Politics of Spain

Escudo de España

The Spanish policy is the set of administrative conditions that the laws of Spain dictate for the operation that the legislative bodies consider suitable for the country. According to the classification of government systems in the world, Spain has the form of parliamentary monarchy, since its legislative power (represented in the figure of the Cortes Generales) exercises control of the executive, as well as legislative functions; with the exception of governmental legislative powers, such as the Royal Decree Laws that must in any case be debated, validated or repealed by the Congress of Deputies within a period not exceeding 30 days without the Spanish people being able to intervene in said processes. Spain, like practically all the countries around it, does not exist a participatory or semi-direct democracy, as for example in Switzerland; although it is possible by collecting at least half a million signatures to propose a popular legislative initiative, which requires debate and validation by the Cortes Generales for its approval.

Recent history

Former President Adolfo Suárez during a visit to Buenos Aires, Argentina, in autumn 1981

During this period, the change of regime took place, from the Franco dictatorship to the current democracy. While Adolfo Suárez was president of the Government, the Law for Political Reform (1976) and the current Constitution (1978) were approved. Suárez ruled from 1976 to 1981.

On February 23, 1981, some rebel groups of the Civil Guard seized the Congress of Deputies and tried to impose a military dictatorship. However, the vast majority of the Spanish Armed Forces remained loyal to King Juan Carlos I, who used royal authority to safeguard the constitutional order and bring down the coup attempt. At that time, the executive power fell to Francisco Laína, who served as head of the Permanent Commission of Secretaries of State and Undersecretaries, forming a provisional government that assumed the functions of the executive.

Spain joins the North Atlantic Treaty Organization (NATO) in early 1982. In October of that same year, the Spanish Socialist Workers Party (PSOE), led by Felipe González Márquez, won the elections to the Congress of Deputies and the Senate with an absolute majority. The PSOE also obtained an absolute majority in the 1986 and 1989 elections. González, at the head of the PSOE, ruled for the next 13 years. During his tenure, the Welfare State and the autonomous model were developed and important changes took place in social policy, long overdue due to the dictatorship. Also, this period was marked by political scandals of corruption and state terrorism (GAL). In 1986 Spain became part of the European Union (EU).

In March 1996, José María Aznar's Partido Popular (PP) was the party with the most votes, winning almost half of the seats in Congress. Aznar proposed to liberalize the economy, with a privatization program, labor market reform, and measures aimed at increasing competitiveness in certain markets, mainly telecommunications. During Aznar's first legislature, Spain achieved the objectives of the Economic and Monetary Union. During this period, Spain participated, along with the United States and other NATO allied nations, in military operations in the former Yugoslavia. Spain proposed to take part in the Kosovo war in 1999, and the Spanish Armed Forces and some police units were included in peacekeeping forces in Bosnia (IFOR, SFOR) and in Kosovo (KFOR).

The PP obtained an absolute majority in both chambers of the Cortes Generales in the March 2000 elections. This result allowed Aznar to form a government without the need to ally with other political forces as in his previous legislature. Aznar was a staunch defender of transatlantic relations and of the war against terrorism. This legislature was marked by the social unrest produced by some laws or decisions (change of the Education laws, Organic Law of Education Quality, Iraq war, Prestige Disaster, 11-M attacks) that certain sectors of the population did not they accepted. For the March 2004 elections, Aznar appointed Mariano Rajoy (until then 1st Vice President of the Government) as the PP candidate.

The PSOE won the elections and José Luis Rodríguez Zapatero was elected Prime Minister. Three of the most important measures of the Government at the beginning of its mandate were: the participation of women in half the positions of the Council of Ministers, the withdrawal of Spanish troops in Iraq and the approval of homosexual marriage.

At the end of 2011 the general elections were held where the PP (Popular Party) won with Mariano Rajoy at the head, leaving him as president of the Spanish government, taking office at the beginning of 2012.

On June 1, 2018, a motion of no-confidence against the government headed by Rajoy was approved, with the PSOE leader Pedro Sánchez Pérez-Castejón being sworn in as the new president of the Government.

Political parties and organizations

The political parties and coalitions currently represented in the Congress, the Senate or the European Parliament are:

There are many other political parties and coalitions present only in town halls or regional parliaments at present, apart from those mentioned above.

In 2002, Organic Law 6/2002 on Political Parties was approved, which prevents the support of terrorist organizations through political parties. Through this law, the political group Batasuna has been outlawed, and the electoral lists of formations such as Autodeterminazioaren Bilgunea (AuB) and Aukera Guztiak (AG) have been annulled.

Direct democracy

The Spanish Constitution in its article 1.2 establishes that «national sovereignty resides in the Spanish people, from whom the powers of the State emanate», and in its article 23.1 that «citizens have the right to participate in public affairs, directly or through representatives".

