Understanding Municipal and Provincial Administration in Spain
The Municipal Administration
A) The Elements of the Municipal Structure:
The Municipal Population
The municipal population consists of individuals with a special bond or connection to a municipality, primarily through residence. The town, as a local authority, extends its authority over all people within its territory. This sense of belonging is called “neighborhood condition” and is determined by the Municipal Census record. All residents, regardless of nationality or legal capacity, must register. Minors and incapacitated individuals share the same neighborhood as their parents. Membership confers rights and duties as outlined in Article 18 of the LBRL (Law Regulating Local Government Bases).
Term or Territory City
The municipality has responsibility over a specific national territory called a municipality, which belongs entirely to a single province. Changes to the municipality can occur through:
- Addition: One or more municipalities join, causing the disappearance of the original ones.
- Fusion: Two or more municipalities merge to form a new municipality.
- Segregation: One or more municipalities separate to join another or create a new independent municipality.
The LBRL entrusts the regulation of these matters to the laws of the Autonomous Communities (CCAA) with three requirements: hearing of the municipalities involved, opinion of the State Council, and ensuring sufficient resources for carrying out competencies.
Municipal Organization: City Council
a) City Council in Plenary
The City Council in Plenary is the elected body responsible for the government and administration of the municipality. It comprises the Mayor, Board of Local Government, Advisory Committees, and two special committees (Suggestions and Complaints, and Accounts). The LBRL and CCAA laws allow for the creation of additional organs.
Composition
The Plenary is composed of Councilmembers, one of whom assumes the position of Mayor. The number of Councilmembers varies depending on the resident population, ranging from 5 to 25. They are elected through a system of proportional representation based on closed and blocked lists submitted by political parties or coalitions. All citizens over 18 years old and registered in the municipality’s Census have the right to vote.
Powers
The Plenary is responsible for major decisions, including:
- Normative powers: Approving regulations and ordinances.
- Control powers: Overseeing other municipal organs.
- Administrative responsibilities: Making decisions on organizational, financial, and procedural matters.
b) Mayor
The Mayor is the President of the municipal corporation, elected by and from among the Councilmembers.
Election
Only Councilmembers can be candidates. To be elected on the first ballot, a candidate must win an absolute majority vote. If no candidate achieves this, the Mayor will be the head of the list with the most votes in the municipality. In case of a tie, the decision is made by lot.
Dismissal
The Mayor can be dismissed through a vote of no confidence or by losing a question of confidence. Both require approval by an absolute majority of the City Council members.
Powers
The Mayor has various powers, including:
- Presiding over meetings of the Plenary, the Government Commission, and other municipal bodies.
- Acting as the Chief Executive of the municipality, directing and inspecting services, managing finances, and exercising disciplinary authority.
- Representing the municipality in external relations.
c) The Local Government
The Local Government is a mandatory body in municipalities with a population over 5,000 inhabitants. It assists the Mayor in exercising their powers and comprises the Mayor, Deputy Mayor (optional), and a number of Councilmembers (not exceeding one-third of the total).
d) Commissions
Commissions play a role in preparing the work of the Plenary and controlling the actions of the Mayor and the Government Commission. They are mandatory in municipalities with over 5,000 inhabitants and must include representatives from all political groups.
e) Special Committees
Two special committees exist within City Councils:
- The Special Accounts Committee: Responsible for overseeing the implementation of the City budget and accounting. It prepares a report on the annual accounts and investigates complaints of financial irregularities.
- The Special Commission of Suggestions and Complaints: Monitors the municipal administration’s activities and addresses citizens’ complaints. It produces an annual report on complaints and deficiencies in municipal services.
B) The Municipal Powers
The System of Allocation of Powers
Municipal powers are assigned through a sharing system, where state and regional laws determine the specific competencies of City Councils. The LBRL ensures that municipalities have the minimum necessary powers to protect their interests.
Principles of the Legal System
Three principles protect local administration:
- General Ability: Municipalities can engage in various activities and provide public services to meet local needs.
- Matters or Sectors: State and regional laws must consider local interests when legislating on specific matters.
- Required Services: The LBRL lists essential services that Councils must provide.
Different Levels of Competencies
a) Own Powers
Own powers are those directly attributed to municipalities by state and regional laws. They are exercised under the municipality’s own responsibility and can be regulated by the Council.
b) Delegated Powers
Delegated powers are transferred from the State or CCAA to municipalities under specific conditions. The delegating entity retains ownership and can control the exercise of these powers.
C) Special Municipal Systems
Several special regimes exist for municipalities with unique characteristics:
- Open Council System: Found in small towns, where decision-making involves direct participation of residents.
- Regimes for Small Municipalities: Established by CCAA for rural or historically significant municipalities.
- Metropolitan Areas: Large urban areas with economic and social links, requiring joint planning and coordination.
- Organizational Scheme of Big Cities: A system with a strong executive Mayor and Local Government, accountable to the Plenary.
The Provincial Administration
A) Elements
Population and Territory
The province is a corporation of municipalities. Its boundaries are determined by law and require approval by Parliament. Any alteration to provincial boundaries affects the municipalities within them.
Provincial Organization
The provincial organization consists of three main bodies:
a) The Plenary of the Provincial Council
The Plenary is the highest governing body of the province, composed of Provincial Deputies elected indirectly by and from among the Councilmembers of the municipalities within the province. Its functions include normative powers, control over other provincial organs, and decision-making in organizational, financial, and procedural matters.
b) The President of the Provincial Council
The President holds a leadership position similar to the Mayor. They are elected by the Plenary and can be removed through a vote of no confidence. The President’s powers include heading the Provincial Council, representing the province, directing administration, and exercising residual competencies.
c) The Government Commission
The Government Commission assists the President in exercising their powers. It is composed of the President and a number of Provincial Deputies appointed by them.
d) Commissions
Commissions prepare the work of the Plenary and control the Provincial government team. Their functions and composition are similar to municipal commissions.
B) The Powers of the Province
Determination of Competencies
The LBRL defines provincial powers in three levels:
- Ensuring adequate provision of municipal services throughout the province.
- Participating in coordination with the CCAA and the State.
- Exercising powers delegated by state or regional laws.
Different Levels of Competencies
Similar to municipalities, provinces have own powers and delegated powers, subject to the same rules and conditions.
Special Provincial Regimes
Some provinces have unique systems due to historical or geographical factors:
- Uniprovincial CCAA: In these cases, the Provincial Council is absorbed into the regional administration.
- Historical Territories of the Basque Country: The provinces have broader functions and greater autonomy.
- Archipelagos: The Balearic and Canary Islands have specific island councils with significant powers.
The Relationship Between Local and Regional Authorities
A) General Principles
Several principles govern the relationship between local and regional authorities:
- Local Autonomy: Municipalities have regulatory powers, a defined circle of interests, and exercise their powers independently.
- Unity: Local authorities are subject to state and regional laws and controls.
- Solidarity: Local and higher authorities must respect each other’s responsibilities and cooperate.
B) Control Techniques
The LBRL establishes a system for controlling local activity to ensure compliance with the law and proper management. This includes:
- Appeal: State or regional authorities can challenge local acts or agreements that violate the legal order.
- Special Regime: Specific procedures exist for challenging local actions that undermine state or regional powers.
- Special Regime for Serious Injury: The State can intervene in cases where local actions seriously harm national interests.
This control system aims to guarantee local autonomy while ensuring accountability and adherence to the law.