Political and Financial Framework of Spanish Autonomous Communities

Political Institutions of the Autonomous Communities

Article 151 of the Spanish Constitution outlines the requirements for certain Autonomous Communities (CCAA) to access a higher level of autonomy, necessitating the configuration of specific central bodies or institutions.

Each Autonomous Community features a Legislative Assembly, elected by universal suffrage through a proportional representation system. This system is designed to ensure representation for the diverse areas within the territory.

Governing Council

The Governing Council performs administrative and executive functions. Its composition is not explicitly detailed in the Constitution but is determined by each Autonomous Statute.

President of the Autonomous Community

The President of the Autonomous Community is elected by the Legislative Assembly from among its members (an MP). The President's functions include:

• Directing the Governing Council.
• Representing the Autonomous Community.
• Representing the State within the Autonomous Community.

Superior Court of Justice

Each Autonomous Community has its own Superior Court of Justice. This court is the highest judicial body within the Autonomous Community, without prejudice to the jurisdiction of the Supreme Court (TS). The powers of the judiciary are not derived from the Autonomous Statutes but from the Constitution, as the exercise of judicial power is unique and unified across Spain.

Financing of Autonomous Communities

Article 156 of the Spanish Constitution establishes the financial autonomy of the Autonomous Communities. To effectively decentralize powers, it is essential that regional governments can manage their own income. This autonomy must be exercised according to two basic principles:

• Principle of coordination with the State Treasury
• Principle of solidarity

The financing system is mixed, with one part dependent on the State and the other on the Autonomous Communities. Sources of funding include:

• Funding from the State, which may consist of taxes wholly or partially ceded by the State.
• State surcharges on certain taxes.
• Shares in other State revenues.
• Transfers from the Inter-Territorial Compensation Fund.
• Allocations from the State's general budget.
• Special levies and taxes imposed by the Autonomous Communities.
• Income from property and private law rights of the Autonomous Community.
• Resources obtained from credit operations.

Certain historical territories, such as the Basque Country and Navarre, have a specific financing system due to their historical statutory rights. Their funding system is unique, and they contribute to central government revenues through a quota system. The Autonomous Statute defines this financing model, and once approved, its rigidity ensures stability.