Spain’s Transition to Democracy: From Franco to Constitution

Introduction

Spain’s Transition to Democracy

Franco’s death ushered in a new era in Spanish history: the transition to democracy. Despite measures taken by the regime, there was no clear policy for this development. Avoiding another civil war became a priority.

The dictator’s demise triggered institutional succession mechanisms, and Juan Carlos I was proclaimed King of Spain on November 22, 1975.

Part 1: Dismantling the Dictatorship

The Continuity of Arias Navarro

King Juan Carlos’s coronation speech signaled his reformist intentions and his desire for a harmonious monarchy, integrating a “new spirit of harmony.”

The King:

  • Appointed his former tutor, Torcuato Fernández-Miranda, to lead Parliament and the Council of the Realm.
  • Forced Arias Navarro’s government to include leading figures of Francoist reformism, such as Fraga, Osorio, Garrigues, and Areilza.
  • Initiated contact with the opposition and prominent European leaders.
  • Granted a general amnesty, releasing political prisoners, including Marcelino Camacho, leader of the Workers’ Commissions.

Arias Navarro initiated timid reforms, limited to reviving the failed 1974 Associations Act.

Economic and Social Unrest

The Minister of Economy’s wage freeze policy led to labor disputes. Arias Navarro reacted authoritatively to emerging conflicts, including the Vitoria incident, where police killed five people.

Slow reforms and the growing economic crisis fueled the break with the Franco regime. In March 1976, major opposition groups merged into the Democratic Coordinator (Platajunta).

The Rise of Adolfo Suárez

The King prompted Arias Navarro’s resignation and appointed Adolfo Suárez as Prime Minister. Initially seen as an obstacle to reform due to his Francoist background, Suárez initiated a dismantling of the dictatorship. He granted a generous amnesty, initiated contacts, and pursued a strategy of rupture.

This culminated in the Francoist Cortes approving the Law for Political Reform. Suárez called a referendum on the Act on December 15, 1976, which received overwhelming support.

Legalization of Political Parties

A key step was legalizing opposition parties. In 1976, the still-illegal PSOE held its XXVII Congress, receiving backing from the Socialist International and subsequent legalization.

The PCE’s legalization, led by Santiago Carrillo, followed his return from exile in late 1976. The PCE’s moderate stance calmed concerns, despite the murder of five communist militants by a far-right group (Atocha massacre). Pressure from the opposition led Suárez to legalize the PCE in April 1977.

The 1977 Elections

With political pluralism guaranteed, parties prepared for the first democratic elections since the Republic. Suárez created the Unión de Centro Democrático (UCD), while the right-wing Popular Alliance, led by Fraga, formed as a coalition of former Francoists and reform supporters.

The UCD won a plurality in the June 15, 1977 elections. The PCE suffered a setback, and the Popular Alliance was penalized for its Francoist ties.

Part 2: The Constitutional Period

The Moncloa Pacts

The UCD government faced two challenges: the economic crisis and establishing a new political framework.

As the decade progressed, economic problems worsened. The Francoist economic model contributed to the crisis. Political and union forces agreed to address these issues consensually, signing the Moncloa Pacts on October 25, 1977.

The 1978 Constitution

The first step towards drafting the Constitution was creating a committee of deputies from different parties.

Agreements were challenging in areas like education, religious freedom, abortion, divorce, the death penalty, and the electoral system.

Key aspects of the Constitution:

  • A comprehensive bill of rights and freedoms, inspired by the Universal Declaration of Human Rights.
  • Definition of Spain as a parliamentary monarchy.
  • Separation of powers among the legislature (Cortes), executive (government), and judiciary.
  • Establishment of the Constitutional Court and the Ombudsman.
  • Decentralization of the state.

The Constitution was approved by referendum on December 6, 1978.

The New State Autonomy

After the 1977 elections, nationalist parties gained prominence in Catalonia and the Basque Country.

Unanimity on regional boundaries proved difficult.

In Catalonia, nearly a million people demonstrated for autonomy on September 11, 1977. Exiled president Josep Tarradellas returned, and the provisional government negotiated the transfer of powers with the central government.

Andalusia approved a pre-autonomy regime in April 1978, forming the Junta de Andalucía. A referendum on February 28, 1980, ratified the autonomy initiative.

Despite not achieving an absolute majority in Almería, the Statute of Autonomy was adopted on October 20, 1981.