Composition of the Spanish Government: A Comprehensive Guide

Posted on May 21, 2024 in Law & Jurisprudence

Lesson 13: The Government

II. Composition of Government

3. Members of the Government

The President of the Government and Other Members

According to Article 98.1 of the Spanish Constitution, the Government comprises the President, Vice Presidents, Ministers, and other members as required by law. This structure is further elaborated in the Organic Law of the Government (LGO).

The members of the Government are:

– Prime Minister

The Prime Minister directs the Government’s actions, coordinates the functions of its members, and holds the following responsibilities:

  1. Directorate of Government Action: Represents the Government, sets the agenda, determines internal and external policy guidelines, ensures compliance, and receives information from advisory bodies. The Prime Minister also directs defense policy, the armed forces, and the Military Administration.
  2. Coordination of Government Functions: Ensures unity of action among Government members, defines the division of powers, arbitrates and resolves conflicts of authority, and oversees their actions. The Prime Minister can convene, chair, and set the agenda for Council of Ministers meetings.
  3. Exclusive Powers: Defines the Government’s political program, proposes it to Congress, appoints and dismisses Government members, proposes the convening of consultative referendums with Congressional approval, raises the question of confidence before Congress, proposes the dissolution of the Chamber to the King after deliberation with the Council, endorses laws passed by the Cortes for the King’s assent, and files appeals for unconstitutionality.

– Deputy Prime Minister

The Spanish Constitution does not mandate a Deputy Prime Minister; their existence and number depend on the President’s decision.

  • A single Deputy Prime Minister typically holds broad political coordination powers.
  • Multiple Deputy Prime Ministers may coordinate specific government areas and hold ministerial departments.

The Deputy Prime Minister’s responsibilities include:

  1. Assuming the Prime Minister’s role in case of vacancy, absence, or illness.
  2. Exercising functions assigned by the Prime Minister.
The Second Vice-President is responsible for:
  1. Assuming the Prime Minister’s functions in the First Vice-President’s absence, vacancy, or illness.
  2. Presiding over the Government Commission for Economic Affairs.
  3. Exercising functions assigned by the Prime Minister.

– Ministers

Ministers are senior commanders of ministerial departments who perform government functions, provide organizational leadership within their ministries, and fulfill the following duties:

  • Develop and implement Government actions within their department, adhering to Council of Ministers decisions.
  • Exercise regulatory power in matters under their department’s purview.
  • Exercise any other powers conferred upon them by law.
  • Endorse the King’s actions within their competence.

Ministers without portfolio, as defined by the LGO, are not assigned the management of any government sector and do not hold a department. An example is the Spokesperson Minister. The Constitution does not specify the number of ministers.

– Other Members as Specified by Law

This provision allows the government to incorporate members below the ministerial rank, such as Secretaries of State, established in 1977. These high-ranking officials in the central government are directly responsible for implementing government actions within a specific sector of a department or under the Prime Minister. They manage a sector of activity and report to the Minister or Prime Minister on the implementation of set objectives. While not formally considered members of the government, Secretaries of State are highly qualified and act as crucial links between the Government and the Administration, justifying their attendance at some Council of Ministers meetings.

Status of Members of Government

The status of Government members is partly defined in the Constitution, with Article 98.4 stipulating that a law shall regulate their status and incompatibilities. This regulation is found in the LGO, outlining the following:

– Admission Requirements for the Position

  • Spanish nationality
  • Legal age
  • Enjoyment of voting and standing rights
  • Not being disqualified from public office by court order

– Appointment and Dismissal

The Prime Minister’s appointment follows the procedure outlined in the Constitution. The King appoints and dismisses other Government members at the Prime Minister’s proposal.

– Substitution

In case of vacancy, absence, or illness, the Prime Minister’s functions are assumed by the Vice Presidents according to a predetermined order of priority. If no Vice President is available, the Ministers assume the role based on the precedence of their departments. The substitution of Ministers is determined by Royal Decree from the Prime Minister and may be assigned to another Government member.

– Incompatibilities

  • Exercising other representative functions, except for the role of Deputy or Senator.
  • Exercising any function not derived from public office.
  • Exercising any professional or commercial activity, except for activities related to the administration of personal or family property within certain limits.

– Staff Procedure

The Constitution outlines procedural specialties for Government members in Article 102:

  • The President and other Government members enjoy special privileges regarding criminal responsibility, being tried before the Criminal Chamber of the Supreme Court (Room 2).
  • Charges of treason or offenses against state security committed in the exercise of their functions can only be brought forward at the initiative of a quarter of Congress members and require approval by a majority thereof.
  • The royal prerogative of pardon applies to all cases of criminal responsibility of Government members.

A Statute of Former Prime Ministers has been approved, granting the former President protocol honors, a special pension for themselves and their relatives, and provisions for damages. They are entitled to two staff members, a budget for office and housing expenses, a state-provided car and driver, security services, and free passage on state-owned land, maritime, and air transport companies. However, no institutional role justifies these expenses.