Line of succession to the Spanish throne

The Spanish succession is laid down in Article 57 of the Constitution of 27 December 1978.

An amendment to Article 57 is considered "significant constitutional change ", which shall be conducted only with difficulty. First, both houses of parliament must approve each case a two-thirds majority. Subsequently, the Parliament is dissolved, after the election the new parliament must agree again with two-thirds majorities in both chambers, then a referendum must be conducted.

Succession rules

The cited constitutional provision states in so far as decisive and final, paragraph 1:

According to paragraph 4 of that Article to the throne becomes void if the person was strictly forbidden, the king and the Cortes Generales enters the marriage; The loss is also against the descendants. Unlike, for example in the Netherlands, so it does not require the explicit consent of the Parliament to a marriage in order to obtain the throne, but a prohibition to exclude these.

The royal family and the leading parties are, in principle, since the birth of Infanta Leonor agree that the primacy of male heirs should be abolished in line of succession so that Leonor also would be heir to the throne after her father when she would get a brother. Because of the complicated process which also makes elections necessary if the required constitutional amendment has not yet been carried out.

The succession is according to the prevailing interpretation of the Constitution not limited to descendants Juan Carlos I.. With the extinction of the ruling line of the House of Bourbon so may well acquire a claim to the throne an older sidelines. Just respect also paragraph 4 of Article 57 is significant because so optionally a kinship distant successor despite marriage, which would probably never know the approval of the Cortes, could ascend to the throne when the Cortes have not seeing omit this eventuality a law banning.

The question of whether side lines that are derived from family members who had lost their throne claim in the past, are enthroned follow the right is not yet decided.

Resignations and waivers require the sanction of organic law. By such doubts legal or factual about the succession must be eliminated (Article 57, paragraph 5).

Succession List

This results in the following succession list:

In the next place to the throne of the king 's eldest sister, María del Pilar of Spain, Duchess of Badajoz ( born July 30, 1936), then their four sons and one daughter would; the succession rights of the Duchess of Badajoz is questionable insofar as they, though not under the conditions - had waived Article 57, paragraph 5 of the Constitution, the succession rights before their wedding - was not yet adopted. Thus, it is also likely in fact, unless throne follow legitimate descendants King Juan Carlos I made ​​more, require a decision of the Cortes on the throne.

The other would be heir to the throne - under the same conditions as the Duchess of Badajoz and their children - the youngest royal sister, Margarita María de Borbón, Duchess of Soria and Hernani, this below their two children.

• Spanish monarchy
• Throne of a monarchy