The Spanish Transition to Democracy: A Historical Overview
The Spanish Transition to Democracy
The End of Franco’s Regime
The Franco regime was already in crisis in 1973, but the transition to democracy only became possible after his death in late 1975. This transition was unique, achieved with relatively low political and social costs. Unlike other countries, Spain did not experience military intervention or war, although the conditions were present. Despite challenges like terrorism, nationalism, and the lingering memory of the Civil War, the transition occurred without economic collapse or the threat of a leftist dictatorship, as seen in Portugal.
Several factors contributed to this success: the existing level of social and economic development, the presence of a monarchy with a legitimate heir from the previous regime, and the willingness of the old regime’s political class to compromise with the opposition.
The New Monarchy
Following Franco’s death, Europe held a sense of expectation. Notably, no major European politicians attended his funeral. The new king, Juan Carlos, was initially associated with his father’s more liberal image.
One of the most distinctive aspects of the transition was the monarchy’s role. King Juan Carlos, named heir by Franco but also inheriting a liberal tradition, was seen as a driving force for change, much like Jose Maria de Areilza.
Evidence of this can be seen in the Arias Navarro government, which appeared to be a transitional administration. Under the Monarch’s influence, it included figures with more liberal backgrounds, such as Areilza, Fraga, and Garrigues. The Monarch also influenced the appointment of Fernandez Miranda as President of the Cortes.
Arias’s six-month tenure was marked by disorientation and a lack of direction. His reforms were minimal, limited to repealing a decree against terrorism and enacting a new law on assembly and demonstrations. The reform of the Criminal Code faced significant obstacles due to fears surrounding the legalization of the Communist Party. Difficulties also arose from the opposition. In January 1976, a wave of social unrest swept the nation, with notable events in Vitoria.
The economic crisis, the lack of preparedness of public order forces for such conflicts, and the sudden politicization of these events all contributed to the challenges. From 1976 onward, the first public acts of the opposition took place. The opposition united, aiming for change in line with those in power. By the summer of 1976, reform seemed impossible. The government lacked direction, and uncertainty grew. The King ultimately forced Arias’s resignation.
The Political Reform
The outcome of the government crisis surprised political observers. The King appointed Adolfo Suarez as Prime Minister, recognizing his moderation and ability to build consensus. In just three months, Suarez’s government achieved a significant shift in the political landscape.
In September 1976, the Law for Political Reform was drafted, outlining institutional changes:
- Popular sovereignty
- Respect for human rights
- Election of a bicameral parliament (Congress and Senate)
- Task of drafting a new constitution
In a referendum held on December 15, 1976, 75% of the electorate voted in favor of the law, with only 3% against. This level of unanimity was remarkable.
The Suarez government deliberately avoided tackling the economic crisis, recognizing that political and economic problems could not be addressed simultaneously. Terrorism remained a major issue, peaking between December 1976 and January 1977. During this period, a general and the President of the State Council were kidnapped, and a group of lawyers were killed by the far-right.
Another crucial moment was the legalization of the Communist Party in April 1977. Initially, the Supreme Court was tasked with deciding on its legalization, but when it declined to rule, the government took the initiative. The army protested the decision in a disciplined manner, leading to the resignation of the Minister of the Navy.
The final stage of the political reform process was the general election of June 1977, which effectively served as a constituent assembly. During the campaign, the Socialist Workers’ Party (PSOE) displayed a dynamism that captured the youth vote. The government formed a political coalition called the Union of the Democratic Centre (UCD), which ran a lukewarm and inadequate campaign by normal standards. Fraga, in turn, created a group called Popular Alliance (AP), which eventually became the main adversary of the others.
Voter turnout was 78%: UCD secured 34% of the vote and 165 seats; PSOE obtained 29% and 118 seats; the Communist Party won 20 seats; and AP gained 16. The electoral map reflected the historical tradition of the 1930s, with similarities between the PSOE vote and the Popular Front, and the UCD vote and the Spanish Confederation of the Autonomous Right (CEDA).
With these results, the Spanish people opted for reform, but a reform so profound that it was equivalent to a rupture.
The Road to the Constitution
Following the elections, the roles of Congress and the Senate were vague and poorly defined. It was not until November 1977 that a law was passed establishing the government’s accountability to the chambers. Another peculiarity was the lack of a governing party. The new government was composed of leaders from the small parties within the coalition. Key figures for the President included Gutierrez Mellado, Fuentes Quintana, Abril Martorell, and others.
The union of factions within the government facilitated the formation of the UCD as a party in December 1977. Another notable aspect was the emergence of nationalist demands in the periphery. When 62 out of 63 Catalan parliamentarians called for a return to the Catalan Statute of Autonomy of 1932, it became necessary to address their demands. After tough negotiations, the Generalitat was established on September 30, 1977.
In October 1977, an amnesty was offered, including for terrorist crimes, but it had no effect on ETA. By June 1978, ten regions had a pre-autonomy system, accompanied by significant social tensions. The Moncloa Pacts, signed in October 1977, made it possible to focus on the task of drafting the constitution without the risk of political and social tensions.
Two other important factors were at play. The economic situation was dire at the end of 1977, with an inflation rate of 30% and unemployment exceeding 6%. Additionally, there were persistent problems with public order and ETA, which killed 11 police officers in the months following the elections.
In November 1978, the first anti-terrorist demonstrations supported by major political parties took place. That same month, Operation Galaxia uncovered a far-right conspiracy. The first draft of the Constitution was presented in November 1977. In October 1978, the Cortes voted on the text of the Constitution, which was then put to a referendum in December 1978.
The 1978 Constitution was a constitution of consensus. It consists of 169 articles arranged in 11 titles. The first title, concerning fundamental rights, only encountered problems on issues like the death penalty, abortion, and some educational matters. The absence of a state religion, a recurring issue in previous constitutions, was also addressed. The third and fourth titles refer to the legislative and executive powers.
The Constitution is based on a pronounced bicameral system. Congress is elected by proportional representation, and the Senate by a majoritarian system. The possibility of a referendum is limited by the fact that it is always consultative. The government can only be removed through a constructive vote of no confidence. Organic laws require an absolute majority in the chamber.
The text frequently uses the term “nationalities.” Despite its vagueness and breadth, it has the significant advantage of consensus.