Spain holds special significance in political science and constitutional law for its multicultural, unitary, and autonomous regions, where regions with diverse historical origins and cultures and languages are constitutionally recognized. The diversity of regional communities in Spain, their unique character, and their distinctive structure have developed and become deeply rooted over centuries. However, some regions with significant degrees of autonomy and some privileges are recognized by the constitution as historical regions.
While Spain is known as a unitary state within the framework of the 1978 Constitution, it can be described and structured according to the principle of decentralization, with 17 autonomous regions and communities, two autonomous cities (Ceuta and Melilla), 50 towns, and 8.131 municipalities.
Following the civil war that lasted from 1936 to 1939, Spain’s democratic process is considered to have begun after Franco’s death, due to the suppression of regional autonomies during the Franco dictatorship from 1939 to 1975. Accordingly, the years 1975-79 experienced a peaceful transition to democracy, with internal conflicts resolved through political compromise. However, this process was a very challenging one, as the pro-democracy king, leftist and conservative political leaders and nationalist groups reached a common understanding on the way to build a multicultural pluralist democracy. So, the 1978 Constitution was structured through difficult & challenging processes.
In Spain’s democratization and the development of its autonomous regions can be considered difficult processes as some regions demanded special status by raising their historical differences and privileges. So the persisting differences and distinctive identities caused serious problems and some regions experienced long-standing, often armed conflicts between historical regions. Therefore, the reorganization of autonomous regions within the constitutional framework of the republican era and the institutional restructuring of these regions have emerged as a difficult problem to resolve. The fact that regions with different autonomous statuses, institutions, and powers continue to be the discussion issue between the center and the regions, and even between the regions.
Historical regions recognized with the transition to a constitutional system—Catalonia, the Basque Country, Galicia, and Andalusia—were granted broader powers than others upon their initial establishment. For this reason, they are also referred to as “first-degree” or “fast-track” autonomous communities. Other regions were granted relatively limited powers; however, the constitution included provisions allowing them to expand their powers, with specific deadlines for completion. For this reason, autonomous communities established with more limited powers are called “second-degree” or “gradually established ” autonomous regions.
In short, Spain’s transition to democracy and harmonization of the political and regional pluralism process were achieved after long and persistent conflicts.
A close review of the constitutional design of autonomy indicates that the Spanish Constitution does not grant self-determination within the autonomy granted to regions and nationalities, but rather recognizes their right to preserve and develop their cultural identities by adopting the concept of “cultural nationalities.” Spanish autonomous regions, unlike administrative regions, are established and recognized as political structures. A characteristic feature of autonomous communities is that they are established as a result of solidarity arising from a strong sense and determination to protect the culture and identity of the society living within a specific geographical area.
Spain’s Constitution and autonomous regions
Spain differs from the federal state due to its constitutional guarantee, which regulates the powers of autonomous regions/communities regarding their establishment and operation through a centralized approach. In other words, a regional state is not formed by the unification of “constituent units, ” but rather by the central government delegating some of its powers to the regions. So, briefly, the source of the regions’ autonomy is the national constitution. Another important point is that the powers granted to autonomous regions are constitutionally guaranteed. On the other hand, due to the unitary nature of the state, the central government retains the authority to amend the “constitution,” and the regions cannot participate in these processes; also, regional approval is not required for constitutional amendments.
Furthermore, while the principle of judicial unity is a characteristic of unitary/monist states, the principle of judicial unity is recognized in the Spanish Constitution. In other words, the political autonomy of autonomous communities encompasses the legislative, executive, and administrative spheres, but not the judiciary.
In line with this political approach, Article 103/1 of the Constitution states that public administration shall be conducted in accordance with the law, in line with the public interest, in coordination with the principles of efficiency, hierarchy, and decentralization.
It should be noted that since 1994, the powers of these autonomous communities have been expanded. The 1978 Spanish Constitution, which resolved the autonomy debate, recognized the “right to autonomy” not only to regions but also to “nationalities.” With such a regulation, the demands of the Basque Country, Catalonia, and Galicia were satisfied. Article 2 of the 1978 Constitution states, “The Constitution is based on the indispensable unity of the Spanish nation, the common and indivisible homeland of all Spaniards, and recognizes and guarantees the right to autonomy of the nationalities and regions that constitute it and the solidarity between them.” Article 1 of the Constitution also states that “national sovereignty” belongs to the Spanish People. Therefore, the Spanish Constitution, along with the principles of national unity (one nation) and national sovereignty, embodies the principle of a “common and indivisible homeland”https://bianet.org/the indivisibility of the country. However, within the emphasis on national integrity, it recognizes the right of “nationalities” and “regions” autonomies.
An examination of the system of autonomy regulated by the Spanish constitutional system reveals that the fundamental aim is to establish a unitary structure and a harmonious political unity of autonomous regions. In a country founded on the principle of the unity of the Spanish state, the strong identity differences arising from different ethnic and cultural characteristics and shared historical values are the primary reasons for the adoption of the system of autonomies. On the other hand, the political conflicts caused by the granting of autonomy to regions seeking broad political autonomy and independence necessitate the constant evaluation of the system of autonomies. The Spanish model is also considered a model that facilitates the conflicts arising in the political field, where political goals stem from the differences between the central state and the autonomous regions.
