CCSS3 Unit 10 Power Point Notes

The Division of Powers in the Spanish State

1.Executive power = Government

2. Legislative Power = “Cortes Generales” = Houses or Chambers of Parliament

(Congress of Deputies and Senate) 

3. Judicial Power

Courts of Justice

(Judges and Magistrates)

Congress

•300-400 members (currently 350)

•Elected every 4 years in general elections or whenever parliament is dissolved

•Proportional Representation with closed party lists following the D´Hont Method (each province gets at least 2 deputies)

•Passes laws

•Approves general State budgets

• Controls government action and asks for explanations

•Can present a motion of censure (they can vote out the PM)

The Senate

•Is the chamber of TERRITORIAL REPRESENTATION

•208 senators total, elected every 4 years or when parliament is dissolved

•4 senators represent each province (except the islands, which have fewer)

•1 senator represents each autonomous community

•Each autonomous community gets 1 more for every million inhabitants.

•Has less power than the Congress of Deputies

•Proposes, reviews and votes on bills (“Proyectos de ley” – a proposed law being studied and discussed)

Executive power = Government

•Composed of the President, Vice President and ministers. (Together = The Council of Ministers)

•In charge of: foreign + domestic policy, defense, and economic policies

•Granted confidence by Congress (in an absolute majority) and formally nominated by the king.

•The President decides on each minister and ministry. They meet usually on Fridays at Moncloa Palace.

•Can request a vote of confidence (If he fails, parliament is dissolved and we have new elections).

Judicial Power = Courts of Justice and Magistrates

•Judges are independent but regulated by the CGJP

•The Supreme Court (Tribunal Supremo) has power all over Spain in all matters except the  constitutionality or unconstitutionality of laws.

•The Constitutional Court (Tribunal Constitutional) can hear appeals against the alleged unconstitutionality of laws/regulations.

•Most of the judges of both these courts are nominated by Congress and the Senate

•They pass  judgment on crimes

Other Institutions

  1. State Ombudsperson (“Defensor del pueblo”)

  -a person appointed by the “cortes generales”.

  - S/He: attends to citizen’s complaints, makes sure that their rights aren’t violated by the government

  2. Court of Audit (“tribunal de cuentas”)

  -counsellors appointed by the  “cortes generales”

  -They: control state administration and use of public funds

Part 3: Territorial Organization of Spain p.172

•  -The 1978 Constitution established a decentralized state (government powers are distributed in different institutions distributed around the country, like municipalities, provinces etc.)

AUTONOMOUS COMMUNITIES

-each has a statute of autonomy (fundamental institutional law)

-all have:

  -it’s name

   -it’s territorial boundaries

  -it’s symbols (anthem, coat of arms)

  -it’s political organization

 

  -The Autonomous Parliament / Legislative Assembly

-has legislative power there (members elected every 4 years)

-The Executive Council / Government of the Community

-has executive power within community

-has president + regional ministers of different areas (education, health, economy etc.)

- The Supreme Court of Justice – the highest judicial institution in the community

The powers of the community  = legal authority

-some powers were their responsibility from the beginning (ex.regulation of tourism and agriculture)

-some powers were given to them from the State later (ex. Education, healthcare)

 

-Autonomous Cities (Ceuta + Melilla)

  -have their own institutions (legislative assemblies + executive councils)

  -cannot pass laws

    -can introduce legislative initiatives in the “cortes”

Regional Government

•2nd article of the constitution = “Spain is the common and indivisible homeland of all Spaniards.”

•17 Autonomous Communities + 2 autonomous cities

•Each has a Statute of Autonomy

•Each has its own parliamentary democracy

•Since the 1978 constitution they have gotten different levels of power.

•2 “Communities of Chartered Regime” (The Basque Country and Navarra) = full fiscal autonomy

•The rest are “Communities of Common” : They have limited fiscal independence (a lot their taxes are administered centrally and redistributed among them for fiscal equalization.)

•3 have their own police force: Mossos d’Esquadra (Catalonia), Ertzaintza (Basque Country) and Chartered Police (Navarra).

Provinces and Municipalities p.72

1. Provinces

-contain several municipalities

-their government/administration are the responsibility of provincial councils (“diputaciones”) , which are made of deputies elected by city councils.

-their main function = management/coordination of services shared by its municipalities (transport, water, energy supply, culture, protection of environment etc.)

-In autonomous communities with only 1 province, the regional government does the work of the provincial councils

-In the Balaeric Islands municipalities are coordinated by the insular councils

-In the Canary Islands, by the “cabildo” à represent each island