Key Laws and Concepts of Francoist Spain
Key Francoist Spain Legislation and Concepts (Item 14)
The Franco Regime
The Franco regime, instituted after the Spanish Civil War, established a state characterized by extreme authoritarianism. Its most important features included:
- Totalitarianism: Inspired by Italian and German fascism.
- Abolition of the 1931 Constitution and all individual and collective guarantees.
- Closure of Parliament.
- Banning of all political parties and trade unions, except for a single official party (Falange Española Tradicionalista y de las JONS) and a single official union organization.
Labour Charter (Fuero del Trabajo)
Approved in 1938, the Labour Charter (Fuero del Trabajo) regulated labor relations and established the principles of nacionalsindicalismo (national syndicalism). It served as the basis for the Spanish Trade Union Organization (Organización Sindical Española), making membership mandatory for workers and employers from 1942.
The enactment of the Labour Charter initiated an evolution in Spanish labor law, generally divided into two periods:
- An initial, strongly interventionist period.
- A later period allowing for some limited worker participation in labor regulations.
Subsequent modifications included the Law of Contract Work (1944) and regulations concerning general hygiene, safety, and Sunday rest.
Charter of the Spanish (Fuero de los Españoles)
Enacted in 1945, this charter outlined a set of rights and duties for Spaniards. Key points include:
- The list of rights lacked guarantees for enforcement and was not directly applicable by the courts.
- It did not recognize fundamental rights such as political association, independent trade unions, or the right to strike.
- It affirmed the confessional Catholic nature of the state and did not recognize broader religious freedom (though private practice of other religions was tolerated).
- Many provisions could be suspended by decree-law without political oversight.
Law on Referendums (Ley de Referéndum Nacional)
Enacted in 1945, this law permitted the Head of State to submit questions considered appropriate to a national referendum, with participation based on universal suffrage (for men and women over 21). It was used only twice:
- In 1947, to approve the Law of Succession.
- In 1966, for the Organic Law of the State.
Its limited and controlled use indicated that the referendum functioned primarily as an autocratic instrument for plebiscitary acclamation rather than a genuine democratic tool.
Law of Succession (Ley de Sucesión en la Jefatura del Estado)
Enacted in 1947 (and approved by referendum), this law:
- Established Spain as a kingdom and designated the monarchy as the eventual successor to Franco.
- Responded partly to claims from Juan de Borbón, son of Alfonso XIII, who advocated for restoring the monarchy.
- Defined Spain as a Catholic, social, and representative state constituted as a kingdom.
- Confirmed Franco as Head of State for life while establishing a mechanism for his succession.
- Created two bodies: the Council of the Realm (Consejo del Reino) and the Council of Regency (Consejo de Regencia).
Despite establishing a future monarchy, the regime’s authoritarian character remained unaltered by this law at the time.
Principles of the National Movement Law (Ley de Principios del Movimiento Nacional)
Enacted in 1958, this law updated and codified the guiding principles of the Francoist state. Key aspects included:
- Summarizing and elevating principles from the Labour Charter, the Charter of the Spanish, and other fundamental texts into immutable doctrine.
- Requiring all civil servants and officials to swear allegiance to the ‘Principles of the National Movement’ before taking office.
- Aiming to reinforce the regime’s ideological foundation and perceived stability.
Following this law, Spain continued its attempts at international integration, including seeking association with the European Economic Community.
Constitutive Act of the Cortes (Ley Constitutiva de las Cortes)
Enacted on July 17, 1942, this was one of the eight Fundamental Laws of the Franco regime. It aimed to give the dictatorship a semblance of parliamentary structure.
- It defined the Spanish Cortes (Cortes Españolas) as the “highest body for the participation of the Spanish people in the tasks of the state.”
- It established a unicameral assembly whose members (procuradores) were not directly elected by the populace but were appointed or chosen through corporate bodies (family, municipality, syndicate) and other institutions.
- While theoretically having legislative initiative, the Cortes’ primary function was to elaborate and approve laws, which were ultimately subject to ratification (sanction) by the Head of State, Francisco Franco.
- The law’s preamble confirmed that Franco retained “the supreme power to enact general legislation,” significantly limiting the Cortes’ actual authority.