Article 6 of the LOE 1967: Franco’s Powers
This is a legal text, specifically Article 6 of the Organic Law of the State (LOE). Title II of the document was published in the official gazette on November 1st, 1967, fulfilling the obligation to publicize the law before it came into force.
The LOE and Franco’s Regime
The LOE was one of the Fundamental Laws, a set of basic rules sought for the institutionalization of Franco’s regime, which had emerged after the triumph of the Nationalists in the Spanish Civil War. (LOE1967)
Franco presented the bill in court on November 14th, 1966. It was approved without debate by “acclamation”. Put to a referendum on December 14th, it received 96% of the votes from Spaniards who went to the polls. In 1967, after its publication in the Official Gazette, it came into effect.
In those years, Spain experienced significant economic development following the Stabilization Plan (1959), which allowed for the end of autarky and the beginning of a period of great growth until 1973. Social changes occurred, such as rural exodus and the incorporation of women into the workforce, but political immobility continued, despite growing opposition to the dictatorship.
Franco’s Extensive Powers Under the LOE
According to this law, the Head of State, Francisco Franco, enjoyed extensive powers similar to those of absolute rulers. Franco was Head of State, head of the only governing party, and Generalissimo of the armed forces. The LOE mentioned separating the positions of Head of State and Head of Government, but in practice, Franco held both posts.
These broad powers can be classified into two categories:
- Branches of Government: The law stated that national sovereignty was vested in the Head of State; that is, the power to control society lay in Franco, who represented the Nation. This demonstrates the personalistic nature of the regime. Furthermore, political power was exercised without a division of powers.
- Control and Initiative: The Head of State was responsible for the proper functioning of the high authorities of the State. Franco had legislative initiative. Additionally, his position as Generalissimo gave him command of the three armies (land, sea, and air).
The Head of State was responsible for ensuring the control of public order and preventing protests. The administration of justice was also controlled by Franco, who had the right of pardon, one of the powers enjoyed by the Head of State. He could pardon crimes, including the most serious. Franco, in collaboration with the government, was also in charge of foreign relations.
Powers of the Sole Party (FET)
Franco was the lifelong chief of the sole party (FET and de las JONS) and had to ensure compliance with the party’s principles, as well as the continuity of the state, and try to perpetuate the movement.
Consequences and Transition
This law did not mean that the political situation in Spain changed after its entry into force. It pretended to be a kind of constitution for the country, but the regime remained a personalistic and undemocratic dictatorship.
On Franco’s death, on November 20th, 1975, Juan Carlos I was proclaimed King of Spain. Parliament approved the last of the Francoist laws, the Political Reform Act, which was ratified in a referendum after the repeal of all the Fundamental Laws. It established the basis for holding the first general elections on June 15th, 1977.