entering into force the same day of its publication.
2. The Decree of convocation to seal the number of deputies to be elected in each constituency, as provided in this Law, the day of the vote, the start date and the duration of the electoral campaign, as well as the date of the constitutive session of the Cortes, which will take place within the 30 days following the day of the elections.
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Behind. Article 13 was modified, it is worded as follows:
Article 13
1. The Cortes of Aragon are made up of 67 deputies and deputies.
2. Each province corresponds to a minimum of 14 deputies and deputies.
3. The twenty-five remaining deputies are distributed among the provinces, in proportion to their population, according to the following procedure:
- a) A distributive quota resulting from dividing by 25 the total number of the legal population of the same provinces is obtained.
- b) As many deputies and deputies are awarded to each province as they result, in whole numbers, from dividing the population of provincial law by the distribution quota.
- c) The remaining deputies and deputies are distributed, assigning one to each of the provinces whose coefficient, obtained in accordance with the previous section, has a higher decimal fraction.
4. In all cases, each constituency corresponds to a number of escapes such that the number of inhabitants needed to assign one to the most populated constituency does not exceed 3 times that corresponding to the least populated, and should be used, if necessary, the timely correction mechanisms. The application of this rule may in no case alter the minimum number of escapes per province established in the second section of this article.
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Single final provision Entry into force
This Law will enter into force the same day of its publication in the Official Gazette of Aragon. Therefore, I order all citizens to whom this Law applies, to comply with it, and the courts and authorities to which it corresponds, to enforce it.
