Territorial Organization of the Spanish State and Statutes of Autonomy

Posted on May 15, 2024 in Law & Jurisprudence

The Territorial Organization of the State. The Statutes of Autonomy: Its Meaning.

Article 137 of the Spanish Constitution (EC) addresses the territorial organization of the State. It establishes that the State is organized into municipalities, provinces, and autonomous communities, all of which are formed freely to manage their interests. The State is set as a unit, but with a decentralized distribution of powers between the central government and local entities.

This organization is based on the following principles:

  • Principle of autonomy
  • Solidarity between regions
  • No economic or social privileges, despite existing differences between autonomous communities
  • Equality of all Spaniards anywhere in the territory

The limits of autonomy are defending the national interest and the exclusive powers of the State.

Local Government

Within public administration, local government is composed of smaller political entities: counties, islands, and provinces. Its characteristics are defined in the Law on Local Government 7/85:

  • The principle of autonomy
  • Representative and democratic character
  • Financial sufficiency

Municipalities

The municipality is the basic territorial jurisdiction of the State. The EC ensures their autonomy and full legal personality. Their government and administration are the responsibility of the council, which is the supreme body of the municipality. This consists of councilors and the mayor, elected by residents.

Islands

Islands are groupings comprising the municipalities of one or more islands.

Provinces

Provinces are groupings of counties and a territorial division to carry out state activities. They are structured around the county council, which governs and administers the province. The powers of the province are:

  • Coordination of municipal services
  • Assisting municipalities with less economic capacity
  • Providing public services

Supranational entities such as local associations, counties, metropolitan areas, municipal entities, and consortia exist below the provincial level.

Autonomous Communities

Within the public administration, there are also autonomous communities, which are the main novelty in the 1978 Constitution. They try to solve the problem of the acceptance of pluralism in Spanish settlements. They are local authorities with powers of self-government and legislative autonomy. Each community has its capital and political structure based on a unicameral legislature elected by universal suffrage.

The powers of the autonomous communities are defined in their statutes and fall under sections 148 and 149 of the EC. These sections define the transfer of state powers such as:

  • Alteration of municipal territorial organization
  • Planning and housing
  • Public works of interest to the community
  • Airports
  • Economic development
  • Tourism, sport, and recreation
  • Social welfare
  • Health, safety, and hygiene

All these powers must be coordinated with local authorities.

Currently, 17 autonomous communities exist. Access to autonomy is granted by sections 143 or 151 of the EC, and statutes can be ordinary or special. In particular, communities that access autonomy through Article 151 enjoy, from the outset, powers not reserved for the State.

Statutes of Autonomy

The statutes of autonomy are the basic institutional rules of each autonomous community, and the State recognizes and protects them as part of its legal system. Furthermore, according to Article 81 of the EC, they are organic laws. For approval and processing, they should include, as a minimum:

  • The name of the community
  • The boundaries of its territory
  • The assumed powers
  • The functioning of its organs

Statutes of Communities Accessing Autonomy through Article 143

The statutes of the communities that access autonomy through Article 143 will be produced by an assembly of members of the councils, senators, and deputies of the affected province.

Statutes of Communities Accessing Autonomy through Article 151

The statutes of communities accessing autonomy through Article 151 are made by an assembly of deputies and senators from the affected provinces. These statutes are submitted to the courts for processing as law.

Fundamental Institutions of Autonomous Communities

The fundamental institutions of the autonomous communities are:

  • Legislative Assembly
  • Governing Council
  • Court President

Statute of Autonomy of Valencia

The Statute of Autonomy of Valencia was approved by Organic Law 5/1982 on July 1st, 1982, and renovated in 2006. Valencia was the first community to introduce a reform of its statute. Its structure is as follows:

  • Preamble: outlines the inspiring principles and demonstration
  • Title 1: General Principles
  • Title 2 (with 8 chapters): Generalitat, cuts, President of the Generalitat, tips, administration of justice, Ombudsman, culture, legal system
  • Title 3: Skills
  • Title 4: Local Administration
  • Title 5: Economics and Finance
  • Title 6: Statute Reform

With the approval of the Spanish Constitution in 1978, the Statute of Autonomy of Valencia is set in the continuation of legal and political personality, distinct from what King James I wanted to give the Kingdom of Valencia with the enactment of the Llibre dels Furs in 1261. In the constitutional context, the Charter is the expression of the historical identity and the right of self-government that the Constitution confers on nationality and region. The Statute recognizes Valencia not only with a maximum area of competence but also with a full institutional structure to set up a parliamentary system with three basic institutions: Les Corts Valencianes, the President of the Generalitat, and the Consell. It is updating the unique and authentic personality of the Valencian people with their own historical and cultural characteristics.

In the city of Castellón de la Plana, on March 30th, 1976, the Presidents of the Provincial Councils of Alicante, Castellón, and Valencia agreed, based on full community identification, to request the Government of the Nation to “enact measures to ensure that, respecting the characteristics of each province, to be achieved, within the constitutional framework of the state, an autonomy that recognizes the personality of the kingdom and allow its development in all aspects, as well as referral to the Councils of the three provinces.”

Following the general elections on June 9th, 1979, the Consell (Valencian Government) unanimously agreed, following the desire expressed by Valencian society, to initiate the process of autonomy by way of Article 151 of the Constitution, urging the municipalities to be constituted after the municipal elections of that year, to support the agreement. This fact had disparate content because not all municipal agreements contemplated the specific mention of the path of Article 151. On October 25th of the same year, the agreement of 95 percent of the municipalities of Valencia, more than 75 percent of municipalities that make up the majority of the electorate, was referred to the House of Representatives and the Ministry of Territorial Administration, giving compliance with the requirements of Article 151 of the Spanish Constitution.

J.P. Sregent would say: “Success is not achieved only with special qualities. It is above all a work record, method, and organization, hence the importance of the statutes.” The best government is one that teaches us to govern ourselves. – Johann Wolfgang von Goethe

n Wolfgang von Goethe





2.La territorial organization of the state. The statutes of autonomy: its meaning.

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