The Spanish Transition: From Dictatorship to Democracy (1975-1978)

Spain’s Transition to Democracy (1975-1978)

The Reign of Juan Carlos I and the Reform Process

Juan Carlos I, as heir to Franco, began his reign in 1975. Both the democratic opposition and Franco’s supporters placed their trust in him. Arias Navarro, a figure from the Franco era, became the first President of the government under the monarchy and faced widespread criticism. His heterogeneous government, which included Manuel Fraga, presented a political program that lacked innovation and praised Franco’s regime. This government became increasingly identified with the hardline Franco supporters (known as the “bunker”).

The lack of strong leadership allowed the media to advocate for democracy and autonomy. The government had to deal with several problems, including:

  • Constant strikes
  • The rise of terrorism (ETA and GRAPO)
  • Resistance to reform from the “bunker”

Fearing a loss of political initiative, the King dismissed Arias Navarro and appointed Adolfo Suárez as the new president. Suárez proved to be a leader capable of understanding society’s desire for change. He formed a cabinet with young, reform-minded ministers, which slowed down the Franco regime’s defenders and attracted the opposition. However, his political activity was negatively impacted by terrorism, with the most dramatic event being the killing of five lawyers in the Atocha Street Massacre. He also faced the “Operación Galaxia”, a coup attempt involving military and civilian figures. In addition to these challenges, the economic crisis worsened, triggering more strikes.

In response to these challenges, the government decided to expedite the Political Reform Act (LRP). This aimed to replace the Francoist system with a democratic one based on popular sovereignty, the establishment of courts chosen by universal suffrage, the development of a constitution, and adherence to fundamental human rights. The text was submitted to a referendum and came into force on January 4, 1977.

The adoption of the LRP had two main objectives:

  • The restoration of freedom
  • The call for democratic elections

Since political parties were still illegal after Franco’s death, the government needed to legalize them. The most significant challenge was the legalization of the PCE (Communist Party of Spain), which Suárez personally oversaw. Suárez formed the UCD (Union of the Democratic Centre), while the right-wing was represented by the Popular Alliance, led by Fraga.

The Opposition and the Moncloa Pacts

The opposition advocated for a democratic rupture to end the Franco regime and demanded:

  • A strong provisional government
  • A general amnesty
  • Political freedoms
  • Recognition of Spain’s historical nationalities

Numerous demonstrations with political demands took place, with the most intense occurring in the spring of 1976, forcing the government to accelerate reforms.

The Moncloa Pacts were a response to the political and social consequences of the economic crisis. They had two main objectives:

  • Reform and reorganization of the economy to address the recession, lack of investment, and rising oil prices.
  • Legal action to guarantee freedom of expression, assembly, and association.

The 1977 Elections and the Constitution of 1978

The next step towards democracy was the call for elections. According to the LRP, the Cortes (Parliament) would be composed of the Congress of Deputies and the Senate. Over 78% of the electorate voted, and the UCD won the most votes but lacked an absolute majority, forcing the president to negotiate reforms with other parties.

The primary task of the new Cortes was the drafting of a constitution. The Committee on Constitutional Affairs was responsible for its development. The document was submitted to a referendum in late 1978 and was approved.

This constitution incorporated the essential features of Western democracies and identified Spain as a social and democratic state under the rule of law. It proclaimed national sovereignty, established a parliamentary monarchy as the political system, guaranteed human rights, and established the principle of separation of powers. It also established the separation of the three branches of government: the legislature (Parliament), the executive (government), and the judiciary (independent judges).

The Beginnings of Devolution

In 1977, Suárez initiated the process of devolution. The first step was taken in Catalonia with the restoration of the Generalitat (Catalan government). In the Basque Country, the General Basque Council was established. The constitution provided for two paths to autonomy:

  • A fast track for the historical nationalities (Catalonia, Basque Country, and Galicia, with Andalusia joining later), which allowed them to achieve greater self-government.
  • A slower track for other regions.

The devolution process was conditioned by the LOAPA (Organic Law of Harmonization of the Autonomic Process), and Spain was divided into 17 autonomous regions, plus Ceuta and Melilla. The constitution affirmed the indissoluble unity of the Spanish nation, while recognizing the autonomy of its regions.