Article 92 allows consultative referendums, which, although they are not mandatory, constitute a decisive transcendental decision, since the disavowal of their result would have incomposable political repercussions. Binding referendums are mandatory in two situations: first, for reform of certain statutes of autonomy, either because it is an autonomous community constituted under the protection of article 151 or because it has been explicitly included in its statute; second, because it is a constitutional reform that entails a modification that affects fundamental parts of it, as stipulated in article 168 (aggravated reform), or when, through article 167 (ordinary reform), future revision is requested, to submit to a plebiscite, by 10% of one of the chambers of the Cortes Generales. In addition, article 168 includes the obligation of new general elections to establish new Cortes, which will be in charge of proceeding to examine the text and ratify it, before submitting it to a national referendum.

Three referendums have been held at the national level since the approval of the Constitution: the one required for its ratification in 1978, the one on accession to NATO, which was consultative, and the one that inquired about the approval of the European Constitution Treaty of 2005, also advisory.

The Constitution includes the Popular Legislative Initiative (art. 87 of the Constitution and the Organic Law of the Popular Legislative Initiative). After collecting 500,000 signatures, the promoters of the initiative propose their discussion to the Congress of Deputies.

Legislative branch

Entrance to the Congress of Deputies, lower chamber of the Spanish legislature

Legislative power rests with the Cortes Generales, a bicameral assembly made up of the Congress of Deputies and the Senate. They represent the people, exercise legislative responsibility and approve budgets.

The Senate is the upper house, made up of a variable number of senators, one of whom is elected by the legislature of each Autonomous Community, and another for every million inhabitants.

There are also senators directly elected by the people. Four for each province, three for each of the islands of Gran Canaria, Mallorca and Tenerife, one senator for each of the islands or groups of them from Ibiza-Formentera and Menorca in the Balearic Islands, Fuerteventura, Gomera, Hierro, Lanzarote (including La Graciosa and the smaller islands) and La Palma for the Canary Islands and two senators for each of the autonomous cities of Ceuta and Melilla.

Distribution of seats in Congress of Deputies by Legislature

The Senate lasts four years in office, has functions of territorial, legislative and political integration.

Congress is the lower house, but it has more powers than the Senate. Perhaps the most important is to ratify the proposal that the King makes to the President of the Government, as well as to withdraw his confidence.

The Congress of Deputies is made up of a minimum of 300 and a maximum of 400 Deputies, its current number being 350 by determination of the Organic Law of the General Electoral Regime, approved in 1985.

Deputies are elected in each constituency, which is assigned an initial minimum representation and an additional number of seats according to its population; the ordinary electoral constituency is the province. In the case of the autonomous cities of Ceuta and Melilla, the provincial circumscription is not counted. Each of these cities is represented by a Deputy. The deputies last in office for four years, or their mandate may end the day that the Cortes are dissolved by the king, at the request of the president.

The regime for the election of Deputies makes Congress a Chamber of popular representation and with a purely political character, which is why it is the true center of Spanish public life and the stage where debates and votes of serious importance take place. In addition, the powers that the Constitution attributes to Congress without the intervention of the Senate enhance said political character, given that Congress is the exclusive power to grant and withdraw the confidence of the Cortes Generales in the Government and resolve conflicts that arise between the Chambers in the preparation of and approval of laws. The vote of the Deputies is personal and cannot be delegated (article 79.3 of the Constitution).

Executive branch

It is directed by the council of ministers, which has as many ministries as established by the royal decree of structure approved by the president of the government in accordance with the country's needs at the time. Its purpose is to enforce the laws approved by the legislature, as well as to plan and execute the government program and direct the public administration for this purpose.

The President of the Government is the designation of a position of the executive branch, which serves as head of government in some countries with a parliamentary (Spain) or semi-presidential (Russia) system.

Although internationally considered equivalent to other denominations, such as Prime Minister (UK, France, etc.), Chancellor (Austria, Germany) or President of the Council of Ministers (Italy and others), the functions are not necessarily the same. For example, in Spain the President of the Government is not primus inter pares, as Prime Ministers tend to be, like the one in the United Kingdom, but a true and undisputed head of government.^{[citation required]}

Constitutional Presidents of the Government of Spain

Ministries

The Kings of Spain.

Ministries are the form of organization of the executive branch. It is a dynamic organization, and it changes according to the interests of the governments that appoint them. Therefore, any list of ministries can become obsolete. Those of old legislatures are on the page Ministries of Spain. Currently they are the following [2]:

