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Spain Regional Government
The framers of the 1978 Constitution had to deal with
many
controversial issues arising from the advent of democracy
to a
nation that had been under dictatorial control for
decades. Among
these, the most divisive was the historically sensitive
question
of regional autonomy. The Spanish state is unusual in the
extent
and the depth of its regional differences, and the society
includes ethnic groups--notably the Basques, Catalans, and
Galicians--that are each culturally and linguistically
distinct
from the rest of the country
(see Ethnicity and Language
, ch. 2).
The strength of regional feeling is such that, in many
areas,
Spaniards identify more closely with their region than
they do
with the nation.
Long-standing tensions between the center and the
periphery
were repressed, but not extinguished, by Franco's rigid
centralism. After his death, there was considerable
popular and
official support for some degree of decentralization; a
key
feature of the democratic reforms was the devolution of
increased
power and responsibility to the regions. This applied not
only to
those regions that historically had enjoyed a degree of
autonomy-
-Galicia, the Basque region, and Catalonia--but to the
rest of
Spain as well.
This transformation from a unitary state into a more
decentralized structure was not accomplished without
bitter
conflict. Reactionary elements objected to any reference
to
regional autonomy in the Constitution as a threat to
national
unity, while, at the other extreme, militant Basques
demanded the
right of self-determination for the regions. After
prolonged and
acrimonious debate, a compromise was agreed upon by all
the major
parties except the Basque nationalists. Discontent in this
region
has been a major disruptive element in the post-Franco
years
(see Political Developments, 1982-88
, this ch.).
The Constitution proclaims the indissoluble unity of
the
nation, but it recognizes and guarantees the right to
autonomy of
the nationalities and the regions of which the state is
composed.
Adjoining provinces with common historical, cultural, and
economic characteristics, as well as the Balearic Islands
(Spanish, Islas Baleares) and the Canary Islands (Spanish,
Canarias), are granted the right to form autonomous
communities.
These communities are, however, expressly prohibited from
forming
federations. Castilian Spanish is declared to be the
official
language of Spain, but other languages are recognized as
co-
official in their respective autonomous communities. In
addition,
flags and emblems of these communities may be displayed
alongside
the Spanish flag on their public buildings and on public
occasions.
The Constitution provides two procedures for achieving
regional autonomy. The rapid procedure was for those
regions that
had sought autonomy in the 1930s. After approval by the
Constitutional Committee of the Congress of Deputies, the
proposal for autonomy was voted on in a regional
referendum. The
"historic nationalities" of Galicia, the Basque Country,
and
Catalonia acquired regional autonomy in this way. The slow
procedure required initiative on the part of municipal and
provincial governments as well as final approval by the
Cortes,
for a degree of regional autonomy less than that enjoyed
by the
"historic nationalities." A compromise procedure was
devised for
Andalusia because, although it had not sought regional
autonomy
earlier, there was widespread support for such autonomy
among its
inhabitants. Although the communities employing the rapid
procedure gained a greater degree of autonomy than the
other
communities for the time being, ultimately--although
probably not
until sometimes in the 1990s--all were to have an equal
degree of
autonomy.
Following the attempted coup of February 1981, those
who had
urged a more cautious approach to regional autonomy
prevailed,
and the process was brought under stricter control by the
controversial Organic Law on the Harmonization of the
Autonomy
Process (Ley Organica de Armonizacion del Proceso
Autonomico--
LOAPA), approved in July 1981. Among the law's
stipulations was
that--with the exception of Andalusia, which was already
nearing
autonomous status--the remaining regions would have to
proceed
according to the more protracted and complicated method
(see
table 13, Appendix).
The regional reorganization of Spain into autonomous
communities was completed in May 1983, when elections were
held
in the thirteen new autonomous communities, although the
actual
process of transferring powers was far from complete. The
state
consists of seventeen autonomous communities, each of
which
includes one or more previously existing provinces
(see
fig. 7).
These communities vary widely in size, in population, and
in
economic development; moreover, the political weight of an
autonomous community is not necessarily related to its
land area
or population
(see Regional Disparities
, ch. 2).
Each regional entity is governed by its own statute of
autonomy. It has its own capital and a political structure
based
on a unicameral Legislative Assembly, elected by universal
suffrage. This assembly chooses from among its members a
president who is the highest representative of the
community.
