Spain’s Autonomous Communities: A Unique Model
The Spanish Autonomous Model
Spain’s political decentralization is structured through a unique, open model. Originating from a centralized unitary state, the 1978 Constitution, established by the constituent courts, marked a turning point. This constitution didn’t mandate decentralization but provided a framework for regions to pursue autonomy. Regions seeking autonomy could choose from three distinct paths.
Three Paths to Autonomy
First Path (Article 143)
This path, considered the easiest, offers a gradual approach to autonomy with several key features:
- Regions can halt the process at any point, retaining their current level of autonomy.
- Regions can selectively choose which competencies to assume.
- There’s a possibility to exceed the standard limits of this path, as exemplified by the Canary Islands.
The process begins with municipalities and provinces initiating a request for autonomy. Spain has 50 provinces; the Canary Islands were the last to initiate this process. The provincial governing body (the County Council, or Cabildo in the Canary Islands) files a report expressing the desire to pursue autonomy under Article 143. This is known as the “self-initiative” (Iniciativa Autonómica – IA).
The Constitution allows a province to attain autonomy individually or with other bordering provinces.
Once the first council reaches an initial agreement, there’s a six-month deadline to finalize the process. Failure to do so requires those provinces and municipalities to wait five years before attempting again. Upon successful completion, a Statute of Autonomy is drafted. This statute is the supreme law of the autonomous community, subordinate only to the Constitution. It defines the community’s name, capital, and competencies, which can be legislative or executive.
Second Path (Article 151)
Article 151 provides a path to greater legislative powers. Unlike Article 143, regions pursuing this path *must* proceed to full autonomy; they cannot remain at a stage of administrative decentralization.
This path involves two referendums. The first, and most challenging, requires an absolute majority (50% + 1) of the census in *each* province. The second referendum is to adopt the Statute of Autonomy.
Third Path (Transitional Provision Two – DT2)
This path, outlined in the Second Transitional Provision (DT2) of the Constitution, was designed specifically for Catalonia and the Basque Country. It allowed these communities, which had enjoyed autonomy in the past, to achieve the same level of autonomy as those under Article 151 *without* requiring referendums.
The Case of Navarre
Navarre followed a unique fourth path, not explicitly defined by Articles 143 or 151. Its autonomy was established through a “Law of Improvement of the Charter” (Ley de Amejoramiento del Fuero). “Fuero” refers to historical privileges dating back to the absolute state. Navarre’s historical jurisdiction was respected, allowing it to bypass the standard process followed by other communities.
The Canary Islands: A Special Case
The Canary Islands achieved autonomy through Article 143, but with a unique circumstance. Some municipalities initially made an incorrect agreement, not due to ignorance but for political reasons, positioning them between Articles 143 and 151. However, referencing the case of Andalusia, they ultimately opted for Article 143.
The Canary Islands’ autonomy is subject to LOTRACA (Organic Law of Transfer of Competences to Autonomous Communities), which introduces two key differences:
- LOTRACA competencies are reversible; the state can reclaim them.
- The state retains control over how the Canary Islands exercise these competencies.