Spain’s Transition to Democracy: From Dictatorship to Constitution

1. Early Transition

1.1 Stationary, Reformers, and Ruptures

The Spanish political scene faced a choice: continue Franco’s regime, reform institutions towards democracy, or break with the dictatorship and build a democratic system. Juan Carlos de Borbón was declared King. The Carlos Arias Navarro government initially aimed to continue Franco’s policies, proposing restrictive laws on assembly and association that didn’t recognize political parties.

The opposition formed a common agenda, uniting anti-Franco forces in the Democratic Coordination. They demanded a provisional government and general elections to establish a new political system. Increased labor disputes and general strikes in Catalonia, the Basque Country, and Vitoria, along with repression in Madrid, pressured the government.

The Suarez Government and Political Reform

Different positions emerged: hardliners favored ongoing repression, while reformers sought gradual change within Franco’s legal framework. Student killings and clashes between Francoists and Carlists highlighted the tension.

King Juan Carlos forced Arias Navarro’s resignation, appointing Adolfo Suárez, a young reformist. Suárez had to overcome hardliner resistance and attract democratic opposition support.

Suárez initiated dialogue with democratic forces, issued an amnesty for political prisoners, and proposed the Political Reform Act, recognizing fundamental rights. This involved dismantling Franco’s structures and establishing a bicameral assembly, achieved through negotiations between the government and Francoist representatives.

1.2 The Construction of Democracy

The path to general elections was paved with decrees allowing freedom of association. Political parties, including the Communist Party (PCE), were legalized, despite hardliner opposition. The legalization of the PCE, following the Atocha Street Massacre of labor lawyers, caused a government crisis but strengthened democratic legitimacy.

The First Democratic Elections

In 1977, parties opposed to Franco (PSOE, PCE, etc.) prepared for elections. Manuel Fraga formed the right-wing Alianza Popular, while Suárez created the Union of Democratic Centre (UCD). The election saw high turnout and peaceful participation, with UCD winning and Suárez forming the first democratic government since the Civil War.

The 1978 Constitution

A committee of MPs from all parties drafted a democratic constitution, employing a policy of consensus to resolve key issues. The resulting constitution, somewhat ambiguous due to the need for broad agreement, was adopted by both the left and right and published on November 6, 1978. It defined Spain as a “social and democratic state of law” organized as a parliamentary monarchy, with the crown representing the state and the army under civilian control.

Key features included: the non-denominational character of the state, fundamental rights and liberties, abolition of the death penalty, Castilian as the official language, establishment of a Constitutional Court, a free market, and the right to autonomy for nationalities and regions.

1.3 The Status of Autonomous Regions

The constitution decentralized state powers, enabling the creation of autonomous regions in two stages: pre-autonomy and political autonomy.

Pre-autonomy was granted to Catalonia, with the return of President Tarradellas and the establishment of a provisional government. General councils were established in the Basque Country and Galicia.

The constitution allowed all regions to become autonomous communities, each governed by a Statute of Autonomy, providing for self-government and autonomous parliaments. Two procedures were established: a faster one for historical nationalities and a slower one for others. Most communities followed the slower process, except for Navarra, which had a special mechanism. The first Statutes of Autonomy were those of Catalonia and the Basque Country, followed by Galicia and Andalusia.


2. Economic Crisis, Social Consensus, and Violent Attitudes

2.1 An International Economic Crisis

The international economic crisis, triggered by rising oil prices, caused a recession in Spain. Inflation soared, reducing export competitiveness and doubling the trade deficit. The depreciation of the peseta helped maintain exports, while tourism and foreign investment alleviated the deficit in the early years. The energy crisis led to an industrial crisis, affecting sectors like consumer goods, steel, shipbuilding, and transport, leading to increased unemployment.

2.2 The Moncloa Pacts and Policy Consensus

Addressing the economic crisis required an understanding between the government and major opposition forces. The Moncloa Pacts were signed, comprising agreements for economic reform and reorganization, along with a program of legal and political action.

Politically, public life was regulated according to democratic principles enshrined in the constitution. Economically, measures were taken to reduce inflation, spread the costs of the crisis, control public spending, reform the tax system, establish a new industrial relations framework, and streamline temporary employment.

Tax reforms modernized the Spanish tax structure, introducing a Special Tax on Capital and reforming income tax, aligning Spain with developed countries and laying the groundwork for the Welfare State.

Enemies of Democracy

Some groups used violence to destabilize the country and impede democracy. Threats came from extreme right-wing groups, military coup attempts, and terrorism. Right-wing forces organized demonstrations and violent groups (like Triple A), and there were military destabilization attempts, such as Operation Galaxy.

Extreme left groups engaged in terrorism, with organizations like GRAPO and FRAP. The main terrorist threat came from ETA, whose attacks caused numerous deaths. In Catalonia, Terra Lliure committed attacks and kidnappings before disbanding.