• Ministry of Agriculture, Fisheries and Food (Luis Planas Puchades)
• Ministry of Economic Affairs and Digital Transformation (Nadia María Calviño Santamaría)
• Ministry of Foreign Affairs, European Union and Cooperation (José Manuel Albares Bueno)
• Ministry of Science and Innovation (Diana Morant Ripoll)
• Ministry of Consumer Affairs (Alberto Garzón Espinosa)
• Ministry of Culture and Sport (Miquel Octavi Iceta i Llorens)
• Ministry of Defence (Margarita Robles Fernández)
• Ministry of Education and Vocational Training (Maria del Pilar Alegría Continente)
• Ministerio de Hacienda y Función Pública (María Jesús Montero Cuadrado)
• Ministry of Labour and Social Economy (Yolanda Díaz Pérez)
• Ministry of Transport, Mobility and Urban Agenda (Raquel Sánchez Jiménez)
• Ministry of Equality (Irene Maria Montero Gil)
• Ministerio de Industria, Comercio y Turismo (Reyes Maroto Illera)
• Ministry of the Interior (Fernando Grande-Marlaska Gómez)
• Ministry of Justice (María Pilar Llop Cuenca)
• Ministerio de Política Territorial (Isabel Rodríguez García)
• Ministerio de la Presidencia, Relaciones con las Cortes y Memoria Democrática (Félix Bolaños García)
• Ministry of Health (Carolina Darias San Sebastián)
• Ministry of Inclusion, Social Security and Migration (José Luis Escrivá Belmonte)
• Ministerio para la Transition Ecológica y el Reto Demográfico (Teresa Ribera Rodríguez)
• Ministry of Universities (Joan Subirats)

In addition, the Minister of Territorial Policy (Isabel Rodríguez García) assumes the functions of Minister Spokesperson

Judicial branch

It is the set of courts and tribunals that have the power to administer justice in the name of the King. The General Council of the Judiciary is the highest governing body of the judiciary. The Constitutional Court controls that the laws and actions of the public administration conform to the Magna Carta. The Supreme Court is the highest court in all orders except in matters of constitutional guarantees.

Exclusively to said courts and tribunals corresponds the exercise of jurisdictional power, judging and enforcing the judgment. In the exercise of said power, the courts and tribunals know and decide all the jurisdictional processes of the civil, criminal, contentious-administrative, social and military orders. The knowledge and decision of said processes consists of the processing and pronouncement on the merits of the matter raised by the parties, whether they are authorities or individuals.

Also, in the cases in which the law allows it, the courts and tribunals are in charge of hearing and deciding matters that do not give rise to disputes between parties, in the so-called voluntary jurisdiction processes, currently regulated in the Law on Prosecution Civil of 1881. These are mainly the notarization of holographic wills (written by the testator "in his own handwriting") and other civil acts that require judicial intervention.

Likewise, First Instance judges and, where appropriate, Justices of the Peace, are in charge of the Civil Registry, being responsible for the custody and keeping of the books that record the birth, marital status, the facts that affect to the capacity to act and the death of people.

Principles

The Constitution guarantees respect for the essential principles necessary for the proper functioning of the Judiciary; these principles are impartiality, independence, irremovability, responsibility and legality.

• Principle of impartiality: In guarantee of the effective judicial guardianship assured to all citizens by the Constitution, the Organic Law of the Judiciary prohibits the intervention of judges and magistrates in the knowledge and decision of matters in which they may be interested as a party, either in their personal capacity or as representatives of other persons. Judges and magistrates are obliged to refrain from hearing or deciding such matters, and in the event that they do not do so may be challenged by the injured party; a higher court will hierarchically decide the recusal incident and, if it is well established, remove the judge or judge from the case.

These are causes of recusal, among others, the intimate or manifest enmity of the judge or magistrate with the parties or their lawyers, prosecutors, experts and witnesses; it is also kinship up to the four or the second degree consanguineous, according to the cases, with the same persons.

• Principle of independence: The courts and tribunals are independent of any authority or person in the exercise of their jurisdiction, including in respect of higher courts and the governing bodies of the judiciary.

• Principle of immobility Judges and magistrates are unmovable and cannot be transferred, suspended, separated or retired, but because of the cases and guarantees established by law.

This means that, outside such cases and in accordance with that procedure, no one may temporarily or definitively prevent a judge or magistrate from remaining in his or her position and free exercise, i.e., any form of interference in the Judicial Service is proscribed.

• Principle of responsibility: Judges and magistrates are personally responsible for disciplinary and criminal offences committed in the exercise of their functions; this liability may only be required by the legally established disciplinary route, without interference from the executive or legislative branches, or through the ordinary criminal procedure.

• Principle of legality: In the exercise of their jurisdictional functions, judges and magistrates are subject to the Constitution and the rest of the legal system, as are the rest of the authorities and the whole of the citizens.

As an informative principle of judicial processes, not expressly included in art. 117.1 CE:

• Principle of contradiction Principle that inspires the development of judicial proceedings and which consists of the possibility of the parties to discuss the legal and factual aspects of the dispute.

Citizen perception

Since 2009, in Spain there has been a notorious worsening of the image of politicians in public opinion, a fact reflected in numerous surveys that opposes a positive vision of politicians as people at the service of the common good, a vision based on the belief that people access politics to make use of the people rather than to serve them and with the aim of acquiring, maintaining and managing power in institutions or public spheres for their own purposes. Proof of this are the numerous cases of political corruption, as well as the results obtained by the political class in general opinion polls.