Spain's Autonomous Communities: Structure, Institutions, and Powers

Foundations of Regional Governance

The Rule of Law and Administrative Divisions

The rule of law in Spain is based on distinct branches of government:

• Legislative: Legislative Assembly of the Autonomous Community (Cortes)
• Executive: Council of Government (regional) and State Government
• Judicial: Superior Court of Justice (regional) and National Audience

Spain's administrative divisions include: municipalities, provinces, and autonomous communities.

There are 17 autonomous communities and 2 autonomous cities (Ceuta and Melilla).

The principle of solidarity underpins the relationship between autonomous communities.

The Statute of Autonomy is the fundamental institutional norm of each autonomous community.

Statutes of Autonomy: Essential Content

Statutes of Autonomy must include the following minimum elements:

1. The name of the community.
2. The limits of its territory.
3. The name of its own autonomous institutions.
4. The powers assumed by the community.

Key Institutions of Autonomous Communities

Legislative Branch: Regional Parliaments and Assemblies

The legislative bodies of Spain's autonomous communities include:

• Parliament of Andalucía
• Cortes de Aragón
• Parliament of Canarias
• Regional Assembly of Cantabria
• Cortes de Castilla-La Mancha
• Cortes de Castilla y León
• Parlament de Catalunya
• Assembly of Madrid
• Cortes de Navarra
• Cortes de Extremadura
• Parliament of Galicia
• Parliament of the Balearic Islands
• Parliament of La Rioja
• Basque Parliament (Eusko Legebiltzarra)
• Junta General del Principado de Asturias
• Regional Assembly of Murcia

Key functions of these assemblies are:

• Exercise legislative power.
• Control the actions of the Governing Council through interpellations and questions. They can also initiate votes of no confidence and motions of censure.
• Elect the President of the autonomous community.
• Approve regional budgets.
• Request constitutional challenges against state laws.
• Appoint senators representing the autonomous community.
• Elect the regional Ombudsman (Defensor del Pueblo).

Elections to these assemblies are universal, free, equal, direct, and secret.

Executive Branch: Governing Councils

The executive bodies of Spain's autonomous communities include:

• Junta de Andalucía
• Gobierno de Aragón
• Gobierno de Canarias
• Consejo de Gobierno de Cantabria
• Junta de Comunidades de Castilla-La Mancha
• Junta de Castilla y León
• Govern de Catalunya
• Consejo de Gobierno de Madrid
• Diputación Foral de Navarra
• Generalitat Valenciana (Consell)
• Junta de Extremadura
• Xunta de Galicia
• Govern de les Illes Balears
• Gobierno de La Rioja
• Basque Government (Eusko Jaurlaritza)
• Consejo de Gobierno de Asturias
• Consejo de Gobierno de Murcia

The executive branch is composed of the President, Vice-Presidents, and Counselors (ministers).

The President is elected by the Assembly and formally appointed by the King of Spain.

The executive branch is organized into ministries or departments (Consejerías).

Judicial Branch: Superior Courts of Justice

The highest judicial body at the regional level is the Superior Court of Justice.

These courts typically have chambers for Civil, Criminal, Social, and Administrative Disputes.

The Constitutional Court ensures the constitutionality of laws, including those enacted by autonomous communities.

Understanding Powers and Matters in Regional Governance

A matter refers to a policy area over which powers are exercised. Examples include: health, education, justice, and environment.

A power refers to the legislative and executive authority exercised over a specific subject.

Legislative power is the authority to enact laws and regulations, including developing state regulations.

Executive power is the authority to apply legal rules and carry out governmental activities. For example, issuing regulations on livestock (a specific matter) falls under executive power.

Categorization of Powers in Spain

Powers are categorized based on whether they relate entirely to the State or the Autonomous Region, or are shared:

Exclusive Powers of the State

These are powers listed in Article 149.1 of the Spanish Constitution, where no intervention by the autonomous communities is foreseen.

These powers traditionally encompass sovereign functions, such as justice, defense, borders, and general finances.

The State also exercises powers that are exclusive to autonomous communities but have not been assumed by them in their Statutes of Autonomy (Article 149.3).

Examples of State exclusive powers include:

• State-owned railways
• Airports
• State-owned highways
• Transfer of water between communities

Exclusive Powers of Autonomous Communities

These are powers provided in Article 148.1 of the Constitution, which do not foresee state intervention if assumed by the autonomous communities in their Statutes of Autonomy.

Shared Powers

These arise when the State and the autonomous communities share a common area but have distinct responsibilities, where interference is not allowed.

This involves the autonomous communities developing or implementing basic state laws and exclusive state legislation (e.g., Article 149.1/6.a, 7th, 8th, 18th), for example, in areas like civil law, criminal law, and labor law.

Concurrent Powers

These arise when the State and autonomous communities share the same subject, with both entities exercising different types of powers on a complementary basis.

Examples include the promotion of sport and tourism, culture and research, and health and hygiene.