Structure of Public Administration in Spain

Posted on Mar 28, 2025 in Law

General State Administration (AGE)

The General State Administration (Administración General del Estado – AGE) acts across three dimensions:

  1. Central: Government level.
  2. Peripheral: Delegates and Sub-delegates.
  3. Functional: Autonomous agencies and public enterprises.

Central Administration

The Central Administration implements the administrative policy of the Government. To perform these actions, it is organized into departments (ministries) with central services.

The Prime Minister is the most important figure in the system, responsible for directing the actions of the Government and coordinating the various ministers. Coordination mechanisms include:

  1. The Cabinet (Consejo de Ministros).
  2. The General Secretariat of the Presidency of the Government.
  3. Delegated Government Commissions.
  4. Relations with the Parliament (Cortes Generales).
  5. The Government Spokesperson.
  6. The Secretariat of the Government.

Ministry Organization

Ministries are structured with the following types of organs:

  • Higher Organs: Minister and Secretary of State.
  • Management Organs: Secretary General, Assistant Secretary (Subsecretario), General Technical Secretariat, Director General, Deputy Director General.
  • Dependent Organs: Services, sections, bureaus.

Peripheral Administration

This dimension operates at the territorial level below the central government.

Government Delegates in Autonomous Communities

The Government Delegate in each Autonomous Community (CA) is responsible for directing and supervising the services of the AGE within that region, coordinating activities with ministries and plans.

Government Sub-delegates in Provinces

In the provinces, the Government Sub-delegate manages AGE services according to the orders received from the Government Delegate.

Functional Administration (Instrumental)

The instrumental administration groups various public entities:

  • Autonomous Bodies: E.g., Ministry of the Interior -> Directorate-General for Traffic (DGT).
  • Public Business Entities: E.g., Ministry of Transport -> Renfe Operadora.
  • Managing Bodies of Social Security (SS): E.g., Ministry of Labour and Social Economy -> General Treasury of the Social Security (TGSS).
  • Public Agencies with Specific Systems: E.g., Ministry of Economy and Finance -> State Tax Administration Agency (AEAT).

Autonomous Communities (CA)

  • The autonomy of the Autonomous Communities (Comunidades Autónomas – CA) is political, meaning they possess legislative power, whereas municipalities and provinces have administrative autonomy.
  • The CAs are legally separate and distinct entities from the State.
  • The CAs can create laws applicable within their autonomous territory.
  • CA organs participate in general state duties as established by law.

Statutes of Autonomy

The Statute of Autonomy is the basic institutional norm for each CA. Its content must include:

  1. The denomination of the CA that best matches its historical identity.
  2. The delimitation of its territory.
  3. The name, organization, and headquarters of its own autonomous institutions.
  4. The powers assumed within the framework established by the Constitution.

Local Administration

Local Administration consists of various local entities.

Territorial Entities

The primary territorial entities are:

  • Municipalities
  • Provinces

Other territorial entities also recognized as local authorities can include:

  • Territorial entities below the municipality level, established or recognized by the CAs.
  • Regions (Comarcas) comprising several municipalities.
  • Metropolitan areas.
  • Associations of Municipalities (Mancomunidades).

Local Direct Taxes

Direct taxes applied by local councils include:

  1. Tax on Real Estate (Impuesto sobre Bienes Inmuebles – IBI).
  2. Tax on Economic Activities (Impuesto sobre Actividades Económicas – IAE).
  3. Tax on Mechanically Propelled Vehicles (Impuesto sobre Vehículos de Tracción Mecánica).
  4. Tax on Constructions, Installations, and Works (Impuesto sobre Construcciones, Instalaciones y Obras – ICIO).

Municipal Administration

The Plenary Council (Pleno del Ayuntamiento) is the highest organ of municipal government, formed by the councilors and chaired by the Mayor.

The Mayor (Alcalde) is the chairperson of the council and the primary authority of the municipal government.

Provincial Administration (Province)

The province is a local entity with its own legal personality, composed of a grouping of municipalities.

A key function of the Provincial Councils (Diputaciones Provinciales) is to coordinate various municipal services, ensure their availability across all municipalities in the province, and provide technical and economic assistance.

Composition of Provincial Councils

Provincial Councils are typically composed of:

  • The President.
  • Vice Presidents.
  • The Plenary Session (Pleno).
  • The Governing Board (Junta de Gobierno).