Key Aspects of the Spanish Constitution: Government, Administration, and Parliament

Unit 2: The Spanish Constitution - Parts IV to X

2.1 Title IV: Government and Public Administration

Function of the Government

The Government is the body that directs domestic and foreign policy, civil and military administration, and the defense of the state. It exercises executive and statutory authority under the Constitution and laws.

Composition of the Government

The Government consists of the President, one or more Vice Presidents, Ministers, and other members established by law.

Cessation of the Government

The Government is constituted through the process of approving its President and ceases by:

• General election (every four years)
• Early dissolution of the Cortes (Parliament)
• Loss of parliamentary confidence (motion of censure or vote of confidence)
• Resignation or death of its President

The King dissolves Parliament and calls new elections.

Public Administration Principles

Public Administration is the political element of the executive. The Administration must adjust its actions to the following principles:

• Effectiveness

  This principle dictates that the Administration's actions must achieve the best results with minimum formalities in the shortest time possible. The principle of effectiveness should be linked to the principle of efficiency, meaning that, in addition to obtaining the best results effectively, they must be achieved at the lowest possible economic cost.

• Hierarchy

  The superior body may direct, monitor, modify, manage, and resolve conflicts among lower bodies.

• Deconcentration

  This involves the transfer of functions from higher to hierarchically lower bodies. The superior body retains the possibility of control over the lower body. An example of deconcentration is the transfer of functions from central State organs to peripheral organs, such as regions and provinces.

• Decentralization

  This involves the devolution of functions from one administration to another, without the possibility of monitoring by the decentralized body (which cannot be brought back under direct control). Examples of decentralization include the devolution of government functions to autonomous communities and from these to local councils and provincial councils.

• Coordination

  This arises to ensure joint action and avoid duplication in the activity of public administration. An example of coordination is the actions of the Prime Minister, who coordinates the functions of the Council of Ministers.

2.2 Part V: Relations between the Government and Parliament

The Constitution vests the legislative power with the role of supervision and control of the executive. Jointly accountable, Parliament may seek information and assistance for legislative control over the executive to be dealt with effectively. The Government may be subjected to interpellations and questions, and the Prime Minister may submit to a vote of confidence or a motion of censure.

Interpellations and Questions

An interpellation may lead to a motion, while questions do not. In the case of an interpellation, if the government loses the vote, it is not required to resign.