Franco’s Regime: Power, Laws, and State Structure
Concentration of Power Under Franco
General Mola, the main organizer of the 1936 rebellion, initially aimed to establish a temporary military dictatorship. However, Franco created a new state as a “regenerator of Spain,” rejecting liberalism, liberal democracy, communism, and any separatist tendencies. His regime was based on Catholicism and was supported by the military, the Church, the Civil Guard, the Spanish Falange, landowners, and large business owners.
Franco’s rule began on September 29, 1936, when the National Defense Board appointed him Generalissimo of the Army and Chief of State Government. He also served as Prime Minister and head of the single party. In 1942, he restored the Cortes (Spanish Parliament).
Francoism is a blend of fascism, military dictatorship, authoritarian nationalism (not a totalitarian dictatorship), and Bonapartism. It produced a body of doctrine based on the minimum budgets of Falangist unparliamentary conservatism and traditional Catholicism. The term “totalitarian state” was used carefully in the discourses of the time. This was the case until 1943, when, during Germany’s peak, Franco adopted a style similar to other totalitarian states. However, since 1945, he abandoned fascist ideals and focused on “Catholic” principles.
Until 1936, the year of the mutiny, none of the ringleaders of the coup planned to form a new state. In 1937, when it became clear that the uprising had not triumphed, they established the FET de las JONS, which brought together disparate elements to support the regime. The strongest support was sought in the Falange from then on.
In 1947, the Law of Succession (which stated that Spain was a kingdom) marked a shift to sole power, blessed by the Church, which legitimized the rebels.
The Fundamental Laws
The Constitution of 1931 (which succeeded Canovas’s, invalidated during the dictatorship of Primo de Rivera), the statutes of autonomy, and any manifestation of nationalism (language, games, etc.) were deleted.
During Franco’s government, there was no constitution. Instead, a series of fundamental laws were taught:
- The Labor Law (1938)
- The Charter of the Spanish (1945)
- The Courts Act (1942)
- The National Referendum Act (1945)
- The Law of Succession (1947), which provided for a monarchy after the Franco regime. In 1967, through an organic law, Juan Carlos was appointed.
- The Law on the Principles of the National Movement (1948)
Structure of the New State
Governments
According to the statutes of the FET (1939), Franco was responsible before God and history. He held all the power of the nation. As Head of State, he was the leader of the single party.
The National Movement was the name given to the political structure and doctrine that underpinned the Francoist state. Serrano Súñer was a key figure behind the Movement. In September 1942, he was sacked as Foreign Minister, as was General Varela (a collaborator of Franco during the Civil War). The National Movement, which devoured the FET, remained until Franco’s death.
Governments, therefore, were a mix of families whose primary and sole responsibility was to Franco.
Vertical Unions
The unions were organized by industrial sectors and included both employers and workers. They established the Italian corporate model, in which the state exercised absolute control. Union membership was mandatory, and the fee was directly deducted from each worker’s salary in Spain.
Civil Governors
The transmission of power was carried out through Civil Governors, who were leaders of the Movement in their provinces and were attached to Military Governors. The old structure of the Captaincy General (one for every 3, 4, 5, … provinces) was borrowed to house the Military Governors.
The Cortes
The Cortes were established by the Courts Act (July 17, 1942). It eliminated the previous system of free choice and replaced it with a corporate system that considered the family, the municipality, and the union. The representatives were:
- Representatives of families
- Members of the Movement: municipal leaders (mayors) and union leaders
- Ex officio members: bishops, presidents of royal academies, etc.
The Movement was present through mayors and union leaders, who were to ensure the ideological line of the regime. The selection of individuals to be incorporated into the Cortes, including representatives of families, was undemocratic: it had to do with the interests of Franco and the Francoist leaders. In any case, the functions of the Cortes were only consultative. The ability to legislate rested solely in the hands of the Head of State. The Cortes, therefore, were not repositories of national sovereignty, nor was there any separation of powers.