Politics of Spain - Regional Government

Regional Government

The second article of the constitution declares the Spanish nation is the common and indivisible homeland of all Spaniards, which is integrated by nationalities and regions to which the constitution recognizes and guarantees the right to self-government. Since the constitution of 1978 came into effect, these nationalities and regions progressively acceded to self-government and were constituted into 17 autonomous communities. In addition, two autonomous cities were constituted on the coast of North Africa. This administrative and political territorial division is known as the "State of Autonomies". Though highly decentralized, Spain is not a federation since the nation — as represented in the central institutions of government — retains full sovereignty.

The State, that is, the central government, has progressively and asymmetrically devolved or transferred power and competences to the autonomous communities after the constitution of 1978 came into effect. Each autonomous community is governed by a set of institutions established in its own Statute of Autonomy. The Statute of Autonomy is the basic organic institutional law, approved by the legislature of the community itself as well as by the Cortes Generales, the Spanish Parliament. The Statutes of Autonomy establish the name of the community according to its historical identity; the delimitation of its territory; the name, organization and seat of the autonomous institutions of government; and the competences that they assume and the foundations for their devolution or transfer from the central government.

All autonomous communities have a parliamentary form of government, with a clear separation of powers. Their legislatures represent the people of the community, exercising legislative power within the limits set forth in the constitution of Spain and the degree of devolution that the community has attained. Even though the central government has progressively transferred roughly the same amount of competences to all communities, devolution is still asymmetrical. More power was devolved to the so-called "historical nationalities" — the Basque Country, Catalonia and Galicia. (Other communities chose afterwards to identify themselves as nationalities as well). The Basque Country, Catalonia and Navarre have their own police forces (Ertzaintza, Mossos d'Esquadra and the Chartered Police respectively) while the National Police Corps operates in the rest of the autonomous communities. On the other hand, two communities (the Basque Country and Navarre) are "communities of chartered regime", that is, they have full fiscal autonomy, whereas the rest are "communities of common regime", with limited fiscal powers (the majority of their taxes are administered centrally and redistributed among them all for fiscal equalization).

The names of the executive government and the legislature vary between communities. Some institutions are restored historical bodies of government of the previous kingdoms or regional entities within the Spanish crown — like the Generalitat of Catalonia — while others are entirely new creations. In some, both the executive and the legislature, though constituting two separate institutions, are collectively identified with a specific name. It should be noted, though, that a specific denomination may not refer to the same branch of government in all communities; for example, "Junta" may refer to the executive office in some communities, to the legislature in others, or to the collective name of all branches of government in others.

The two autonomous cities have more limited competences. The executive is exercised by a president, which is also the major of the city. In the same way, limited legislative power is vested in a local Assembly in which the deputies are also the city councilors.

The constitution also guarantees certain degree of autonomy to two other political entities: the provinces of Spain (subdivisions of the autonomous communities) and the municipalities (subdivisions of the provinces). If the communities are integrated by a single province, then the institutions of government of the community replace those of the province. For the rest of the communities, provincial government is held by Provincial Deputations or Councils. With the creation of the autonomous communities, deputations have lost much of their power, and have a very limited scope of actions, with the exception of the Basque Country, where provinces are known as "historical territories" and their bodies of government retain more faculties. Except in the Basque Country, members of the Provincial Deputations are indirectly elected by citizens according to the results of the municipals elections and all of their members must be councilors of a town or a city in the province. In the Basque Country direct elections do take place.

Spanish municipal administration is highly homogenous; most of the municipalities have the same faculties, such as managing the municipal police, traffic enforcement, urban planning and development, social services, collecting municipal taxes, and ensuring civil defense. In most municipalities, citizens elect the municipal council, which is responsible for electing the mayor, who then appoints a board of governors or councilors from his party or coalition. The only exceptions are municipalities with under 50 inhabitants, which act as an open council, with a directly elected major and an assembly of neighbors. Municipal elections are held every four years on the same date for all municipalities in Spain. Councilors are allotted using the D'Hondt method for proportional representation with the exception of municipalities with under 100 inhabitants where block voting is used instead. The number of councilors is determined by the population of the municipality; the smallest municipalities having 5, and the largest — Madrid — having 55.