Franco’s Spain: Structure, Laws, and Control
Constitution of the Cortes
Following World War II, Spain began to favor Western democracies. This law established rules for people’s participation in governance through the creation of the Cortes. The Cortes was a single chamber, called the Prosecutors, composed of representatives from trade unions, families, and municipalities. The number of attorneys was 500, divided into two groups:
- Most were ex officio members, holding positions within the scheme. This included ministers, directors of the National Movement, presidents of senior civilian and military courts, mayors of provincial capitals, university rectors, bishops, archbishops, and 50 attorneys directly elected by Franco from social, military, or religious figures.
- A minority were elected members, representing families and municipalities.
These courts had no legislative power, which remained with Franco. They were limited to passing laws presented by the executive. The new state’s structure was complemented by other laws:
- Political parties were eliminated.
- The Statute of Autonomy and any language other than Castilian were abolished.
- Civil governors also became provincial leaders of the Movement. A military governor was established in each province, reporting directly to the Generalissimo.
- A new shield, symbols, coins, and political memorials with the fascist salute were created.
The Jurisdiction of the Spanish
After World War II, the Franco regime adapted to new circumstances by passing the civil jurisdiction of the Spanish. This charter was a seeming declaration of rights for citizens, recognizing freedoms of assembly, association, expression, and civil and criminal guarantees. However, these rights were limited and could not contradict the regime’s principles. The government reserved the right to suspend these rights when deemed necessary. The Jurisdiction also included a list of duties for the Spanish, reaffirming the Catholic and authoritarian regime.
National Referendum Law
This law completed the Jurisdiction of the Spanish and aimed to show that Spain recognized universal suffrage and citizen involvement in legislative development. It allowed direct consultation of citizens over 21 on important laws or issues, always determined by Franco. The government maintained strict control over voting. In March 1946, rules for citizen participation in municipal elections were established, where citizens chose one-third of the councilors, while the mayor and other members were government-appointed. These elections were controlled and untrue.
Law of Succession to the Head of State
Enacted when Franco’s authority was recognized, this law addressed the continuity of Franco’s rule. It defined Spain as a united state. Franco was recognized as head of state for life and reserved the right to appoint his successor, who had to be over 30. This law also created:
- The Council of the Realm, whose members were elected to advise the Head of State.
- The Council of Regency, which would assume the functions of the Head of State if the position was vacant. It would consist of the President of the Courts, the senior prelate of the Council of the Realm, and the oldest Lieutenant General.
Law of Principles of the Movement
This law institutionalized the Falange doctrine and recognized a single, permanent political party.