The Spanish Crown: Prince, Family, and Royal Household
The Crown Prince of Spain
According to the Spanish Constitution Article 57.2, the heir to the Crown holds the title of Prince of Asturias, along with other titles traditionally linked to the successor, such as Prince of Girona and Prince of Viana (Navarre). Upon reaching the age of majority, the heir must take an oath as stipulated in Article 61.2.
Regarding marriage, Article 57.4 states that the heir can marry freely. However, if a marriage proceeds against the express prohibition of the King and the Cortes Generales (Parliament), the individual involved will be excluded from the line of succession to the throne.
The Constitution does not explicitly detail the heir’s day-to-day role, beyond assuming representative functions delegated by the King. It specifically mentions the heir taking on the Regency if the King becomes incapacitated, provided the heir is of age (Article 59.2).
While the King receives a state allowance under Article 65.1, the Prince does not directly receive this allocation, although funds from it are designated for their support.
The Spanish Royal Family
Royal Decree 2917/1981 defines the official Royal Family, distinguishing its members from the broader family of the King. This decree regulates the Civil Registry of the Royal Family.
Members officially include:
- The King
- The King’s consort (Queen)
- Their children
- The King’s parents
- The Crown Prince (or Princess)
The Queen Consort typically does not assume constitutional functions, except potentially acting as Regent or guardian under specific constitutional circumstances. She supports the King in his role as Head of State.
Article 57.4, concerning marriages of those in the line of succession, applies broadly: marrying against the express prohibition of the King and the Cortes Generales results in exclusion from succession rights.
Royal Administration: The Royal Household
According to Articles 65.1 and 132.3 of the Constitution, the King receives an overall state endowment to support his Family and Household. The Crown also utilizes certain state assets managed by the National Heritage (Patrimonio Nacional).
The Crown’s State Allocation
Based on Article 65.1 (often referred to historically as the Civil List), this allocation follows these principles:
- It is an allocation for the constitutional office of the Head of State, not a personal salary.
- The amount is set annually within the General State Budget, subject to parliamentary oversight.
- The King distributes this amount freely to support his Family and Household, without requiring governmental countersignature.
The Royal Household (Casa del Rey)
The Royal Household is the administrative body supporting the Crown. The Constitutional Court recognizes its organizational independence from the Government. Its functions include managing the state allocation, coordinating protocol, and supporting the King’s activities. The legal status of its staff requires specific regulation.
The Household comprises several key units:
- Head of the Household: Appointed by the King, this official proposes the Household budget, authorizes expenditures, signs contracts, manages external relations, and coordinates staff and services.
- General Secretariat: Led by the Secretary General (second-in-command), this office acts as Chief of Staff, managing the non-military administrative activities of the Household.
- Military Chamber (Cuarto Militar): Led by a Chief, this unit includes the King’s military aides-de-camp and coordinates military aspects.
- Security Service: Security is coordinated with the relevant state security forces (Ministry of Defence and Ministry of Interior). The Guardia Real (Royal Guard) is the specific military unit providing immediate security.
- Press Office: Manages relations with the media and public communications.
National Heritage (Patrimonio Nacional)
The National Heritage is a collection of properties historically linked to the Crown, now state-owned but assigned for the use of the King and Royal Family. While not detailed extensively in the Constitution, its existence is acknowledged (e.g., Article 132.3).
Key features include:
- It comprises a set of real estate (palaces, monasteries, grounds), movable assets, and rights historically belonging to the Crown.
- These assets are state property, are inalienable (cannot be sold), and enjoy tax exemptions similar to other state property.
- They are distinct from general public domain assets because they are specifically designated for the use and service of the King and Royal Family in the exercise of their high representative functions as mandated by the Constitution.
- Management is entrusted to the Board of Directors of the National Heritage, an autonomous public entity with its own legal personality. The Royal Family uses these assets but does not own them or control their administration or disposal; these tasks fall to the Board.