Spanish Organic Law of the State (1967): Franco’s Powers
Organic Law of the State (Spain, 1967)
Palabra: The supreme representative of the nation holds the national leadership of the Movement, enforces fundamental laws, appoints senior State officials, commands the armies, and ensures public order.
Comments: This legal primary source, a fragment of the Organic Law of the State (LOE) from January 10, 1967, outlines the powers of Spain’s Head of State, Franco. The LOE distinguished between the Head of State and the government. Under Franco’s totalitarian dictatorship, the Organic Law of the Courts was developed, but democracy was absent. Franco disregarded the constitution, allowing only one party and one union.
The LOE consolidated laws from the 1940s (Labor Law, Law of the Courts, Succession Act, Referendum Act), 1950s (Tax Law, Collective Agreements Law, National Movement Law), and 1960s (Social Security Act, Press Law, Official Secrets Act). The core idea is the Head of State’s prerogative powers under an organic law.
Franco’s Absolute Power
The phrase “highest representative of the nation” refers to Franco’s dictatorship, which held executive, legislative, and judicial powers. His regime was dictatorial, personal, and totalitarian, supported by the Church, Falange, and Army. Only one party and union existed, denying universal suffrage. “Holds the National Movement headquarters” reflects Franco’s ideology, rooted in national Catholicism.
In this absolute government, the Council of Ministers managed the executive, the Courts handled the legislative, and the Tribunals the judiciary.
Enforcement of Fundamental Laws
“Observance of the fundamental laws” refers to existing laws like the Labor Law, Trade Union Unity Act, and the Succession Act, which declared Spain a monarchy under a Bourbon successor. The National Movement Act codified regime principles, while the Social Security Act provided medical care. The Press Law offered limited freedom, leading to the Official Secrets Act.
State Agencies and Military Command
“High State agencies” include the Council of Ministers (executive), the Courts (legislative), and the Tribunals (judiciary). Rivalry existed among Franco’s supporters for access to these organs.
“Supreme command of the army” highlights Franco’s control as Generalissimo over the military, ensuring absolute power. “Preservation of public order” involved repressive methods by the Civil Guard and army, media censorship, Falangist ideology in schools, and Catholic morality.
Religious Freedom and Succession
The LOE included religious freedom, despite Franco’s initial opposition to the Vatican Council. It also declared Spain a kingdom, naming Juan Carlos I as Franco’s successor.
Conclusion
The LOE brought significant changes to Spain, integrating some beneficial reforms while maintaining Franco’s national character.