Autonomous Communities and Local Entities in Spain
Autonomous Community Organizations
Institutional Organizations (Article 152.1 of the Spanish Constitution)
Legislative Assembly
Elected by universal, equal, free, direct, and secret suffrage. The organs of political representation of citizens that make up an autonomous community.
Council of Government
With executive and administrative functions. Its members are politically accountable to the Legislature. Exercises regulatory powers within the scope of its powers.
President of the Autonomous Community
Handles the direction of the Governing Council, the supreme representation of the Autonomous Community, and the State’s ordinary representation therein. Freely appoints and dismisses the other members of the Governing Council.
Superior Court of Justice
Institution under Article 152.1, but integrated into the State and the Judiciary, not autonomous. They are the ultimate judicial body within the Autonomous Community, without prejudice to the judicial organization culminating in the Supreme Court, which extends its jurisdiction throughout Spain, except in constitutional matters, which corresponds to the Constitutional Court.
Competencies of the Community of Madrid
Legislative Competence (Full)
Exclusive competence of the Community of Madrid (Article 26).
Legislative Competence (Development)
Subject to the basic legislative authority of the State and development in the Community of Madrid (Article 27). For example, local and legal regime, system of public administrative responsibility, etc.
Purely Executive Powers
The Community of Madrid lacks legislative competence and is responsible for the execution (Article 28). For example, health and social services provision, credit, banking, and insurance, etc.
Subjects (Among Others)
- Planning and housing
- River and lake fishing, aquaculture, and hunting
- Fairs and markets, including expositions
- Promotion and planning of tourism within its territory
- Surveillance and protection of buildings and installations
- Coordination and other powers relating to local police forces, under the terms established by Organic Law
- Casinos, gambling, and betting (with the exception of sports betting)
- Public entertainment
Local Territorial Entities
Municipality
The basic entity in the territorial organization of the state and immediate channel of citizen participation in public affairs, which institutionalizes and manages its own interests independently of the relevant authorities. Has legal personality and capacity to fulfill its purposes.
Province
Legitimated to challenge provisions and acts, both of the State Administration and the Autonomous Communities, that threaten its autonomy and promote challenges in the Constitutional Court against the State or autonomous region that adversely affects municipal autonomy.
Island
Similar to provinces in terms of challenging provisions and acts.
Local, Non-Territorial Entities
Entities below the municipality established or recognized by the Autonomous Communities or groups. Examples: Counties, Metropolitan Municipalities, Associations of Municipalities.
Elements of a Municipality
Land
Where the city exercises its powers.
Population
Composed of all people included in the Municipal Register; these are the residents of the municipality. The City Council is responsible for the formation, maintenance, and custody of the Register.
Rights and Duties of Residents
- Be eligible
- Vote and participate in municipal management
- Use municipal public services and contribute through taxes to achieving municipal skills
- Be informed, make reasoned requests, and send requests to the municipal administration
- Request popular consultations and establish the provision of public services in the event of them being competitive
- Order popular inquiries
In the Community of Madrid, neighborhood associations are formed for the representation and defense of residents. Other rights and duties are established by law.
Municipal Organization and Operation
Regular Sessions
- Every month in municipalities of 20,000+ inhabitants
- Every two months in municipalities with between 5,001 and 20,000 inhabitants
- Every three months in municipalities with less than 5,000 inhabitants
Special Sessions
When decided by the President or a fourth of the legal number of members of the Corporation (any councilor can request it with 3 more). The session must be held within 15 working days. If the President does not convene it, it will be convened on the 10th working day after the deadline. If the President or their representative is not present, the House constitutes a quorum (1/3 of the total number of members) and is chaired by the oldest member. Meetings are announced 2 days in advance, except for extraordinary sessions. Agreements are adopted by ordinary vote unless a plenary vote is agreed upon. Absence of Councilors (or Deputies) is equivalent to abstention. In the event of a tie, a second ballot is held, and if the tie persists, the President casts the deciding vote.
Local Territorial Entities Below the Municipality
Formed by the initiative of the people concerned or the corresponding Town Hall. The entity must have executive staff (Mayor or Headman) and a body (neighborhood association), whose membership cannot be less than 2 nor more than one-third of the councilors of the Town Hall. These entities may operate under the Open Council system. Provisions of agreements on property, credit operations, and expropriation must be authorized by the Town Hall.
Comarcas
The Spanish Constitution, in Article 141.3, states that different groups of municipalities other than the Province can be created, and Article 152.3 states that by grouping neighboring municipalities, the Statutes may establish their own territorial constituencies, which shall enjoy full legal personality.
Metropolitan Areas
Local entities composed of the municipalities of large urban agglomerations, whose population centers have economic and social links that require joint planning and coordination of certain services and works.
Commonwealths of Municipalities
Municipalities have the right to associate with others for the shared performance of certain works and services within their competence. These commonwealths have legal personality and capacity to have their own statutes, the development of which is the responsibility of the councilors of the municipalities. The County Council issues reports on the project, and the plenary sessions of all the municipalities approve it.
Public Goods and Local Police
In order to defend public goods, there is a Local Police Corps with monitoring functions and custody of buildings and facilities of local governments (Article 53.1.a LOFCS) and surveillance of public spaces (Article 53.1.h LOFCS). The Criminal Code, in Article 264.1.4, punishes those who cause damage, not included in other parts of the Code, affecting public or communal property, whether the amount exceeds €400, or if that amount is less than €625 and there is aggravated damage due to real historical, artistic, cultural, or monumental value. Usurpation is also punished. Local corporations can establish very serious, serious, and minor sanctions in defense of heritage and appropriate utilization.