Executive and administrative powers are exercised by the
Council
of Government, headed by the president and responsible to
the
assembly. There are also regional supreme courts, which
are
somewhat less autonomous than the legislative and the
executive
organs because they are subject to the ultimate authority
of the
Supreme Court in Madrid.
The division of powers between the autonomous regions
and the
central government is outlined in Article 148 and Article
149 of
the Constitution. The language used to differentiate
between the
authority of the central government and that of the
regions is,
however, imprecise and ambiguous, resulting in varying,
and
sometimes contradictory, interpretations. Further
confusion
arises from the constitutional provision enabling the
autonomous
communities to extend their powers gradually, although it
does
not indicate specifically what these new powers are to be.
The areas enumerated as belonging under the exclusive
jurisdiction of the national government include
international
affairs; defense; justice; criminal, commercial, and labor
legislation; merchant shipping; civil aviation; foreign
trade and
tariffs; economic planning; finances; and public safety.
Whereas
the central government clearly is granted exclusive
jurisdiction
in these and in other matters, the provision that sets
forth the
rights of the autonomous communities is stated in less
precise
language. It declares that these communities may assume
authority--a more equivocal mandate--over certain areas.
These
include the organization of their own institutions of
self-
government, municipal boundaries, town planning, housing,
public
works, forestry, environmental protection, cultural
affairs and
organizations, tourism, sports and leisure events, social
welfare, health and hygiene, and noncommercial ports and
airports. In addition, the state may delegate to the
communities
part of its authority in areas reserved to its
jurisdiction.
Therefore, although the regions have very limited primary
authority, the Constitution permits the extension of this
authority by subsequent delegation.
The Constitution recognizes the right of the autonomous
communities to have financial autonomy "for the
development and
enforcement of their authority." These communities receive
revenue directly and indirectly from central government
sources
as well as from their own local taxes and special levies.
They
also may borrow money. The Constitution declares that the
financial autonomy of the communities must be exercised in
coordination with the policies of the central government,
which
is ultimately responsible for taxation and for
guaranteeing equal
opportunities for all citizens.
The mechanism for this arrangement was established by
the
1980 Organic Law on the Financing of the Autonomous
Communities,
which provides for a Council for Fiscal and Financial
Policy, to
be composed of the finance ministers from the autonomous
communities, the state finance minister, and the minister
for
public administration. This council is to function in a
consultative capacity in order to coordinate policies
concerning
public investment and debt, cost of services, and the
distribution of resources to the regions.
The state's ultimate responsibility for financial
matters
enables it to exercise a significant degree of control
over the
activities of the autonomous communities. A further
element of
control is the presence in each region of a central
government
delegate, appointed by the Council of Ministers at the
recommendation of the prime minister, who monitors the
activities
of the regional government. Moreover, the state may
challenge any
measures adopted by the autonomous communities.
The Constitutional Court makes the final decision in
any
question pertaining to the constitutionality of regional
legislation. In 1983 this court made a ruling that had the
effect
of increasing the powers of the autonomous communities. It
invalidated portions of the controversial LOAPA and
declared that
this law did not harmonize the autonomy process.
Significant
provisions that were struck down included those
stipulating that
the state's legal norms should have automatic precedence
over
those of the autonomous regions and that regional civil
servants
should be seconded from Madrid rather than recruited
locally.
The Constitution permits the government to intervene if
an
autonomous community fails to carry out its constitutional
obligations or acts against the general interests of the
nation.
In such a case, the state is to ask the president of the
autonomous community to correct the matter; if he or she
fails to
do so, the government, with majority approval from the
Senate,
may adopt measures necessary to enforce the community's
compliance. As of mid-1988, this provision had never been
invoked, and it remained unclear what such measures might
entail.
In spite of these limitations on the jurisdiction of
the
communities, regions have enjoyed an unprecedented degree
of
autonomy since the death of Franco. Because rigid
centralism was
so closely identified with Francoism, Spaniards have come
to
associate democracy with greater regional independence.
Although
difficulties in the devolution process remain to be
resolved, the
development of such an extensive system of regional
autonomy, by
what had been one of the world's most centralized nations,
is an
indication of its peoples' commitment to democracy.
Data as of December 1988
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