Spain’s Political System: Institutions and Legislative Process
Chapter 6: The Political System of Spain
Major Institutions
2. The Current Constitution
The current Constitution of 1978 echoes the liberal principle of separation of powers, separating organically holders of executive, legislative, and judiciary, and establishing relationships and control mechanisms and subject of some over others. Besides these constitutional bodies, the Constitution provides others like the Ombudsman or the Court of Auditors.
2.1. The Parliament
In the Spanish political tradition, Parliament has been built, except in the Constitutions of 1812 and 1931, for two Chambers. The current Constitution provides that the Spanish Courts are compounded by the Congress of Deputies and the Senate.
However, it is an asymmetric bicameralism, as Congress takes precedence over the Senate, both in the legislative function and with regard to relations with the Government. The Senate is the chamber of territorial representation, although this character has not been yet fully endowed with content.
The Courts have assigned the functions representative, legislative, decisions on public expenditure through the approval of the General State Budget, and the control of government action. However, relations between the Courts and the Government are clearly lopsided in favor of it, being the Spanish system of relations between the two most pro-government institutions in Europe.
The function is well-developed legislative bills approving or decree-laws prepared by the Government or Members’ bills originating in either of the two Houses, in the assemblies of some of the Autonomous Communities, or by the mechanism of the initiative. The cameras can operate in full or commissions and may delegate to one permanent legislative committees approving projects or bills (with some exceptions). Additionally, the Parliament may delegate to the Government the power to make laws on certain subjects, provided the delegation is made into a law that explicitly specifies the concrete matter to regulate, and the time that the Government has to fulfill this role.
Projects or bills considered are discussed and voted first in the Congress, which will pass the Senate, which will return the text after discussion (adopted, amended, or vetoed) to Congress. This may exceed the amendments (by a simple majority) and the veto (by absolute majority) of the Senate. In both Houses shall be the commission concerned that originally processed the text and may have been delegated the authority to approve it, but shall remain intact the right to seek full debate and eventual approval. Subsequently, the full text respective pass for debate and approval. Once approved by the Parliament, the King sanctions and promulgates, ordering its publication in the Gazette to come into force.
The two structures of intervention by lobbyists in government and politics are:
- The customer, by which a group arrives to monitor the activity of an industry dependent on a Ministry with the advice in the absence of technical bureaucrats prepared (Fiat with the Ministry of Industry, for example).
- The household, which indicates the relationship between officials of the Ministry and a pressure group with shared values and goals, which the group wins control of the Ministry to through patronage appointments and (Ministry of Education concerning teaching Catholic organizations, for example. Minister throughout the First Republic and all the coalition was always DC).
In the 1980s the conclusion national level was difficult, but it did lead consultation cultures locally and businesses to reach national agreements of 1992 between the Government, unions, and employers on the abolition of the sliding scale of wages, which continued to 1993 on collective bargaining and incomes policy, succeeded in reducing inflation and meet the Maastricht convergence criteria. The Agreement of 1996 reformed the labor market work and in 1999 sealed the social pact for development and employment, a complex document to stimulate economic growth and employment, especially in the South.