Constitutional Role and Functions of the Spanish Government

The Role of Government

Direction of Domestic Policy

The direction of domestic policy includes:

• Reference to the dissolution of the chambers and call for elections (Art. 115 CE).
• Advisory referendum and far-reaching political decisions (Art. 92 CE).
• The declaration of a state of alert, emergency, and siege.
• The powers of the Autonomous Regions (CCAA).

Normative Dimension of Domestic Policy

• The Government's legislative initiative.
• The reservation of government initiative in the budget.

Direction of Foreign Policy

The direction of foreign policy falls under the exclusive jurisdiction of the State (Art. 149.1.3 CE).

Normative Dimension: International Treaties

State Defense and Security

State defense is intrinsically connected to the direction of domestic policy, foreign policy, military strategy, and international alliances. This is an exclusive jurisdiction of the State (Art. 149.1.4 CE).

• Governed by Organic Law 5/2005, of National Defense.
• The defense of the Constitution (Art. 8 CE).

Defense Policy Direction

• Directed by the Prime Minister and the Council of National Defense.
• Military missions abroad require the initiative of the Government and subsequent parliamentary approval.

Direction of the Administration

The Government directs the Administration, linking it closely with political strategy and state defense. This includes the direction of internal and external civil administration, as well as military administration.

Administrative Coordination and Resources

Effective political leadership requires:

• Coordination of administrative work through mechanisms of collaboration between Ministries.
• The Prime Minister's powers of direction and coordination.
• Availability of necessary human and material resources and information.

Legal Framework and Principles

The direction of the Government is realized through the Ministers and senior administrative organs.

• Governed by Law 6/1997, dated April 14, on the Organization and Functioning of the General Administration of the State (LOFAGE).
• Distinction between the political function and the strictly civil service function of the Administration.
• Application of the principle of hierarchy and administrative guidelines.
• The direction of the Administration in the Autonomous Communities (CCAA) is also relevant.

Executive and Regulatory Powers

The executive function, often synonymous with Law Enforcement, is held jointly by the Government and the Administration. This function has multiple dimensions, including the normative dimension (regulatory authority).

• The Autonomous Communities (CCAA) also possess an executive role.

Government's Role in the Constitutional State

The Government plays a crucial role in the operation of the constitutional state, including:

• Appointment of Judges of the Constitutional Court (Art. 159 CE).
• Initiating constitutional procedures before the Constitutional Court (Arts. 161.2 and 162 CE).
• Appointment of the Attorney General (Art. 124 CE).