Spanish Government and Administration: Structure, Functions, and Principles

Posted on Nov 16, 2024 in Law & Jurisprudence

1. Government and Administration

Mixed Characteristics

The Spanish Government and Administration exhibit mixed characteristics, unfolding in terms of activities (functional). This allows for study from two perspectives:

  • The administrative field, traditionally defined as the highest organ of state administration.
  • Constitutional law, focusing on the defining features of constitutional authority.

A constitutional body’s existence is tied to the allocation of its essential functions by the will of another organ. The Government and Administration are distinct public institutions, though not necessarily separated or disconnected.

Government and Administration: A Unified Executive Function

The Government and Administration are united around the executive function. The Government directs the Administration’s activities, as established by Law 30/1992 and further defined by Law 50/1997 (Government) and Law 6/1997 (LOFAGE – Organization and Operation of the General State Administration). Ministers, as members of the government and heads of the General State Administration, form the core of administrative law.

Structure of the Government

The 1987 Constitution doesn’t explicitly mention the separation of powers. The Government, composed of the President, Ministers, and other members established by law, holds the executive power. Part IV of the Constitution outlines the structure and functions of the Government and Administration, further detailed in Law 50/1997.

The Government’s primary function is managing the Administration. The Administration is instrumental in achieving the Government’s political ends.

Composition of the Government

The Government consists of the President, Vice-Presidents (if any), Ministers, and other members established by law. It operates through collegiate bodies like the Council of Ministers and Government Delegate Commissions.

Ministers’ Tasks
  • Expand Government action within their department.
  • Exercise regulatory power.
  • Assume other responsibilities assigned by laws or regulations.
  • Countersign acts performed by the King within their area of competence.

Council of Ministers

The Council of Ministers, chaired by the Prime Minister, is responsible for:

  • Declaring states of alarm and siege.
  • Approving legislative decrees, decree-laws, and the state budget.
  • Approving regulations for implementing laws.
  • Negotiating and concluding international treaties.

Government Delegate Commissions

These commissions analyze general issues affecting multiple departments and prepare joint proposals for the Council of Ministers. They can also be delegated specific functions by the Council.

Collaboration and Support Bodies

  • Secretaries of State: Implement government action in specific areas.
  • General Commission and Deputy Secretary of State: Prepare Council of Ministers meetings.
  • Secretariat of the Government: Monitors the publication of government provisions and regulations.
  • Cabinets: Provide political and technical advice.
  • Technical Secretariat: Provides technical and administrative assistance.
  • CEOs: Lead relevant ministerial departments.

Functions of Government (Article 97 of the Constitution)

  • Conducting domestic and foreign policy.
  • Managing civil and military administration and defense.
  • Exercising executive and regulatory power.
  • Political programming.
  • Budget management and economic planning.
  • Fulfilling court duties.
  • Declaring states of alarm and exception, and proposing states of siege.
  • Dissolving legislative chambers.
  • Overseeing Autonomous Communities’ exercise of delegated powers.
  • Leading civil defense and military administration.
  • Leading foreign policy regarding treaties and conventions.

Executive Role Summary

  • Implement decisions of the legislative chambers.
  • Enforce laws and regulations.
  • Achieve government objectives outlined in the political agenda.

Legislative Initiative and Regulatory Authority

The Government has the power of legislative initiative and regulatory authority, initiating the development and approval of bills and regulations.

Cessation of Government

The Government ceases after general elections, loss of parliamentary confidence (motion of censure or confidence issue), resignation of the President, or the President’s death. The outgoing government remains in office until the new government is inaugurated.

Motion of Censure

A motion of censure, requiring an absolute majority in Congress, can be used to demand political responsibility from the Government.

Question of Trust

The President can pose a question of trust to Congress to gauge support for the Government’s program or general policy.

2. The Prime Minister

Dual Role

The Prime Minister serves as both an organ of state administration and a political-constitutional body. Key administrative functions include:

  • Participating in the exercise of administrative powers.
  • Adopting regulations by royal decree.
  • Creating, modifying, and dissolving Ministerial Departments and Secretaries of State.

Constitutional Significance

The Prime Minister’s constitutional significance stems from their role in:

  • Receiving investiture from Congress.
  • Proposing confidence issues.
  • Proposing dissolution of Congress.
  • Proposing appointment and removal of Government members.
  • Proposing consultative referendums.
  • Endorsing the King’s acts.
  • Appealing unconstitutional matters.
  • Providing institutional leadership and directing Ministers.

3. The Administration: General Principles

The Administration is an organic complex within the executive branch, responsible for carrying out state functions under the Government’s direction, guided by the principles of Article 103 of the Constitution.

Principles of Article 103

  • Objective service to the general interest: Acting fairly and neutrally.
  • Efficiency: Effective methods and results.
  • Hierarchy: Pyramidal structure.
  • Decentralization: Bringing administration closer to citizens.
  • Deconcentration: Empowering lower administrative levels.
  • Coordination: Joint and effective action.
  • Full submission to law: Respecting all legal sources.

Administrative action must be legal, legitimate, and controlled. If it harms citizens’ rights or property, compensation is required (Article 106 of the Constitution).