Citizen Participation and Social Welfare in Spain
Political Structure
Currently, our system features a Head of State. The legislature collaborates closely with the executive, fostering a relationship of trust. The General Council of the Judiciary (CGPJ) governs the judiciary but depends on the executive.
The Constitutional Court (TC) is a judicial body that doesn’t belong to the judiciary. State law holds all power. Article 9 mandates that citizens and public authorities adhere to the Constitution (EC) and other regulations. This includes:
Principles of Constitutionality
- EC rules supreme.
- Functioning of public authorities: periodic elections, referendums, and direct participation through legislative initiatives.
Participation in justice administration occurs through juries and popular action (Art. 125).
Administrative participation is outlined in Art. 105, regulating citizen hearings and access to administrative files.
Economic activity planning participation is covered in Art. 131.2.
- Participation in teaching: Art. 27.5
- Participation of teachers, parents, and students: Art. 27.7
- Administrative users and consumer organizations: Art. 51.2
- Social security and public organizations: Art. 129.1
Social participation is mandated by Art. 9.2, facilitating citizen involvement in political, economic, and social matters.
Art. 129.2 highlights company participation and democratic participation through representative democracy and direct/semidirect democracy (referendum and legislative initiative).
Referendum
- Consultancy
- Constitutional reform
- Regional matters
Popular Legislative Initiative
- Central government: 500,000 signatures
- Regions: 20,000 to 125,000 signatures
Social Status
State Trustees
This represents the culmination of the liberal state in the rule of law, guaranteeing fundamental rights through state intervention. Germany’s Fundamental Law of Bonn (1949) first used the term “welfare state.”
The 1978 Spanish Constitution guarantees the welfare state, promoting economic and social justice.
Art. 9.2 mandates public authorities to promote freedom and equality, removing obstacles and facilitating citizen participation.
Chapter III of Title I outlines guiding principles for social and economic policy, including family, work, social security, health, and housing (Art. 39-51).
Art. 27 covers the right to education. Title 7 outlines the Economic Constitution.
The effectiveness of these rules is debated. The Constitutional Court (ruling 19/1982) states these principles guide the interpretation of laws and policies.
The welfare state moves from formal equality to real equality, addressing inequalities and ensuring minimum living standards, access to culture, education, and social participation. This includes benefit rights to provide citizens with minimum conditions.