Francoist Spain: Legal Framework and Repressive Apparatus
Francoist Spain: Legal and Institutional Framework
The Francoist regime established a unique legal and institutional framework, often referred to as its “constitution.” Public servants were obliged to swear allegiance to its principles, and ex officio members of the National Movement automatically became civil and military officials.
Key Fundamental Laws
The Organic Law of the State (1967)
This was the most important political source of the Franco regime, consolidating earlier fundamental laws. It firmly established the dominance of the executive over the legislature and attributed broad powers to the Head of State. Key provisions included:
- The separation of the posts of Head of State and Head of Government, previously united in Franco’s person. Admiral Carrero Blanco held the Head of Government position from 1973.
- Defining the role of the National Council of the Movement as a sort of Senate without legislative functions, ensuring laws passed in the Cortes aligned with the Fundamental Laws.
- Providing for the direct election of attorneys for family courts.
Structure of the Francoist Regime
This set of laws reflected the organization of the Franco regime, composed of the following bodies and institutions:
Head of State
Francisco Franco concentrated all power in his person. He appointed major political and military officials, held legislative power, served as Head of Government until 1973, and was the Generalissimo of the armies and the National Movement.
Executive Branch
Power resided with the government. The Head of Government exercised authority until 1973, when Franco appointed Carrero Blanco. The government comprised ministers chosen by Franco from various political “families.” In turn, ministers or Franco himself selected the Civil Governors, who represented the government at the provincial level.
Legislative Bodies
Represented by several advisory and deliberative institutions, their primary role was to advise Franco, who retained full legislative power. These bodies included:
- The National Council of the Movement, composed of various nationalist leaders chosen by Franco.
- The Council of the Kingdom.
- The Cortes.
Judiciary
The judiciary was organized with the Supreme Court at the top, and Provincial and Territorial Hearings at the local level. Given Franco’s concentration of all power, the traditional division of powers was effectively non-existent.
Repressive Legislation
The Francoist regime also relied heavily on a series of repressive laws to maintain control:
Early Repressive Laws
Even before the Civil War ended, the regime promulgated significant legislation:
- The Law of Political Responsibilities (retroactive to 1934).
- The Purification Act (1939).
- The Servants Act (1939).
The regime justified these actions by claiming to combat “red subversion,” leading to widespread imprisonment and executions of Republicans in areas like Badajoz, Málaga, Teruel, and the Basque Country. By 1939, there were over 30,000 executions and 270,000 political prisoners, many of whom were members of the administration and teachers.
Post-War Repressive Measures
Upon the conclusion of the war, further laws were enacted:
- The Enforcement Act of Masonry and Communism.
- The Security Act of the State.
Additionally, legislation tightened the Civil Code and the Code of Military Justice, which, in some cases, could be applied to civilians.
Public Order Act of 1959
In 1959, a new Public Order Act was approved. Although it maintained military jurisdiction for crimes against internal state security, it led to the creation of the Public Order Court (1963). This court, with general jurisdiction, became a primary instrument of repression during the later years of the Franco regime.