The Spanish State and Autonomous Communities: Structure and Administration
The General Administration of the Spanish State
Central Administration
The General Administration of the State extends throughout the national territory. It consists of central agencies with nationwide jurisdiction and peripheral agencies operating within the Autonomous Communities and provinces.
Central State Administration
The Central State Administration’s jurisdiction covers the entire national territory. This includes:
- Council of Ministers
- Government Delegate Committees
- Prime Minister
- Ministers
Council of Ministers
The Council of Ministers comprises the President, one or more Vice Presidents, Ministers, and other members as specified by law. Ministers are appointed by the King.
Government Delegate Committees
These committees are created by the government to coordinate actions on issues common to various ministries and to prepare and study matters involving multiple ministries.
Prime Minister
The Prime Minister directs and coordinates government actions and the actions of its members.
Deputy Prime Minister
This position is not mandatory and depends on the President’s will. There may be one or more Vice Presidents.
Ministers
Ministers are appointed by the King to manage a defined branch or sector of activity.
Functions of the Central State Administration in Provinces and Autonomous Communities
These functions are exercised by bodies functionally subordinate to the central organs.
Provincial Deputy
They are the permanent representatives of the national government and the highest authority of the State Administration in their province. They ensure the exercise of public rights and freedoms guaranteed by the Constitution within the province.
Government Delegate
The Government Delegate represents the State in the Autonomous Community. Their responsibilities include:
- Directing and coordinating the State Civil Administration
- Exercising authority over provincial and sub-delegates and all State Civil Administration organs in the Autonomous Communities
- Maintaining cooperation and coordination with the Autonomous Region’s administration
Advisory Administration
Spanish legislation has established organizations to provide advice and counsel to state agencies.
Council of State
The Council of State provides opinions on issues submitted by the government, its members, and the Autonomous Communities through their presidents.
Economic and Social Council
This is a government advisory body on socioeconomic and labor matters attached to the Ministry of Labor and Social Affairs. It comprises representatives of trade unions, employers, consumers, and experts.
Financial Control of the Administration
This is used to determine if the Administration’s financial activity complies with governing principles and rules. There are two types: internal control and external control.
The Autonomous Communities
Regional administration is regulated by Title VIII, Chapter Three of the Constitution, under the heading “The Territorial Organization of the State.”
The Autonomous Map
Spain has 19 Autonomous Communities, seven of which have assumed all powers contained in Articles 148 and 149 of the Constitution.
Autonomous Communities According to Article 144 of the Constitution
The General Courts, through organic law, may authorize the constitution of an Autonomous Community if its territory does not exceed that of a province and does not fulfill the conditions of Article 143, for reasons of national interest.
Autonomous Communities According to Article 151.1 of the Constitution
This section was designed for territories with an existing autonomic system and those that ratify this form of access through a referendum with the affirmative vote of an absolute majority of voters in each province, as established by organic law. This includes Andalusia, Catalonia, the Chartered Community of Navarre, and the Basque Country.
The Statute of Autonomy
The Statute of Autonomy is the basic institutional framework for each Autonomous Community within the Spanish State. They have the rank of organic law and are part of the legal system. Key elements, as provided in Article 147.2 of the Constitution, include:
- The name of the Community that best suits its historical identity
- The delimitation of its territory
- The name, organization, and seat of its autonomous institutions
- The powers assumed within the framework established by the Constitution and the basis for transferring related services
These are minimum requirements, as other constitutional provisions relate to aspects such as language, flag, the election of senators and representatives, legislative initiative, financial autonomy, and economic resources.
The Legislature
The legislature is a unicameral parliament, also called the General Deputation or Governing Board. It is elected every four years by universal, free, equal, and secret suffrage. The Assembly exercises legislative power, controls the political action of the Governing Council, chooses the President of the Community from among its members, and approves budgets.
The Governing Council
This body exercises political and administrative functions and regulatory authority. It comprises the President and Ministers appointed by the President with sectoral responsibilities.
The High Court of Justice
This is the highest judicial body in the Autonomous Community, without prejudice to the jurisdiction of the Supreme Court. It is integrated into the state court system, as the Autonomous Communities lack exclusive judiciary power. The High Courts have jurisdiction over the entire territory of the Autonomous Community where they reside. Its four chambers (Civil, Criminal, Administrative Litigation, and Social) hear cases as provided in the Organic Law of the Judiciary and the Statute of Autonomy.