Government Structure and Functions in Spain

Posted on Aug 5, 2024 in Law & Jurisprudence

The Council of Ministers

The Council of Ministers is the body that directs domestic and foreign policy, the civil administration, and military defense of the state. It exercises executive and statutory authority in accordance with the constitution and laws. The meeting of the entire government, under the direction of the president, is called the Council of Ministers.

The Prime Minister

The Prime Minister has the following powers:

  • Convene and chair the cabinet.
  • Propose to the king the appointment and removal of the other members of the government.
  • Direct government action and coordinate the activities of other members.
  • Direct the defense policy.
  • Endorse the actions of the king.
  • Ask the Congress for a vote of confidence.
  • Propose to the king’s dissolution of Parliament or one of its chambers.
  • Create, modify, and delete departments and the secretaries of state.
  • Lodge, where the constitutional challenge.

Delegates from the Government

The main function of the delegates of government is to protect the free exercise of the rights and freedoms as well as ensuring public safety through the sub-delegation of government and the head of the bodies and state security forces, under the functional dependence of the Interior Ministry.

Autonomous Bodies

Autonomous bodies rely on a ministry and are tasked primarily with administrative activities. They have legal personality and are governed by administrative law.

Public Business Entities

These are subsidiaries of a ministry or an autonomous body, which is assigned to conduct activities for the provision and management of services or the production of public goods subject to consideration. They are subject to private law. The staff is subject to labor law, and they are funded primarily with revenue from its operations.

The State Council

The State Council issues opinions. The opinions of the Council of State are not binding, unless the law says otherwise. The State Council will be consulted in matters relating to projects of executive orders, drafts of international treaties, transfers to the regions, and state matters of special importance.

The Social Economic Council

The Social Economic Council is a governmental advisory body on socioeconomic and employment that is under the Ministry of Labour and Social Affairs. The main tasks are:

  • Issue opinions on draft laws and draft decrees that govern economic and employment matters.
  • Prepare studies and reports on socio-economic matters.

The Intervention of the State General

Internal control is carried out prior to the execution of expenditure by a public administration body in order to determine whether economic and financial acts of the administration have been conducted in accordance with the rules and principles established for contracts and accounting under state law.

The Court of Audit

The Court of Audit is an organ that depends on the courts to examine and check the state’s general accounts. Composed of 12 directors, appointed by the courts, its functions include:

  • External audit and ongoing economic activity economic sector financing.
  • Enjuciamento of responsibility and accountability.

Functions of the Legislative Assembly

Called unicameral parliament, general council, board, or cotes, its main functions are:

  1. Exercise legislative power.
  2. Control the action of the governing council.
  3. Constitutional motions.
  4. Appoint the senators-elect autonomic and defense.
  5. Elect the people among its members the president of the community.

Kinds of Skills

a) Exclusive

These are the legislative and executive powers on matters that relate entirely to the state or the autonomous region.

State, appear to be related where intent is not expected by the autonomous communities such as justice, defense, general or land borders.

Autonomous communities where it is expected under state intervention and if they are taken in their statutes by state government.

b) Shared

They arise as between the state and the autonomous communities shared the same subject and assigned different responsibilities, assuming different functions for which no interference is allowed. This is for the development or implementation by the regions of the basic law and the exclusive legislation of the state as civil, criminal, and labor.

c) Concurrence

They arise when the state and communities share the same subject, putting all kinds of skills both complementary basis.

Financing of State Government

  1. Taxes granted by the state their own taxes.
  2. Their own taxes, fees, special contribution.
  3. Transfers of territorial compensation fund and other allocations from the general budget of the state.
  4. Yields their own assets and income of private law.
  5. The proceeds of the credit operations.