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Spain Local Government
Institutions of local government have undergone marked
transformations since the Franco era, when they functioned
primarily as instruments of the central government. The
overhauling of administration at the local level had to
wait,
however, until a degree of political reform had been
achieved at
the national level. The first fully democratic local
elections
following Franco's demise were held in 1979, and limited
reforms
were introduced at the local level in 1981, but it was not
until
1985 that the fundamental reorganization and
democratization of
local administration was completed with the passage of the
Basic
Law on Local Government (Ley Reguladora de las Bases de
Regimen
Local--LRBRL).
This law outlines the basic institutions at the
municipal and
the provincial levels, establishes guidelines for the
sharing of
responsibilities among the different tiers of
administration, and
lists the services that local authorities are to provide.
The
responsibilities of municipalities vary in proportion to
the size
of their populations. Municipal governments share
responsibility
with the regional government in matters of health and
education.
Both the central and the regional governments may delegate
additional powers to municipalities. Because of the degree
of
authority that has been devolved to the autonomous
communities
from the central government, local institutions are
politically
dependent on these communities; however, they remain to a
large
extent financially dependent on Madrid.
Government at the municipal level is administered by a
Municipal Council, the members of which are directly
elected by
universal suffrage and according to proportional
representation.
The number of council members is determined by the
population of
the municipality; a minimum of five is required by law.
There is
no limit to the number of times councillors may be
re-elected. If
they die, resign, or are dismissed, they are replaced by
the next
person on the electoral list of their political party;
therefore,
there are no by-elections.
The council is elected every four years, and it cannot
be
dissolved. The law requires it to meet in full session at
least
every three months; extraordinary sessions can be called
by
either the mayor or one-fourth of the council membership.
The
council does not formulate major laws, but drafts
regulations
related to legislation from the Cortes or the regional
parliament. It oversees the budget, and it may raise taxes
to
supplement grants from the central and the regional
governments.
Each Municipal Council is headed by a mayor, who is
elected
following local elections, from among the council members,
and
who, in most instances, serves as the leader of the
majority
party in the council. In addition to being chairman of the
council, directing municipal administration, heading the
municipal police force, and exercising extensive powers of
appointment, the mayor plays a major public relations role
and
enjoys a great deal of prestige.
Municipalities of more than 5,000 inhabitants have a
Municipal Commission to assist the mayor in the exercise
of his
duties. Municipal administration in such towns is divided
into
departments and districts, the leaders of which are
ultimately
responsible to the mayor.
Government at the provincial level has retained an
element of
its Francoist function as an outpost of the state. The
Constitution defines the provinces as territorial
divisions
"designed to carry out the activities of the central
government."
The civil governor, who is the highest executive of the
state
administration at the provincial level, is appointed by
the prime
minister on the recommendation of the minister of
interior. Thus,
the governors are usually political appointees, as was the
case
during the Franco regime, although they have less power
than they
did formerly. They continue to be responsible for the
state
police and the security forces that operate at the
provincial
level
(see The Police System
, ch. 5). In addition to
ensuring the
implementation of state policies in the provinces, they
function
as a liaison between local authorities and the central
government.
Provincial government is administered by a Provincial
Council, which consists of deputies elected by the
municipal
councillors from among themselves. They remain on the
Provincial
Council for four years and may be re-elected for as many
terms as
they remain municipal councillors. As is the case with the
municipal councils, the Provincial Council does not have
the
power to draft major laws, but it may establish
regulations based
on legislation from the Cortes or the regional parliament.
Each Provincial Council is headed by a president, who
is
elected by all the members of the full council. Although
the
civil governor is the highest representative of the
central
government in the province, the president of the
Provincial
Council has the responsibility for the government and
administration of the province. The office of president of
the
Provincial Council was established during the Franco
years, but
it was largely overshadowed by that of the civil governor.
Since
the advent of democracy to Spain, the council president
has
acquired more prestige, and the role of the governor has
been
reduced.
Provincial government is administered differently in
the
Basque provinces, the single-province autonomous
communities, the
Balearic Islands, and the Canary Islands. The Basque
provinces
have more extensive privileges because of their status as
"historic territories," which makes their provincial
councils
more powerful than those of other provinces. The
autonomous
communities that are made up of a single province assume
all
provincial powers and responsibilities, thereby obviating
the
need for provincial institutions. Because of the
geographical
separation that exists within the island chains,
government and
administration have been entrusted to island councils,
which
enjoy greater powers than their provincial counterparts.
The
small North African enclaves of Ceuta and Melilla have a
special
status: they are organized as municipalities of the
provinces of
Cadiz and Malaga, respectively. In both towns, civil
authority is
vested in an official, called the delegado del
gobierno,
who is directly responsible to the Ministry of Interior in
Madrid. In 1986 the enclaves received municipal autonomy
under
the provisions of Spain's devolution of authority to
regions,
but, unlike Spain's other regional assemblies, they were
not
granted legislative powers. In March 1986, a large crowd
of
demonstrators in Ceuta protested this denial of full
autonomy.
Data as of December 1988
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