Spanish Government Structure and Parliamentary Control
Government Composition configuration is legal, as determined by the Constitution. The Constitution establishes the composition of the Government (President, Vice-Ministers), which will be determined by law (Article 1.2 of Law 30/92).
- Single-member bodies
President
Appointed by the King after receiving the Congress’s confidence. The President forms the government, appoints its members, represents, directs, and coordinates their activities (Article 2 of the Law on Government).
Vice President/s
Their functions are entrusted to them by the President. They replace the President in case of vacancy, absence, or illness, according to the order of priority. Vice Presidents may or may not also be Ministers. They are appointed and dismissed by the King upon the Prime Minister’s recommendation.
Ministers
(Regulated in Article 4 of the Law on Government). They serve as a link between the government and the administration. According to Article 4, there may also be Ministers without portfolio, also appointed by the King upon the Prime Minister’s recommendation.
- Collegial bodies of government
Council of Ministers
Ministers meeting chaired by the President, encompassing the entire Government. The powers of the Council of Ministers are detailed in Article 5 of the Law of Government. They are responsible for creating standards: approving royal decrees, draft laws, draft budgets, actual decree laws, and regulations. They have expertise in negotiating and signing treaties and managing leadership competence: adopting programs, plans, and guidelines.
Government Commission
Committees of select Ministers, which may include Secretaries of State, aim to decentralize and streamline government functions. They address issues pertaining to various Ministries. Their creation, modification, and deletion are agreed upon by Royal Decree of the Council of Ministers (Article 6 of the Government Act).
- Bodies of collaboration and support to the Government
Secretary of State
(Article 7 of the Government Act).
Committee of General and Assistant Secretaries of State
Composed of all Ministers and State Secretaries from different ministries. The chair is usually a Deputy Prime Minister. Its primary function is to prepare the meetings of the Council of Ministers and identify issues for discussion. Article 8 of the Government Act prohibits making decisions delegated by the Government.
Secretariat of Government
(Article 9 of the Law of the Government) provides administrative assistance to both the Council of Ministers and the Committee of Secretaries of State.
Cabinets
Organs of political and technical support for the President, Vice President, Ministers, and Secretaries of State. They are not integrated into the administrative structure and form the “Moncloa Complex” regulated by Royal Decree 839/96.
Relations Between Government and Parliament
Proclaimed in Title V of the Constitution, the courts exert control over government actions. They can reject bills, create commissions of inquiry, etc.
Mechanisms of Parliamentary Control of Government
- Requests for information: In the chambers and committees, through their President, may seek information and help from the government, departments, authorities, or Autonomous Communities (CCAA’s).
- Questions and questioning: Must be submitted by members of the government in the chambers. Deputies and senators can ask questions in both plenary sessions and committees. Questioning on specific topics can lead to widespread debate in the full chamber.
- Motions: After questioning, the House states its position by voting.
- Question of confidence: “Government is jointly accountable for its management policy to the Congress.” The President submits to Congress the issue of confidence in their program or general policy. A simple majority of supporting MPs is needed; if denied, the President must resign, leading to new elections.
- Motion of censure: Congress claims responsibility for government policy, based on the initiative of the chamber and proposed by a tenth of the deputies, including a presidential candidate. If successful, obtaining an absolute majority vote, the candidate is automatically invested with the confidence of the camera.
Dissolution of the Chambers
The President can propose dissolution, balancing the possibility of Congress withholding its confidence. This should only occur when there is a significant mismatch between parliamentary opinion and the electorate. The dissolution is decreed by the King through a royal decree, setting a date for new elections. It cannot occur during a pending motion of censure, within one year of a previous dissolution, or during states of alarm, emergency, or siege.