Public Administration in Spain: Structure and Principles
Public Administration in Spain
I. Concept of Public Administration
The Administration, alongside the Government and the Executive, forms a crucial part of the Spanish constitutional framework, as implicitly recognized in Title IV (Government and Administration). Articles 103 to 107 of the Spanish Constitution (CE) establish the legal basis for the government’s organization and administrative actions.
According to Article 97 CE, the Government directs both the civil and military administration, occupying the highest position in the executive power’s hierarchical structure. The Administration encompasses all levels below, from ministers downwards. The Government directs and guides the Administration, focusing on major policy activities, while the Administration handles subordinate administrative tasks. The Minister acts as the link between these two entities.
Key characteristics of the Public Administration include:
- Subordination to government policy.
- Bureaucratic civil service composition, based on merit and ability, subject to public law.
- Continuity and permanence, independent of political changes.
- Neutrality and objectivity in serving the government’s political agenda.
- Full adherence to the law (principle of administrative legality).
- Complex and developed structure to fulfill its duties, integrating personnel and resources according to government policy.
II. Structure of Public Administration
While often referred to as a single entity, the Public Administration comprises a plurality of administrations due to the state’s complex structure and the specific requirements of certain state functions. Article 149.1.18 CE, by assigning exclusive competence to the state for the legal basis of the administration, acknowledges the existence of distinct administrations.
Basic Classification:
- Territorial Administration:
- State Administration (headed by the Government)
- Regional Administrations
- Local Government
- Peripheral Administrations
- Non-Territorial Administration:
- Corporate Administration (Public Corporations)
- Institutional Administration (Public Bodies – Autonomous, Business Public Entities, Independent directors)
- Other Administrations:
- Administration of Justice
- Electoral Administration
- Administration of Constitutional Bodies
- Ombudsman
- Court of Auditors
II.1. Territorial Administrations
The decentralized nature of the Spanish Constitution allows for two levels of government:
- General State Administration: Exercises state powers and is subject to the Government.
- Autonomous Administrations: Each Autonomous Community has its own administrative organization.
The Constitution also recognizes the autonomy of local entities (Municipality, Province, Island Councils) for managing local interests. The state’s territorial organization also provides the framework for the peripheral administration, led by Government delegates in the Autonomous Communities and sub-delegates in the Provinces. This peripheral administration, while autonomous, is part of the General State Administration.
II.2. Non-Territorial Administrations
These are legally independent administrative bodies that manage specific general interests. They are linked to territorial governments and can be classified into two groups:
- Institutional Administration: Created to fulfill specific public purposes (e.g., INSS, Insalud).
- Corporate Administration: Based on personal membership and manages private interests of members while fulfilling public roles (e.g., professional associations, ONCE).
II.3. Military Administration and Security Forces
The Armed Forces and State Security Forces operate under special administrative-legal regimes due to their role involving the legitimate use of force. The Armed Forces ensure national sovereignty and defense, while the State Security Forces protect rights and freedoms, guaranteeing public safety.
II.4. Other Administrations
These are bureaucratic organizations supporting public authorities other than territorial administrations. They operate independently of state, autonomous, or local administrations. Examples include the administrations of constitutional bodies (Parliament, Constitutional Court), the Administration of Justice, and the Electoral Administration. These institutions have their own administrative units governed by administrative law.
III. Constitutional Principles of the Administration
Article 103.1 CE establishes the basic principles governing public administration:
- Serving the general interest with objectivity.
- Acting according to principles of efficiency, hierarchy, decentralization, deconcentration, and coordination.
- Full subjection to the law.
III.1. Principle of Administrative Legality
This principle mandates full adherence to the legal system and judicial control. It implies that administrative regulations are subordinate to laws, and administrative acts are subject to judicial review to ensure conformity with the law.
III.2. Principle of Administrative Deconcentration
This principle involves the transfer of powers from a superior body to a lower body within the same administration. It aims to improve efficiency and bring administrative action closer to the citizens.
III.3. Principle of Administrative Decentralization
This principle justifies the existence of different public administrations. It involves the transfer of competences to another administration or entity with legal personality. Decentralization can be territorial (e.g., to Autonomous Communities) or functional (e.g., to public entities like the Bank of Spain).
III.4. Principle of Organizational Hierarchy
This principle refers to the hierarchical structure within administrative bodies. It establishes lines of authority, direction, and supervision to ensure unity of action.
III.5. Principle of Administrative Cooperation
This principle promotes collaboration between different administrations to achieve common goals. It involves mechanisms for joint decision-making, shared exercise of competences, and joint responsibility.
III.6. Principle of Effectiveness
This principle requires the Public Administration to act efficiently in managing the interests assigned to it, ensuring effective service to the general interest.
IV. Control of the Administration
The Administration is subject to political control by Parliament and legal control by judicial bodies and other institutions.
IV.1. Judicial Review
Judicial review is carried out by administrative courts, which ensure the conformity of administrative actions with the law. The Constitutional Court also exercises control over specific government actions, particularly those related to fundamental rights and the division of powers.
IV.2. Non-Judicial Controls
These controls complement judicial review and include institutions like the Ombudsman, the Data Protection Agency, and the Court of Auditors. The Court of Auditors is the supreme body responsible for auditing the accounts and economic management of the State and the public sector.