Francoist State Institutions, Laws and Corporate Democracy

State of the New Structure

Fundamental Laws

The establishment of basic political laws and legal organizations of the Francoist state was a long process. It began during the Civil War and ended in 1966 with the Organic Law of the State. The first feature of the new state was the concentration of power: Franco was head of state, head of government, head of the party, and Generalissimo of the three armies.

• 1938: The Labour Law — the first basic law regulating labor relations and establishing the principles of national syndicalism.
• Jurisdiction of the Spanish: The set of duties and rights of the Spanish.
• National Referendum Act: Allowed Franco to submit to referendum issues he considered appropriate.
• 1947 — Law of Succession: Allowed Franco to appoint his successor "a title of king" (established Spain as a kingdom and provided for the monarchy as the successor of Franco).
• 1958: Enactment of the principle of the National Movement, which reaffirmed the Movement as the only party; all civilian and military officials were considered ex officio members of the Movement.

Organic democracy

Franco was inspired by the Italian corporatist state in constructing his new state. Popular participation was organized around three basic units: the family, the municipality, and the union. The system was called organic democracy.

Popular representation in state institutions was regulated by the Constitutive Act of the Parliament, which defined the Cortes as "the highest organ of the Spanish people to participate in the work of state." Their representatives (attorneys) were appointed to office; some served by virtue of holding other positions. Thus, it was a corporate representation by thirds: associations and entities, local government, and trade bodies. They lacked real legislative power; they were merely organs of cooperation with the Head of State.

At the territorial level, government power was transmitted by the old institution of civil governors in each province. In each province a military governor was also established, restoring the military structure of the Captaincy General. In municipalities, mayors were elected directly by the civil governor.

Another state power was the vertical unions, later called the Spanish Trade Union Organisation (OSE). The Trade Union Unity Act provided that employers and employees would be integrated into a single union per industry. The State assumed control over working conditions, effectively eliminating independent collective bargaining and the right to strike. This resulted in harsh working conditions and extensive benefits for businesses.