Constitutional Role of the Spanish Monarch: Powers and Functions

Posted on Nov 26, 2024 in Law & Jurisprudence

III. Constitutional Position of the King of Spain

1. General Features

As outlined in Article 56.1 of the Spanish Constitution (CE), the King is the symbol of Spain’s unity and continuity. The King arbitrates and moderates the regular functioning of institutions and assumes the highest representation of the Spanish State in international relations. This encompasses:

  • Symbol of Unity and Permanence of State: The King embodies national unity, transcending partisan politics.
  • Arbitrates and Moderates: The King exercises specific powers in relation to other State agencies, with actions requiring endorsement.
  • Highest Representation: As Head of State, the King symbolically represents Spain internationally, though this role may be shared.

2. Specific Functions

These are functions performed personally by the King, with the involvement and endorsement of other organs of government, who assume responsibility for the King’s actions.

Functions in Relation to the Government

a) Appointment and Dismissal of the Government (Arts. 62.d, 62.e, and 100 CE)

  • a1) Appointment of Government:
    • a11) Regular Appointment: Following general elections, resignation, death, or loss of confidence (Arts. 99.1, 100.1, and 114.1 CE). The King proposes a candidate to the Congress, and upon receiving the investiture of the chamber, appoints them as Prime Minister with the endorsement of the President of the Congress of Deputies (Arts. 62.d, 64.1, and 99.3 CE). The King typically proposes the leader of the majority party or a candidate capable of forming a coalition.
    • a112) Special Appointment: After a Congressional censure motion against the Government (Arts. 113 and 114.2 CE). This is a direct and automatic appointment. If the Government resigns after the motion, and the proposed candidate receives the confidence of the chamber, the King appoints the President with the support of Congress.
    • a12) Appointment of Government Members: Appointed by the King on the proposal of the Prime Minister and with their endorsement (Arts. 62.e and 100 CE).
  • b) Cessation of Government:
    • b1) Termination of the Government and its President: As provided by the Constitution: resignation, death, loss of confidence, or censure motion. The King can dismiss the President in cases of no resignation, or mental/physical disability preventing resignation. Generally, such separations require the Prime Minister’s countersignature.
    • b2) Removal of Government Members: On the proposal of the Prime Minister and with their endorsement.

b) Right to be Informed of State Affairs (Art. 62.g CE): This allows the King to exercise influence and provide advice, legally limited to their relationship with the Prime Minister. Matters of state include issues of national importance, such as international relations, referendums, decrees, command of the armed forces, convening and dissolving courts and elections, the right of pardon, and appointment of senior management.

c) Right to Preside over Sessions of the Council of Ministers (Art. 62.g CE): At the Prime Minister’s request and the King’s discretion. The King can encourage, advise, or counsel, but not participate in discussions or agreements. This role is informative and testimonial.

d) Faculty to Issue Decrees (Art. 62.f CE): Approved in the Council of Ministers, including orders and decree-laws. This excludes decrees related to the appointment and removal of the Prime Minister and other Government members.

e) Conferring Civil and Military Ranks (Art. 62.f CE): Limited to positions requiring a decree agreed upon in the Council of Ministers, such as Directors General or Generals.

f) International Relations (Art. 63 CE):

  • Accreditation and reception of ambassadors and diplomatic representatives (Art. 63.1 CE).
  • Expression of consent for international treaties in accordance with the Constitution and laws (Art. 63.2 CE). This requires parliamentary approval for treaties with political, military, or territorial implications, affecting fundamental rights and duties, involving financial obligations to the Treasury, or requiring the repeal or amendment of any law. The Government initiates this process.
  • Declaration of war and peace, authorized by the Cortes (Parliament) (Art. 63.3 CE) and proposed by the Government.

g) Supreme Command of the Armed Forces (Art. 62.h CE): A symbolic power requiring ministerial endorsement. The Organic Law 1/1984 designates the Prime Minister as the effective commander of the Armed Forces, responsible for directing defense policy and organizing, coordinating, and directing the activities of the Armed Forces.

Functions in Relation to the Cortes Generales (Parliament)

1. Election Summons: (Art. 62.b CE): By Royal Decree, countersigned by the Prime Minister, following discussion in the Council of Ministers. This does not require the endorsement of the President of Congress.

2. Parliament Convening: (Art. 62.b CE): A special call, the first after general elections.

3. Parliament Dissolution: (Art. 62.b CE): Various types:

  • Article 99: Automatic dissolution if no candidate obtains the confidence of Congress within two months of the first investiture vote. The King dissolves Parliament with the Prime Minister’s endorsement.
  • Article 115: Early dissolution where the King decrees the dissolution of Congress, the Senate, or Parliament on the Prime Minister’s proposal, after the Council of Ministers and under their responsibility.
  • Article 168: For full or partial constitutional revision affecting the Preliminary Title, Chapter II, Section 1 of Title I, or Title II. Requires a two-thirds majority in each chamber and results in immediate dissolution of the Cortes.

4. Approval and Enactment of Laws: (Art. 62.a CE): The King shall sanction, promulgate, and order the immediate publication of laws passed by Parliament within 15 days.

5. Referendums: (Art. 62.c CE): Including constitutional referendums (Arts. 167.3 and 168.3), political-consultative referendums (Art. 92), and regional initiatives for the enactment or amendment of Statutes of Autonomy (Arts. 151 and 152.2). The King calls for referendums by Royal Decree, made in the Council of Ministers and endorsed by the Prime Minister.

Functions in Relation to the Judiciary

1. Symbolic Value: Justice is administered on behalf of the King (Art. 117.1 CE).

2. Appointment of the Supreme Judicial Council: (Arts. 122.3 and 123.2 CE): Members are elected by Parliament and appointed by the King through a Royal Decree countersigned by the Minister of Justice.

3. Appointment of the Attorney General: On the Government’s proposal (Art. 124.4 CE).

4. Decree of Grace: (Art. 62.i CE): Power to grant amnesties and pardons within constitutional limits, excluding general pardons for the President and other Government members.

Functions in Relation to the Constitutional Court

The King appoints the judges of the Constitutional Court and its President on the advice of the Chambers, the Government, and the General Council of the Judiciary.

Functions in Relation to the Autonomous Regions

: 1) Call referenda: regional initiative and approval of reform of the Statute. 2) Appointment of Chairman of the Autonomous Communities previously elected by the Legislative Assembly and the endorsement of Prime Minister. 3) Enactment of the laws of the Autonomous Communities by the President of the Autonomous Region for the King. ((- Other functions:)) First we must take into account the expanded art.61.1 the heir to the 61.2 it says that “the King to be proclaimed before the Cortes Generales shall take an oath to perform his duties faithfully, to obey the Constitution and laws and respect the rights of citizens and the Autonomous Communities. ” It is the guardian of the Constitution but can not refuse to sign laws because it is a symbolic act and other functions are attributed to other state bodies as the Constitutional Court. Is a clause rhetoric. Raises a number of implied powers derived from those expressly conferred on him by the Constitution as the hearings and speeches. The hearings are granted to political leaders who are not in the government, foreign dignitaries, community leaders without specific political functions and representatives of social, economic, cultural … Felipe González as must be the King himself who decides who to see and when, to develop the moderating power of the Constitution that holds the Crown. This phrase recognizes its moderating power and value binding must practice under these regulations respecting the initiative of King in some events. As for the speeches, is a faculty of speeches addressed to the nation, the Cortes or groups representing the institutions that do not involve the exercise of executive power. In general all the powers of the king define a symbolic and integrative power that help to encourage, advise and be consulted, the King is above all a judiciary authority and influence.