Understanding the Spanish Government: Structure, Roles, and Principles

Posted on Jan 28, 2025 in Law & Jurisprudence

Item 6: The Constitutional Position of the Spanish Government

Constitutional Position of the Government

Parliamentary Government and Streamlined Processes

  • Formal centrality of Parliament is vital when choosing a President of the Government (PG).
  • Strengthening powers of government.
  • Control may include parliamentary voting discipline and presence in the acting Parliament.
  • The executive acquires a role in the process of European integration.

Training and Termination of the Government

Appointment of the President of the Government

Assumptions:

  1. Elections: Having completed the term and after the election and confirmation of the new Parliament.
  2. Resignation, death, or incapacitation of the PG.
  3. Loss of confidence in Parliament. There are two processes to review trust and confidence: the motion of confidence.

Investiture:

  1. Consultation with representatives of the King and political parties with parliamentary representation (Head of State’s faculty + important). The list of candidates is prepared for the Congress of Deputies (CD). The Senate does not participate.
  2. Proposal of a candidate: The King proposes to the President of the CD the name of the person to be PG in response to the majority of parliamentary support.
  3. Exposure of the program in the CD: The candidate will come to explain the program and get the confidence of the chamber.
  4. Vote: The session ends after the vote. If a majority is not obtained, a second vote is held after 24 hours, requiring a simple majority.
  5. Successive proposals: If confidence is not achieved, the King restarts consultations and repeats the process.
  6. After two months, if no candidate wins the trust, the King dissolves the Cortes and calls elections, with the endorsement of the President of Congress.

Cessation of the PG and Members

  1. Loss of parliamentary confidence (motion of censure, question of confidence).
  2. After the general election.
  3. The resignation or death of the PG.
  4. Cessation of members of the government.

Functions of the Government

The government directs domestic and foreign policy, civil-military administration, and the defense of the state’s executive and regulatory powers. The PG directs government actions, coordinates the functions of the members, and controls the management of ministers.

Composition of the Government and President’s Position

Composition

President, Vice-Presidents, Ministers, and other members are established by law.

Statute

  • Regimen of incompatibilities: They may not pursue other activities than those representative of their own parliamentary mandate, nor any other function that is not derived from public office, or professional or commercial activity.
  • Criminal responsibility: Special privileges in the criminal division of the Supreme Court.

Position of Primacy of the PG

The PG occupies the most relevant position within the government. They are a key figure who directs and coordinates. They propose the appointment and removal of all members of the government. On the agenda of the President is the ratification of the confidence of Congress, and the President can dissolve the Cortes, calling a referendum.

Structure of the Government

Single-person Organs

For example, the President, Vice-President, Ministers, etc.

Collegial Bodies

Agreements are made together after deliberation. A majority may be required, but the President may exercise their vote. Collegial organs include:

  1. Council of Ministers: Functions include passing decrees issued by the King, approving draft budget laws, and declaring a state of alarm, exception, or location.
  2. Commissions placed by delegates from the government: They have a sectoral nature, formed by intergrowth between ministries.

Collaboration and Support Bodies

These are the Secretaries of State, the Committee of Secretaries General and Undersecretaries of State, and the Government Cabinet.

Public Administration: Constitutional Regulation

Classification Criteria

  • Central: Dependent on central state organs. Administration includes peripheral and military.
  • Autonomic: Organizations dependent on autonomy.
  • Municipal or local: Dependent on the provincial deputation.
  • Institutional or Corporative: Depends on the authorities and public corporations tied to the state.

Constitutional Principles of Action

  • Principle of Legality: Compliance with the law and the Administration.
  • Principle of Objectivity: Objectively serves the general interest.
  • Principle of Hierarchy, Decentralization, Deconcentration, and Coordination: The administration acts according to these principles.
  • Principle of Citizen Participation: The right of citizens to an audience and access to administrative archives and records.
  • Principle of Liability: Courts control the regulatory powers and the legality of administrative action, and their assets can be held accountable.