CCSS3: EXECUTIVE POWER (The Government)

The President of the Government of Spain, (Spanish: Presidente del Gobierno) formally known by English-speaking nations and formally translated by the European Commission Directorate-General in English as Prime Minister is the head of Government of Spain. The current office is established under the 

Mariano Rajoy Brey of the People's Party has been the prime minister since he was sworn in on December 21, 2011, after winning the 2011 general election.

Royal nomination and congressional confirmation

Once a general election has been announced by the king, political parties nominate their candidates to stand for the presidency of the government. An outgoing president who is not running in that election remains in office as a caretaker until their successor is sworn in.

Following the general election of the parliament, the king meets with and interviews the political party leaders represented in the Congress of Deputies, and then consults with the Speaker of the Congress of Deputies (officially,Presidente de Congreso de los Diputados de España, who, in this instance, represents the whole of the Cortes Generales and was himself elected from within the Congress to be the Speaker) before nominating his candidate for the presidency. The current speaker is Jesus Posada.

Often minor parties form part of a larger major party, and through that membership it can be said that the king fulfills his constitutional mandate of consulting with party representatives with Congressional representation.

Constitutionally, the monarch may nominate anyone he sees fit as his prerogative to form a government. In practice, however, due to the need for the Prime Minister to command the confidence of the Congress of Deputies, the Prime Minister is usually the political leader whose party commands the most seats in the Congress.  For the Crown to nominate the political leader whose party controls the Congress can be seen as a royal endorsement of the democratic process— a fundamental concept enshrined in the 1978 Constitution.

By political custom established by Juan Carlos I since the ratification of the 1978 Constitution, the king's nominees have all been from parties who maintain the largest number of seats in the Congress. However, there is no legal requirement for this. In theory, the largest party could end up not ruling if rival parties gather into a majority, forming a coalition--though this has never happened at the national level. As political activity in Spain has effectively coalesced into a two-party system between PSOE and PP, the two major parties usually adopt some aspects of the minor party platforms in an effort to attract them into parliamentary pacts to gain a majority over their rival party in the event that no party is able to command an absolute majority of the Congress by themselves.

The monarch's order nominating a presidential candidate is countersigned by the Speaker of the Congress, who then presents the nominee before the Congress of Deputies in a process known as a Congressional Investidure (Investidura parlamentaria). During the Investiture proceedings the nominee presents his political agenda in an Investiture Speech to be debated and submitted for a Vote of Confidence (Cuestión de confianza) by the Congress, effecting an indirect election of the head of government.

After the nominee is confirmed, the Speaker of the Congress formally reports it to the king. The king then appoints the candidate as the new President of the Government. The king's order of appointment is countersigned by the Speaker.

If no overall majority was obtained on the Vote of the Confidence, then the same nominee and program is resubmitted for a second vote within forty-eight hours.  Following the second vote, if confidence by the Congress is still not reached, then the monarch again meets with political leaders and the Speaker, and submits a new nominee for a vote of confidence.  If, within two months, no candidate has won the confidence of the Congress then the King dissolves the Cortes and calls for a new general election.

Once appointed, the President of the Government forms his government whose ministers are appointed and removed by the King on the president's advice. 

Constitutional authority

Title IV of the Constitution defines the government and its responsibilities. The government consists of the President of the Government and ministers of state. The government conducts domestic and foreign policy, civil and military administration, and the defense of the nation all in the name of the king on behalf of the people.

  The government also has the right to propose laws to parliament and to pass a decree law (decreto-ley), which is a norm with the force of law dictated by the government in exceptional and urgent situations. It must be approved by the Congress of Deputies by a vote within 30 days or it is no longer considered valid.

QUESTIONS: 1. Explain the process by which the President of Government is elected. 2. How does the king’s choice for President of Government reflect his support for the democratic process? 3. How is the speaker of the Congress of Deputies chosen? 4. How are the ministers and their ministries decided upon? 5. What are the government’s responsibilities? 6. What is a decree-law? What happens if it is not passed by the Congress of Deputies within 30 days?