From Dictatorship to Democracy: Spain’s Transformation
Transition (1975-1982)
After the death of Franco in 1975, the government of Adolfo Suárez and the democratic opposition agreed on a process of political transition. This marked the end of the Franco dictatorship and the establishment of a democratic regime embodied in the 1978 Constitution. Two men played an important role in this process: King Juan Carlos I, who promoted the reform, and Adolfo Suárez, the architect of the transition. This period starts and ends in December 1975 with the first democratic elections, in which Adolfo Suárez’s UCD party won.
1. The First Government of the Monarchy
In late 1975, the Court proclaimed Juan Carlos I de Borbón king. Torcuato Fernández Miranda was named president of the Cortes. The king initially confirmed Franco’s Prime Minister, Arias Navarro. His cabinet included politicians from the Franco era alongside reformers like Fraga and Suárez. This government couldn’t implement democratic reforms due to Arias Navarro’s opposition to full democracy, a stance that contrasted with the king’s. The opposition formed the Platajunta, merging the Democratic Junta of Spain and the Democratic Convergence Platform, expanding over time with new parties and organizations. Its objectives were amnesty, freedom of political association, and the call for Constituent Cortes elections. Early limited reforms were mobilized, including demonstrations for amnesty for political prisoners and increasingly significant labor strikes. Despite this, the king’s popularity and prestige grew. Arias Navarro resigned in July 1976 due to the Montejurra events (a clash between Carlist factions), terrorist attacks, and mounting pressure.
2. The Government of Adolfo Suárez
The king appointed Adolfo Suárez as Prime Minister. Initially seen as a mistake due to his past as minister of the Movement, Suárez managed to push forward reform, respecting existing laws with the backing of Torcuato Fernández Miranda and the King. Legislative actions included:
- July 1976: Suárez announced general elections within a year and the Council of Ministers approved a Legislative Decree of Amnesty.
- Suárez led the Council of Ministers in drafting a law for political reform, including the call for elections by universal, direct, free, and secret suffrage. The project was approved by the Franco-era courts, and on December 15, the bill was put to a referendum, with favorable results.
- A decree-law restored the unity of jurisdiction and abolished the Court of Public Order.
Several problems arose before the general elections:
- An economic crisis.
- Increased terrorism (by ETA and GRAPO).
- Fear of a military coup following the death of two students, the Atocha lawyers’ massacre, and the kidnapping of Emilio Villaescusa (Chief Justice of Military Justice) and Oriol.
The PCE’s behavior during the Atocha lawyers’ funeral highlighted the need for their support. In February, the process of legalizing political parties began. Santiago Carrillo acknowledged the monarchy and offered to negotiate future incorporation. In April 1977, Suárez announced the legalization of the Communist Party. The first democratic general election resulted in a victory for the UCD, followed by the PSOE, PCE, and AP, indicating the Spanish people’s preference for moderation, rejecting both the extreme right and left. To address the economic crisis and adopt a Constitution, the “politics of consensus” was implemented, involving agreements between major parties ratified by Parliament. The most important aspect was the Moncloa Pacts:
- Plan for reorganization and reform of the national economy.
- Priority attention to unemployment and wage restraint.
- Further opening of the economy and integration into the European Economic Community.
The next step was developing consensus and parliamentary approval of a constitution.
3. The 1978 Constitution
On December 6, 1978, Spain voted for a constitution by free universal suffrage, ending 36 years of dictatorship and establishing a democratic state. Its development was the most significant event of the transition. Its main features are:
- The political form of the Spanish State is a parliamentary monarchy.
- The figure of the King and their functions: “It is the symbol of the unity of Spain.” His role is to arbitrate and moderate the operation of institutions, represent Spain domestically and abroad, and serve as Head of State and the Armed Forces. He sanctions and promulgates the laws. Male preference is given in the line of succession.
- National sovereignty resides in the Spanish people.
- Separation of powers is established as follows:
- Legislative power is vested in the bicameral Parliament. Both chambers have legislative powers, monitor government action, and adopt budgets. Any adult citizen with full political and social rights can be a candidate. The Congress members are elected every four years and has 300-400 members. The Senate is the chamber of territorial representation, with four senators elected per province every four years.
- Executive power resides in the government, whose president is elected by the Congress. The Government directs domestic and foreign policy, civil and military administration, and state defense. It comprises the president, vice president, and council of ministers.
- Judicial power resides in judges and magistrates subject only to the rule of law. They administer justice on behalf of the king. The Supreme Court and the Constitutional Court are the highest judicial bodies.
- Rights and constitutional duties include the right to a fair distribution of wealth, decent work, adequate training, and a pension; the right to participate freely in political life; freedom and equality of citizens; the obligation to enforce laws, pay taxes, and be tolerant; freedom of movement and residence; inviolability of residence and correspondence; freedom of thought and expression; property rights; the right to start a business; and the free movement of goods. No person of Spanish origin can be deprived of their nationality.
- The State is declared non-denominational.
- Establishment of the State of Autonomous Communities. Two processes were used to achieve autonomy:
- The faster procedure under Article 151 was for historical nationalities and those meeting other difficult conditions, ratified by a referendum. This was the case for Andalusia, which gained autonomy on February 28, 1980.
- The remaining autonomous regions were governed by Article 143, except for Navarre. The first Statute of Autonomy was enacted for Catalonia in 1979, followed by the Basque Country, Galicia, Andalusia, and the rest (17 autonomous communities in total). Finally, in 1995, autonomous regimes were regulated for Ceuta and Melilla, ending the centralist state.
The 1978 Constitution, still in force, is the most enduring constitution in Spain’s history. Once approved, the Constitution led to the dissolution of the Constituent Cortes by Suárez and the call for general elections in March 1979, beginning a new period known as democratic governments.