Spanish autonomous regions, when compared to other European countries, are distinguished by their strong desire to preserve their cultural and identity characteristics. Historical regions largely retain their ethnic, cultural, and identity. As noted, this situation has been a fundamental characteristic of Spain’s political system and constitutional structure. It is also observed that the Catalans and Basques, in particular, due to their different cultures and languages, are seeking greater autonomy than stipulated in the constitution.
Constitutional oversight of regions
The political and legal status of autonomous regions in Spain is determined by their “statute of autonomy.” According to the Constitution, this status is recognized as the basic law of autonomous regions and, once approved by Parliament, is accepted as part of Spain’s legal system. According to the Constitution, the statute specifies the geographical boundaries of the autonomous region, the scope of its autonomous institutions, its organizational structure, and the powers granted under the Constitution and relevant legislation. The ability of autonomous regions to draft their own statute constitutes a key feature of the autonomous democratic structure of the Spanish system. Each autonomous region has a parliament with legislative power, and the legislation enacted is published in Spanish and the autonomous community’s native language, as well as official gazettes published in Catalan, Basque, and Galician.
Thus, the Constitution guarantees the autonomy of local governments and autonomous communities and grants them various powers. On the other hand, it stipulates that these powers must be exercised in accordance with the Constitution and the law. Article 153 of the Constitution regulates the oversight of autonomous communities, audited by the Constitutional Court, the government, administrative judicial bodies, and the Court of Accounts. The first three audits are primarily legal compliance audits, while the Court of Accounts audit is primarily financial audits.
On the other hand, in accordance with the “unitary” nature of the Spanish system, the legislative authority of the autonomous regional parliaments is recognized within the limits stipulated in the Constitution, and the legislative regulatory acts of the autonomous communities are subject to the review of the Constitutional Court according to Article 153 of the Constitution. Furthermore, Article 161 of the Spanish Constitution stipulates that the resolution of conflicts of power between the state and the autonomous communities, and between the autonomous communities themselves, falls within the jurisdiction of the Constitutional Court. Article 161/2 of the Constitution stipulates that the government may appeal to the Constitutional Court against general regulatory acts and decisions adopted by the autonomous community bodies.
In addition to judicial review, the Spanish Constitution grants the central government a broad range of abstractly expressed supervisory powers over the autonomous communities. According to Article 155, if the autonomous communities fail to fulfill the obligations imposed on them by the Constitution or other laws, or if Spain is deemed to have acted seriously against its general interest, the government must first submit an application to the President of the Autonomous Community requesting the correction. If no correction/development is deemed sufficient, it stipulates that, with the approval of an absolute majority of the Senate, the government may take the necessary measures to compel the autonomous community to fulfill its obligations or to protect the general interests of Spain.
Furthermore, the same article grants the government the authority to instruct all institutions of the Autonomous Community to ensure the implementation of these measures. Another provision that allows the State to intervene in the legislative and various decisions of the Autonomous Communities is Article 150, which grants the National Parliament the power to enact laws establishing the principles necessary to harmonize the rule-making provisions of the Autonomous Communities, when the “general interest” so requires. (Naz Çavuşoğlu, Paragraph 25) Although power is shared in Spain in favor of the central state, considering the procedure governing the relations between the central state and the Autonomous Communities, it is unlikely that the Autonomous Communities will assume broader powers in the future. However, Article 145, paragraph 1 of the Spanish Constitution prohibits the establishment of a “federation of autonomous communities.”
In general, the Spanish Constitution limits the central state’s control over the laws and administrative acts of autonomous communities to legal oversight. Article 154 mandates a representative to be appointed by the government to ensure coordination between the state and the autonomous community in administrative matters. The president of the autonomous community and the government representative collaborate with each other to manage the regional administration to ensure that no service disruptions occur in the region. The autonomy granted to the regions by the Spanish Constitution also includes financial autonomy, and the relevant articles of the Constitution (Articles 156, 157, and 158) regulate this. Tax revenues allocated to the regions by the state, taxes imposed by the regions within the framework of relevant legislation, as well as the transfer of monetary resources to the regions from the interregional solidarity fund established to combat interregional economic inequalities, constitute the primary revenues of the regions. (NT/VK)
References
Naz Çavuşoğlu, “Bölgeli Devlette Egemenlik/Yetki Paylaşımı.” e-Academy, 4. 06.04, 2002 http://www.e-akademi.org/makaleler/ncavusoglu-1.htm
Atilla Nalbant , Üniter Devlet, Bölgeselleşmeden Küreselleşmeye, YPY, İstanbul, 1997.
Mete Yıldız, “İspanya Yönetim Sistemindeki Tekçilik ve Federalizm Tartışmalarının Değerlendirilmesi”, Dergi Park Akademik, Cilt: 29 Sayı: 2, 2011.
Luis Moreno, César Colino & Angustias Hombrado, “Spain: Constitutional Transition through Gradual Accommodation of Territories,” Forum of Federations, Occasional Paper Series. Ottawa, Ontario, 2019.
George E. Glos, The New Spanish Constitution, Comments and Full Text, 7 Hastings Const. Law Quarterly, 47 Volume 7, No. 1, Fall 1979. https://repository.uchastings.edu/hastings_constitutional_law_quaterly/vol7/iss1/2
Yüksel Metin- Burak Erece, ”Bölgeli Devlet ve Federal Devlet Mukayesesi: İspanya ve Federal Almanya Örneği”, Dergi Park Akademik, Sayı :7 , 29.06.2016
Source: BIANET
