Spain’s Transition to Democracy: Constitution & Autonomy
After Franco’s death on November 20, 1975, and the ascension of Juan Carlos I to the throne, Franco’s regime continued, with a division between the immoviles (the “bunker”) and those favoring openness (Manuel Fraga, Areilza, Adolfo Suarez). The Opposition, still illegal, was quite divided but included the PCE (led by Santiago Carrillo), the Socialists (split into PSOE led by Felipe González, and PSP led by Tierno Galván), and Basque and Catalan nationalists. These groups were joined by clandestine trade unions, especially CCOO led by Marcelino Camacho.
With Juan Carlos I on the throne, Arias Navarro was confirmed as president. His government adopted a hesitant policy, while Arias sought the continuation of Franco’s ministers who favored openness (Fraga, Areilza). Timid reform projects were initiated, but social unrest increased in the streets, with strikes and demonstrations harshly repressed by police, resulting in several deaths.
Given the failure of this government, the king appointed Adolfo Suarez in July 1976. Suarez aimed to dismantle Franco’s apparatus and establish a democratic system through reform from within the system, led by the government and using Franco’s existing legality, as opposed to the opposition’s proposal for a complete disruption of democracy. Suarez’s plan involved developing the Law for Political Reform, calling for the dissolution of the Movement and free elections. This was developed and approved by the Francoist Cortes itself. In December 1976, it was submitted to a referendum, obtaining broad popular support. In early 1977, Suarez carried out major reforms: the dissolution of the National Movement, legalization of political parties (including the PCE) and unions, and the return of political exiles, culminating in the elections of June 15, 1977 – the first democratic elections since 1936.
The elections resulted in a majority for the Democratic Center Union (UCD), a party led by Adolfo Suarez, who thus continued in power. The PSOE came in second, consolidating itself as the main opposition party. At some distance were the PCE and the Popular Alliance, the party founded by Fraga and ideologically situated to the right of UCD.
The Courts emerging from the elections had as their primary task the drafting of the Constitution of 1978, the result of consensus among all political forces represented in parliament. It was approved by the Parliament and put to a referendum in December 1978, which established that the Spanish State is a parliamentary monarchy. Executive power is vested in the Government, and legislative power in the bicameral Cortes (Congress and Senate) elected by universal suffrage by all citizens over 18 years. The Constitution provides a comprehensive bill of rights and individual and social freedoms (right to education, work, and housing). In terms of religion, the state has no official religion, although it refers to the Catholic religion. It also provides for the possibility of establishing autonomous regions.
The need to address the serious effects of the international economic crisis in Spain, rising unemployment, and inflation led to an agreement between all political forces to carry out a program of measures to cope with the crisis (Moncloa Pacts, October 1977).
The State adopted a decentralized model with two types of autonomous government:
- The historical communities (Catalonia, Euskadi, Galicia, and Andalusia) with greater self-government.
- The other communities with a lower level of self-government.
At the end of 1979, the Statutes of Catalonia and Euskadi were adopted. Between 1980 and 1983, the remaining statutes were adopted. Thereafter, and with huge rivalries between communities, the transfer process began. The LOAPA (Harmonization Act of the Autonomic Process) was responsible for putting the framework for such transfers. Collaboration between Convergence and Union governments and the PNV UCD accelerated devolution. The state is defined as a set of autonomous communities.