Administrative Organization of Spain: Central Government and CAs
Central Administration Functions
The Central Administration puts into practice the policy of the government and manages administrative content. The Prime Minister is the significant figure of the system, which also features:
- The Cabinet of the Prime Minister
- The Secretary of the Prime Minister
- Government Delegate Committees
- Relations with the courts
- The Government Spokesman Secretariat
The various ministries are headed by a minister named by the King upon the proposal of the Prime Minister. Ministerial functions include:
- Setting the objectives of the Ministry.
- Issuing regulations.
- Approving objectives of the Ministry and expenditure of public bodies that depend on it.
- Organizing the Ministry internally.
- Evaluating the Ministry’s action plans.
- Appointing and removing administrative resources within the Ministry.
- Resolving appeals brought against decisions of the organs of the Ministry.
- Interacting with the Peripheral Dimension of the Administration.
Peripheral Administration and Government Delegates
Government Delegates in the Autonomous Communities (CAs) represent the government in autonomous areas. They are responsible for:
- Directing and supervising the services of the General State Administration in the autonomous region.
- Coordinating ministry plans and activities.
- Protecting the rights and liberties of citizens.
- Organizing security coordination with the Ministry of the Interior.
Government Sub-Delegates
The Government Sub-delegates are under the Government Delegate. Their functions, as the deputy representative in each province, are to direct services according to the orders received from the Government Delegate, besides directing the State Security Forces and Corps and civil protection in the province.
Functional Dimension of Administration
The Functional Dimension includes all autonomous bodies, corporate public entities, managing bodies of the Social Security (SS), and organizations with specific regimes:
Autonomous Bodies: They are responsible for the implementation of development activities, benefits, services, or the management of public services. Example: Ministry of the Interior → DGT (Directorate-General for Traffic).
Public Business Entities: They implement activities, benefits, and services, manage services, or produce public goods subject to compensation. Example: Ministry of Promotion → RENFE (Spanish National Railway Network).
Managing Bodies of the SS: They are entrusted with the management of many features of the Social Security system. Example: Ministry of Labor and Immigration → ISM (Social Marine Institute).
Public Organizations with Specific Arrangements: Their activities are similar to others, but due to their functions, they have specific rules. Example: Ministry of Economy and Finance → AEAT (State Tax Administration Agency).
Organs of Control over the Administration
The Council of State: Emits opinions on issues proposed by the Prime Minister, any of its ministers, or the chairmen of the Autonomous Communities.
The Economic and Social Council: It is a government advisory body that provides opinions on matters the government consults on its own initiative and prepares studies and reports within its competence.
The Court of Auditors: Examines the state’s general accounts.
Autonomous Communities (CAs)
- The autonomy of the CA is political because they enjoy legislative power, while municipalities and provinces have administrative autonomy.
- The CAs have legal personality, similar to the State.
- The CAs may enact laws applicable within their autonomous territory.
- CAs are involved in general organs and tasks of the State.
Statutes of Autonomy and CA Institutions
The Statutes of Autonomy are organic laws governing the institutions and powers of the CA. They are the basic rule—the Constitution of the CA—which the autonomous parliament must respect when enacting laws.
Content of the Statute of Autonomy
- The name of the CA that best matches its historical identity.
- The denomination of the territory.
- The delimitation of its headquarters, organization, and own autonomous institutions.
- The powers assumed within the framework established by the Constitution.
Institutions of the CA
The Legislature (Autonomous Parliament):
- Legislating in all matters within its competence.
- Budgetary function.
- Control function over the Autonomous Government.
- Election of autonomous senators.
- Filing appeals of unconstitutionality before the Constitutional Tribunal.
The Council of Government: Its members are called directors and are appointed by the President of the CA. They have executive and regulatory functions, with the exception of the power to issue decree-laws.
The High Court of Justice: Takes the name of the CA, and its jurisdiction extends to the territorial scope of the community.
