The Government and its Functions: A Comprehensive Guide

Posted on Aug 16, 2024 in Law & Jurisprudence

The Government

Functions of Government

The Government is the institution responsible for directing domestic and foreign policy and, as such, directs the Administration. It performs two main functions: political leadership and executive function. Its functions include:

Directing the Civil and Military Administration.
Managing the General State Budget.
Exercising regulatory power.

Under this authority, the Government and the Council of Ministers may approve decrees (to be issued by the King as Royal Decrees), issue Government Executive Committee orders, and Ministers may issue Ministerial Orders. The Government may also issue rules with the force of law, decree-laws, and legislative decrees.

The Prime Minister

The Prime Minister directs the Government’s actions and coordinates the functions of other members. The capital city is part of this system.

a) Appointment of the Prime Minister

The Prime Minister is appointed by the King after receiving a vote of investiture from the Congress of Deputies. This process differs from the appointment of other government members, whom the King appoints based on the Prime Minister’s proposal. The Prime Minister will be appointed in the following cases:

After general elections.
Upon the voluntary resignation of the Prime Minister.
Upon the death of the Prime Minister.
In cases of loss of confidence, such as the approval of a motion of censure or disapproval of a trust issue.

The appointment process is as follows:

The King consults with parliamentary political groups to nominate a candidate.
The King holds consultations with the proposed candidate.
The candidate presents their program to the Congress of Deputies.
The Congress of Deputies holds a vote of investiture.

If the candidate does not reach an absolute majority, successive proposals may occur. If no candidate secures a majority within two months, the King may dissolve the Chamber and announce new elections. A candidate may also be proposed through a motion of censure. Once the candidate nominated by the King or through a motion of censure receives the confidence of Congress, they are appointed by the King in an act signed by the President of Congress.

Composition of Government

The Government consists of the President, the Vice-President (if deemed appropriate), the Ministers, and other members established by law. Ministers head branches of the Public Administration, although there may be ministers without portfolio. Other members include Secretaries of State, who are responsible for specific areas within ministries.

A) The Council of Ministers

The Council of Ministers is the highest organ of government. It adopts decisions not reserved for the President, particularly approving decrees enacted by the King. It comprises the President, Vice-Presidents, and Ministers, although other officials, such as Secretaries of State, may also attend. The Government can also act through Government Commissions to coordinate between various ministries. In 1986, an Executive Committee of the Government was established to handle crisis situations and act on matters affecting national security, both domestically and internationally.

B) Principles of Action of the Government

Key principles include:

The primacy of the Prime Minister within the government.
The collegial nature of the government, with decisions made jointly.
The collective political responsibility of the members of the Government.
The individual responsibility of each member of the Government for their management.

c) Appointment and Dismissal of Members of the Government

Members of the Government are appointed by the King on the proposal of the Prime Minister. They cease to hold office in the same three cases that lead to the dissolution of the entire government:

After general elections.
In cases of loss of confidence in Parliament.
Upon the death or resignation of the Prime Minister.

In all cases, the outgoing Government remains in office until the new government takes office.

D) Status of Members of the Government

Members of the Government do not enjoy immunity, but they do benefit from a special legal status known as aforamiento, which means that they can only be tried by the Supreme Court for any offenses committed while in office.

e) Organization of Ministries

Each ministry is headed by a Minister, who is assisted by an Undersecretary. The Technical General Secretary reports to the Undersecretary. The administrative resources of the ministries are organized into Directorates-General, which are sometimes coordinated by a Secretary General. The Secretary of State is responsible for political activity within the ministry and oversees several Directorates-General. All these positions are freely appointed by Royal Decree of the Council of Ministers.

The Relationship of Confidence between Parliament and the Government

Once the Prime Minister obtains the confidence of Congress, two procedures exist to verify if this confidence is maintained:

a) The Motion of Censure

A motion of censure is a proposed resolution of the House to censure the Government. If approved, it signifies that the Government no longer has the confidence of Parliament. The Spanish Constitution establishes a constructive vote of no confidence, meaning that the motion must also include a proposal for a new Prime Minister and receive the support of a majority of Congress. The process for a motion of censure is as follows:

Initiative: At least one-tenth of the Congress of Deputies can formulate a motion of censure. It must include a proposal for a new Prime Minister (who does not need to be a Deputy) and have the explicit consent of the candidate.
Period of Reflection: Once admitted by the General Committee, voting on the motion may occur within five days of its submission.
Discussion of Motion: The debate begins with a defense of the motion by one of its signatories, followed by a general debate.
Vote: The motion requires the affirmative vote of a majority of Congress to be adopted.
Effects: If the motion is not approved, the Government remains in office. If approved, the Government must submit its resignation to the King, the candidate proposed in the motion is understood to have the confidence of the House, and the King appoints them as the new Prime Minister.

b) Vote of Confidence

The Government may request a vote of confidence when it wishes to ascertain or demonstrate that it retains the confidence of Parliament. The process for a vote of confidence is as follows:

Initiative: The Prime Minister, after deliberation by the Council of Ministers, proposes a vote of confidence. The vote must focus on a specific object, government program, or policy statement and is submitted to the Bureau of Congress.
Period of Reflection: There must be a minimum of 24 hours between the submission of the vote of confidence and the vote in Congress.
Debate: The debate on the vote of confidence takes place between the Prime Minister and the parliamentary groups. The President of Congress presides over the debate, which is divided into 30-minute segments for each parliamentary group.
Vote: The vote of confidence is approved by a simple majority of the Congress of Deputies.
Effects: If approved, the government’s position is confirmed. If rejected, the government resigns, and the King begins consultations to propose a new candidate for Prime Minister.