Spain’s Transition to Democracy: From Franco to Juan Carlos I
Organic Law of the State (1967)
This law, enacted during Franco’s dictatorship, outlined the functions of the Head of State. It granted Franco, as Caudillo, national sovereignty, a term inconsistent with his imposed dictatorship. Franco led the National Movement, the sole party that disseminated the regime’s ideology. He held executive power, approving laws and ensuring their implementation, and legislative power, including the ability to grant clemency. As Head of State, he also commanded the armed forces and was responsible for public order and security.
The Organic Law, passed in 1967, consolidated six fundamental laws from 1938 and 1958. It aimed to create a facade of democracy for potential entry into the European Economic Community (EEC), as the 1962 Munich Platform demanded democratic legitimacy for membership in European organizations.
The law maintained a concentration of power, even with the division between Head of State and Prime Minister (a position created for Carrero Blanco in 1973). Despite a ban on opposing propaganda, the law’s approval via referendum served to legitimize Franco’s regime.
Manifesto of the Democratic Board
This political text, written by the Democratic Board led by Santiago Carrillo of the PCE (Communist Party of Spain), advocated for a peaceful transition to democracy in Spain, with rights and freedoms for citizens.
Key demands of the Manifesto:
- Formation of a provisional government to replace the Franco regime and restore citizens’ rights and freedoms.
- Amnesty for political prisoners and the legalization of trade unions, as the only permitted union was the vertical one controlled by the regime.
- Political pluralism through the legalization of all political parties.
- Freedom of assembly, expression, and the right to strike, as censorship was prevalent in Spain.
- Independence of the judiciary, as the Organic Law of the State granted this power to the Head of State.
- Non-intervention of the army in politics and its role limited to maintaining public order.
- Statutes of autonomy for all regions, challenging the existing centralized system that suppressed nationalism.
The Manifesto’s demands mirrored those of the European Movement’s 1962 Munich Congress, which called for modernization. The Democratic Board and the Democratic Convergence Platform gained prominence in the 1970s as opposition grew. This document holds historical significance as its core principles underpin Spain’s current constitutional monarchy.
The Crown’s Message (1975)
This excerpt from King Juan Carlos I’s speech, delivered two days after Franco’s death, marks his assumption of the Head of State position. His father, Don Juan, had not yet relinquished his dynastic rights. Franco had appointed Juan Carlos as his successor years earlier, as stipulated in the Law of Succession. Upon assuming the role, Juan Carlos inherited the concentrated powers of the Head of State, including leadership of the National Movement—the same powers Franco held.
Juan Carlos acknowledged Franco’s death, stating, “At this time filled with sorrow at the events we have just experienced…” He faced uncertainty regarding the future direction of Spain. Within the Cortes (parliament), three main positions existed: immobility, opening, and reforms.
The opposition, operating in secrecy and illegality due to the ban on political parties and unions, included:
- PCE (Communist Party of Spain), gaining influence within the Workers’ Commissions (CC.OO).
- PSOE (Spanish Socialist Workers’ Party) and UGT (General Union of Workers), both with internal divisions and exile representation.
- Moderate Christian Democrats, who joined with the PNV (Basque Nationalist Party) and the Democratic Union of Catalonia.
These parties formed unified platforms like the Democratic Board and the Democratic Convergence Platform.
The King’s speech aimed to garner maximum support for a transition process. He emphasized consensus and hinted at potential changes, including:
- “…regional peculiarities…” suggesting future autonomy to gain support from nationalist regions.
- “…recognition of social and economic rights of all…exercise of freedoms…” hinting at expanded rights and freedoms.
He directly addressed the Church and the army, pillars of the Franco regime, seeking their support. While the speech didn’t explicitly define his intentions, it signaled a move towards reform within the existing legal framework.
The Law for Political Reform (1976)
In 1976, Torcuato Fernández-Miranda, President of the Cortes, drafted the Law for Political Reform. This “political suicide” project, approved by the Cortes, repealed the fundamental principles of Franco’s National Movement. After a referendum, it was finally approved in 1978. The law established political, social, and economic rights and freedoms, with the main duties being defending the nation and paying taxes.
Finally, Don Juan ceded his dynastic rights to his son, the current King of Spain, shortly after the political reform and before the first democratic elections.