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Spain The King, the Prime Minister, and the Council of Ministers
By defining the state as a parliamentary monarchy, the
Constitution makes it clear that the king is not sovereign
and
that sovereignty resides with the people as expressed in
their
democratically elected parliament. The king is a
hereditary and
constitutional monarch, who serves as head of state.
The decision to retain the monarchy, which had been
restored
under the Franco regime, represents a historically
significant
compromise. As the Constitution was being formulated,
parties of
the left were strongly opposed to a monarchy, which they
saw as a
Francoist legacy; they favored establishing a republican
form of
government. At the same time, reactionary elements wanted
to
preserve the monarchy in order to use it as a means to
perpetuate
Francoism. In between these two extremes were the
reformers, who
thought that the monarchy could serve as an element of
stabilization during the transition to democracy.
A compromise eventually was reached whereby the
left-wing
parties accepted the institution of a parliamentary
monarchy as
reflecting the will of the majority. Constitutional
provisions
dealing with the king's role were worded in such a way as
to make
clear the neutral and apolitical nature of his duties. The
success of this arrangement has been largely attributable
to King
Juan Carlos de Borbon's willingness to relinquish the
powers that
Franco had conferred upon him and to rule as a
constitutional
monarch within a democratic system of government
(see Transition to Democracy
, ch. 1).
The crown is hereditary, and the king's eldest son is
first
in the line of succession. (In the case of Juan Carlos,
there is
only one son, Prince Felipe, and there are two daughters.)
Whereas Franco's fundamental laws forbade a female
monarch, the
1978 Constitution allows a female to inherit the throne,
but only
if there are no males of the same generation. If all
hereditary
lines entitled to the crown by law become extinct, the
succession
to the throne is to be determined by the General Cortes.
The king sanctions and promulgates laws that have been
worked
out by the other branches of government. He formally
convenes and
dissolves the Cortes and calls for elections and for
referenda.
He appoints the prime minister after consultation with the
Cortes
and names the other ministers, upon the recommendation of
the
prime minister. He also signs decrees made in the Council
of
Ministers and ratifies civil and military appointments.
Although the king does not have the power to direct
foreign
affairs, he has a vital role as the chief representative
of Spain
in international relations. The potential significance of
this
role has been demonstrated during the reign of Juan
Carlos, whose
many trips abroad and contacts with foreign leaders have
enabled
the Spanish government to establish important political
and
commercial ties with other nations. The king also has the
duty to
indicate the state's consent to international treaties
and, with
the prior authorization of the Cortes, to declare war and
peace.
The Constitution confers upon the king the title of
supreme
commander of the armed forces, although he has no actual
authority over them. Nevertheless, Juan Carlos has
maintained
close relations with the military, and he has used his
considerable influence with them to counteract potential
threats
to the stability of the democratic regime
(see Disenchantment with UCD Leadership
, ch. 1).
The influence of the king depends largely upon the
individual
who holds the title, because he is granted no independent
executive powers by the Constitution. Every one of his
acts must
be countersigned by the prime minister or by one of his
ministers. In spite of these restrictions, the monarchy
under
Juan Carlos has achieved a significant degree of moral
authority,
largely because of his courageous and steadfast adherence
to
democratic procedures.
If the king has the symbolic role of representing the
state,
the prime minister has the more powerful role of chief of
government. As the leader of the dominant political party
in the
Cortes, he bears the responsibility and the accountability
for
his own actions and for those of the government. He
directs the
preparation, promotion, and execution of the government's
program
and coordinates the functions of the various ministries.
The
prime minister nominates candidates for the king to
appoint as
his ministers. He also has the right to name candidates
for civil
service positions and to select the civil governors in
each
province as well as the government delegates to the
autonomous
communities. A reform law approved late in 1983 placed the
armed
forces under the control of the prime minister, although
the king
remained supreme commander.
The prime minister may ask for a vote of confidence
from the
Congress of Deputies with regard to his program or
policies. He
may propose the dissolution of the Congress of Deputies,
the
Senate, or the Cortes, unless a motion of censure is under
consideration. The position of his government in the event
of
such a motion of censure is strengthened significantly by
the
requirement that such a motion must contain the name of a
candidate to succeed the prime minister if the motion is
approved. This provision makes it more difficult to
overthrow the
government, because minority parties may find it more
difficult
to agree upon a candidate than to concur in their
opposition to
the incumbent.
When the prime minister is appointed following
elections, he
must present his program to the Congress of Deputies and
receive
a vote of investiture by absolute majority before he can
be sworn
in by the king. If he cannot obtain a vote of confidence
for
investiture, a new vote is taken forty-eight hours later,
requiring only a simple majority. If this procedure fails,
the
king is to propose other candidates until one gains a vote
of
confidence. Should no candidate succeed within two months
of the
first vote, the king dissolves the Cortes and calls for
new
elections.
The prime minister remains in office until such time as
he
and his government lose the support of the Congress of
Deputies
in a vote of confidence, or the Congress of Deputies
approves a
motion of censure. A prime minister also must resign if he
and
his party are defeated in the general elections, in which
case he
remains in office until the new prime minister has been
sworn in.
When a prime minister leaves office for whatever reason,
even if
it is his own choice, his cabinet must resign with him.
They
nonetheless retain their functions in a caretaker capacity
until
a new government has been installed.
A deputy prime minister assumes the functions of the
head of
government if the prime minister dies, or if he is ill or
out of
the country. The deputy also plays a coordinating role,
working
closely with the prime minister, senior ministers, and
high-
ranking party members. The deputy prime minister may
assume other
functions, at the discretion of the prime minister.
The prime minister, the deputy prime minister, and the
other
ministers together comprise the Council of Ministers,
which
functions as a cabinet, and which is the highest executive
institution of the state. The Council of Ministers has
both
policy-making and administrative functions, and it is
responsible
for the implementation of government policy. In addition
to
overseeing the administration of the various ministries,
it
controls military affairs and is responsible for national
security and defense. In the exercise of all of its
functions, it
is ultimately accountable to the Cortes.
Cabinet ministers are each charged with the
responsibility of
administering their individual departments. Although they
may
exercise a great deal of discretion and autonomy within
their
ministries, they are ultimately responsible to the prime
minister. They present to the Council of Ministers draft
laws
that have been prepared within their departments, and they
establish rules to implement government policy. They have
the
power to issue ministerial orders without the approval of
the
Council of Ministers and to sign state contracts in
matters
concerning their ministries. They also may resolve
administrative
conflicts within their departments. Ministers are
responsible to
the Council of Ministers as well as to the prime minister
for
their actions, and they can be called to explain their
policies
before one or both houses of the Cortes, or before one of
the
parliamentary committees.
The Constitution declares that government ministers may
not
hold any additional public posts not related to their
governmental office, and it also prohibits them from
engaging in
professional or commercial activity. This provision is
aimed at
avoiding the corruption that prevailed in the Franco era,
when
senior government ministers frequently occupied important
positions in the business community and sometimes held
more than
one post within the public administration.
Various advisory bodies serve the administration. The
most
important of these is the Council of State, which the
Constitution refers to as the highest consultative organ
of the
government. It has no executive functions or powers and
performs
in a purely advisory capacity. The Council of Ministers
appoints
its president, who is usually an experienced jurist. The
other
members--approximately twenty-three in number--are eminent
representatives of the autonomous regions, the armed
forces,
civil service, and the legal and academic communities.
Permanent
members are appointed by government decree for an
indefinite
period, whereas members termed elected are those who are
also
appointed by decree but who are chosen from among citizens
who
have held various specific jobs; the elected members serve
on the
council for a period of four years.
Data as of December 1988
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