The Government of Catalonia: Structure, Powers, and Institutions

Posted on Sep 1, 2024 in Law & Jurisprudence

The Existing Institutions of the Government

The Parliament of Catalonia ensures good governance of the nation, creates and maintains the government, elects the President of the Government, and approves and supports the government’s proposed program.

  • The Parliament is composed of deputies who are elected by universal, free, equal, and secret suffrage.
  • The parliamentary group translates the political agenda of initiatives and the parliamentary government program.
  • The President represents the Chamber, establishes and maintains the order of discussion and debate in accordance with regulations, and seeks to maintain order within the Parliament.
  • The Standing Committee ensures the powers of the Chamber in case of expiration of the parliamentary mandate.
  • Committees are small groups of members that reflect the proportional distribution of parliamentary groups in the House and specialize in specific subjects.

The Presidency of the Government

The President is elected by Parliament from among its members and appointed by the King. The President has two types of functions:

Representative Functions

  • Maintain relationships with other state institutions and autonomous regions.
  • Summon elections to the Catalan Parliament.
  • Appoint top officials as stipulated by law.
  • Enact laws on behalf of the King of Spain.

Governmental Functions

  • Appoint the ministers.
  • Convene and preside over meetings of the government.
  • Sign decrees approved by the Board and Executive orders.
  • Request Parliament to convene in extraordinary session.
  • Enact or dissolve the conclusion of a general debate.
  • Coordinate the Government’s legislative program and the preparation of general rules.
  • Convene and chair the Executive Board.
  • Provide information that Parliament may request from the Government.

The Government

The Government of Catalonia directs the administration of the Generalitat of Catalonia and holds executive and regulatory power. It is composed of the President and the ministers, and is politically answerable to Parliament. The ministers are not directly responsible for management.

Duties of the Government

  • Determine the guidelines of government action.
  • Develop and implement the government’s budget.
  • Approve bills and Legislative Decrees.
  • Exercise statutory authority.
  • Give or refuse consent to the processing of certain propositions of law.
  • Appoint and dismiss senior positions in public administration.
  • Designate representatives of the Government in certain institutions, organizations, and businesses.
  • Designate members of the Council for Statutory Guarantees.
  • Adopt regulatory measures for the implementation of treaties and international conventions and agreements.
  • Approve projects and cooperation agreements with other regions.
  • Promote the Constitutional Court.
  • Address conflicts of jurisdiction, resources, and issues affecting Catalonia.

Other Institutions

  • The Ombudsman: This institution defends the fundamental rights and freedoms of citizens.
  • The Audit Office: This body oversees the financial management, accounting, and public finances of Catalonia.
  • Advisory Council: This council adapts bills and draft legislation to the Statute of Catalonia.

The Powers of the Government

Exclusive Powers

Exclusive powers refer to the authority to exercise public functions related to a particular matter. These include:

  • Organization of self-government institutions
  • Civil law of Catalonia
  • Procedural and administrative standards
  • Culture and history
  • Research
  • Local planning
  • Hygiene
  • Tourism
  • Fishing and crafts
  • Youth
  • Sports and statistics

Shared Powers

Shared powers involve the division of a subject or the functions exercised in relation to it, often including the splitting of the same function, particularly in legislation. Examples include:

Economic Matters

  • Planning of economic activity in Catalonia
  • Industry development and implementation of plans established by the state
  • Agriculture and livestock
  • Internal trade
  • Credit institutions
  • Public economic sector of the Government

Other Areas

  • Education (full competence of the Government)
  • Media (the Statute grants powers to the Government)
  • Health (shared competence with the Government)
  • Justice: Exercising powers granted by organic laws of the judiciary, delimiting territorial divisions of courts in Catalonia, and assisting in the installation of courts.

Executive Powers

Executive powers are established by the constitution and statutes, outlining the division of functions exercised on the same subject. These include:

  • Prisons
  • Labor
  • Intellectual property
  • Weights and measures
  • Museums
  • Airports and ports
  • Maritime rescue

Public Safety Powers

  • Protect lawmakers and government officials
  • Provide relief
  • Protect people and property
  • Ensure public safety and the peaceful exercise of rights and freedoms
  • Monitor and protect government buildings, assets, and rights
  • Guarantee the observance of government orders and state laws, acting under the authority of judges, courts, and prosecution

Structure and Organization of the Administration

  • Departments: The units into which the government is organized.
  • Government Secretariat: Provides assistance and support to the Government of the Generalitat.
  • Secretaries-General: Represent the Minister on various subjects and activities.
  • Secretaries-Sectoral: Responsible for specific sectors.
  • Directorates-General: Provide specialized services within departments.
  • Territorial Bodies: Represent the government in their respective districts.