Royal Prerogatives and Religious Freedom in Spain

Posted on Mar 25, 2025 in Law & Jurisprudence

Royal Prerogatives (Regalism) in Spain

Regalism refers to the intervention of the monarch in church affairs. The difference with Caesaropapism is that now the monarch is not obliged to protect the Church and can control and manage it at will. The main manifestations of regalism in Spanish law were:

  • Regio Patronato Universal: The monarch’s right to intervene in the appointment of bishops and clergymen. Thus, the monarch controlled the ecclesiastical power in the country. This lasted until 1976.
  • Regio Exequatur or Regio Pass: A pontifical concession aimed to prevent the introduction of forged ecclesiastical documents into Spain. From the reign of Charles III, it was established as the power to withhold royal bulls and other documents of general application from Rome, in order to verify that they contained nothing encroaching upon the rights and powers of the crown. Any document from the Pope published in Spain had to pass the censorship of the monarch.
  • Recursos de Fuerza: The ability of civil judges to hear the decisions of ecclesiastical tribunals, which obviously jeopardized the jurisdictional independence of the Church.
  • The General Agency of Preces: Charles III created a mechanism within the Ministry of State whose function was to be the sole conduit for processing all requests, waivers, and thanks that had to be interpreted from the Holy See for the external forum.
  • Control of the courts of the Inquisition, which ensured the purity of the Faith.
  • Ius Dominii Eminent: The monarch could impose taxes on the church, even expropriating them.
  • Iura Circa Sacra

The Framework of the LOLR (Organic Law of Religious Freedom)

The framework for the implementation of the LOLR, as stated in its Article 3.2, is applied in a single dimension (individuals as holders of religious freedom) and collectively (referring to groups or religious denominations). Within this collective dimension, not all entities are strictly religious.

LOLR Art 3.2: Activities, goals, and entities related to the study and experimentation with psychic or parapsychological phenomena or the dissemination of humanistic or spiritualistic values or other similar purposes unrelated to religious ones are beyond the scope of protection of this Law.

LOLR Art 7.2: The State, taking into account existing beliefs in Spanish society, shall, where appropriate, make arrangements or cooperation agreements with churches, confessions, and religious communities registered in the Registry that have achieved notable roots in Spain in scope and number of believers. In any case, these agreements are approved by the Law of the Cortes Generales.

Art 16 EC (Spanish Constitution):

  1. Freedom of ideology, religion, and worship for individuals and communities is guaranteed, with no other restriction on their expression than may be necessary for the maintenance of public order protected by law.
  2. No one may be compelled to testify about his ideology, religion, or belief.
  3. No religion shall have a state character. The public authorities shall take into account the religious beliefs of Spanish society and shall consequently maintain appropriate cooperation relations with the Catholic Church and other confessions.

Agreements in Spain

  1. Agreement on resignation to the presentation of bishops and the privilege of immunity (27-7-76)
  2. Agreement on legal affairs (3-1-79)
  3. Agreement on economic issues (3-1-79)
  4. Agreement on Education and Cultural Affairs (3-1-79)
  5. Agreement on religious assistance to the FAS and military service and religious clerics (3-1-79)

Currently in Spain, 3 cooperation agreements have been signed by means of art. 7 as:

  • Adopted by law 24/92 of November 10, signed by the ERDF.
  • 25/92 of November 10 and signed by the FCJ.
  • 26/92 of November 10 signed by the CIE (Islamic Commission of Spain).

These 3 agreements were published in the BOE (Official State Gazette) of November 12, 1992. Legal nature: they have the status of an international treaty, are incorporated into Spanish law through an ordinary law (Art. 7.1 LO).