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1. The Government and the Public Prosecutor's Office are legitimated to request the declaration of illegality of a political party and its subsequent dissolution, by virtue of that established in paragraphs b) and c), section 2 of the previous article of this Organic Law.
The Congress of Deputies or the Senate may press the Government to request the illegalisation of a political party. In which case, the Government shall be obliged to present the respective illegalisation request after deliberation in the Council of Ministers, on the grounds listed in article 9 of this Organic Law. The processing of this agreement by the Bureaus of the Congress of Deputies and the Senate shall be in line with the established procedure.
2. The action through which the declaration referred to in the previous section is sought will be initiated through a complaint presented in the Special Chamber of the Supreme Court provided for in article 61 of the Organic Law on the Judiciary, attaching to the complaint the documents supporting the grounds for the illegality.
3. The Chamber will immediately communicate the complaint to the affected political party, citing it to appear before the Chamber within eight days. Once the party has appeared or failed to appear in due time and form, the Chamber will analyse whether or not it gives leave for the case to proceed, being able to refuse it in the following cases by means of a court order:
a) If the complaint was filed by an individual not legitimated to file the complaint or not duly represented.
b) If the substantive or formal requirements are clearly not met.
c) If the complaint is clearly groundless.
In the event of any of the above, the problem will be made known to the parties so that they may present allegations within the common ten-day period.
4. Once the Chamber has given leave for the case to proceed, if the defendant has already appeared before the Chamber, the latter will be called to answer the complaint within twenty days.
5. If the parties have provided so in their statements of claims or answers or the Chamber deems it necessary, a period established for producing evidence will be initiated, which will be governed, in terms of time frames and procedures, by the rules which on this subject are established in chapters V and VI, Title I, Book II of the Law on Civil Procedure.
6. The parties will be notified of the evidence produced and may present allegations on that evidence within the next twenty days, after which time, regardless of whether or not allegations are presented, the process will be ready for judgement and the sentence must be passed within twenty days.
7. The sentence passed by the Special Chamber of the Supreme Court, which may declare the dissolution of the political party or throw the complaint out, may not be appealed, without prejudice, as the case may be, to an appeal to the Constitutional Court on grounds of violation of rights and liberties, and the sentence will be enforceable as soon as notified. If the dissolution of the party is decreed, the Chamber will order the cancellation of the respective registration in the Register of Political Parties, and the ruling will produce the effects determined in the following article of this Organic Law. If the complaint is thrown out, it may only be filed again if new elements of fact are presented to the Supreme Court, which must be of sufficient substance to be able to carry out assessments of the illegal activity of the party other than those already contained in the sentence.
8. Over the length of the judicial process, either on its own initiative or at the request of one of the parties, the Chamber may adopt any of the precautionary measures provided for in the Law on Civil Procedure, in accordance with the procedure established in said Law. In particular, the Chamber may agree the provisional suspension of the activities of the party until a sentence is passed, with the scope and effects that it deems opportune for the purpose of safeguarding the general interest. In which case, the Chamber shall order the respective preventive annotation in the Register of Political Parties.