CCAA Governance and Administration in Spain

Posted on Feb 25, 2025 in Economic Sciences

Administration of the Scan. Governance II on CCAA

1. The President of the CCAA

A. Choice

Similar to the Prime Minister, the President is elected by the Legislature and then appoints the other members of the Governing Council. However, there are some peculiarities:

  • The President is elected by the Assembly from among its members, so that parliamentary candidates are autonomous.
  • The nomination is not made by the Head of State, but by the Chairman of the Legislature, in consultation with the spokespersons nominated by the parties.
  • The voting scheme is similar to a two-round system:
    • First round: Absolute majority required.
    • Second round (after 48 hours): Simple majority.
    If, after two months, no candidate obtains the required majority, Parliament is automatically dissolved, and new elections are called.
  • Appointments are made by the King, endorsed by the Prime Minister.

B. Competencies

  1. Supreme Representative of the Autonomous Community.
  2. Regular State Representative in the CCAA.
  3. Head of the Autonomous Community Government.

C. Termination

  1. Dissolution of Parliament.
  2. Loss of confidence.
  3. Motion of censure.

2. The Governing Council of the CCAA

A. Composition

The Governing Council is the collegiate governing body composed of the CCAA President and advisors. The possibility of a Vice President is allowed, although not usually used. Furthermore, the generality of government laws and administration empower the government to create council delegate committees on matters of common interest in several departments.

The directors and Vice President are freely appointed and dismissed by the President of the CCAA. Regarding the status of members, most refer to the relevant government laws and administration. These laws state that members may not hold any labor, professional, or business activity whatsoever. The office of member of the Council of Government is incompatible with any other function or public activity not deriving from that office, other than that of the Autonomous Parliamentary Assembly. In addition, they are judged by the Supreme Court.

B. Powers

  1. Standards: Approves bills and exercises regulatory powers.
  2. Finance: Prepares the general budgets.
  3. Organization: Approves the structure of ministries, removes organs, etc.
  4. Litigation: Constitutional motions, etc.

C. Operation

The governments of the Autonomous Communities are excluded from the general rules of collective bodies in the LRJPAC (Legal Regime of Public Administrations) because of their nature as a governing body and not merely an advisory one. Thus, the Council’s deliberations are secret. Its members are required to maintain secrecy and are reserved, even if they no longer belong to the Governing Council.

3. Counselors

Counselors are the link between the Government of the CCAA and Administration. They have a dual function:

A. Functions as a Member of the Governing Council

  • Participate in the deliberation and agreement of any matter known to the Governing Council, independent of whether it is the responsibility of their department.
  • Act as a proposal to the bodies of government.
  • Participate in certain organs of the AGE (General State Administration) and sectoral conferences.

B. Functions as Head of the Counseling

  • Internal: The Minister is the head of the organization, so they have organizational power through orders; power to freely appoint and remove bodies and holders of positions within the department; power of resolution in the same department.
  • External: The Director is directly responsible for managing the specific area of activity and competence of their department; direct political responsibility for its management.

IV. The Instrumental Administration of CCAA

The regions have been creating specialized administrations equipped with their own legal personality, independent of the General Autonomous Administration, and acting for various public purposes. Regarding legal form, it follows the scheme of state law or takes the form of an autonomous body, so that its activity is subject to administrative law.

Regarding the management of these entities, most of the CCAA have not adopted a general planning, but merely regulate their financial control through laws authorizing autonomous finances. Following the approval of the LOFAGE (Organic Law of the General State Administration), they proceeded to order their instrumental administrations, taking even the outline of the LOFAGE.

Finally, the public sector of the CCAA is also integrated by corporations whose major shareholder, directly or indirectly, is the CCAA Administration.