Constitutional Principles of the Spanish State of Autonomy

Recognition of National Pluralism in Spain

• The Spanish Constitution (EC) recognizes that Spain is a plural reality, often described as a "Nation of Nations."
• The Spanish nation is composed of different national and regional realities. While the constitutional text does not explicitly distinguish between them in legal treatment, Temporary Provision 2 ensures that Catalonia, the Basque Country, and Galicia could achieve political autonomy rapidly via Article 151 CE due to their status as "historic nationalities" and their distinct historical national attitudes.

The Principle of Autonomy

• The EC recognizes and guarantees the right to autonomy for nationalities and regions, as well as solidarity among them.
• Autonomy is the result of exercising a right that allows for the emergence of a composite state.
• The state is organized as a composite entity once the subjects endowed with the right to autonomy exercise it, based on:
  • a) Non-discrimination.
  • b) Solidarity between nationalities and regions (Article 2 EC).

State Constitutional Principles of Autonomy

The Regional State or State of Autonomy exists as a result of the exercise of the right to autonomy by all eligible subjects, with statutes of autonomy providing the final form based on the following principles:

Principle of Unity

There is a single state within the Spanish nation, characterized by a single sovereignty, a single constitution, one Head of State, one Constitutional Court, one judiciary, and one legal system. However, unity is not uniformity. The unit serves to ensure a minimum common denominator for the entire state, guaranteeing equal rights and obligations for all Spaniards and a unified economic framework. The state remains the sole subject of rights and obligations internationally.

Principle of Autonomy

This power is granted to territories belonging to the state. It represents the possibility for nationalities and regions (CCAA) to establish political autonomy, allowing them to possess legislative powers through their own parliaments and the capacity to create governmental bodies. This does not, in any case, constitute sovereignty.

Principle of Solidarity

The EC imposes the necessity of economic solidarity between Autonomous Communities (ACs) to ensure a balance between all regions. A specific organ, the Territorial Compensation Fund, has been created to redistribute resources.