Spain's Autonomous Communities: Structure and Powers

Spain's Right to Autonomy and Territorial Structure

The State is organized territorially into municipalities, provinces, and autonomous communities that are formed. All these entities enjoy autonomy in the management of their respective interests. The right to autonomy must be based on the principle of solidarity between autonomous communities. The State ensures the realization of this principle of solidarity, guaranteeing the establishment of an economic, appropriate, and fair balance between the various parts of Spanish territory. Spain has 17 autonomous communities and two autonomous cities: Ceuta and Melilla.

Autonomy Statutes: Core Regional Legal Norms

The autonomy statutes are the basic institutional norm of each Autonomous Community. They are State regulations with the rank of organic laws and can be regarded as a peculiar 'constitution' for each autonomous community, to which the remaining legal standards of the community are subordinate. Differences between the statutes of the Autonomous Communities may not imply any economic or social privileges. They must have the following minimum content:

• The name of the community.
• The delimitation of its territory.
• The description of its own autonomous institutions.
• The powers assumed.

Autonomous Institutions: Governance Framework

Article 152 of the Constitution provides for the institutional organization of autonomous communities, which is based on:

• A Legislative Assembly.
• A Governing Council.
• A Superior Court of Justice.

The president and council members shall be politically responsible before the Assembly.

Legislative Assembly: Election and Key Functions

The Legislative Assembly is elected every four years by universal, free, equal, direct, and secret suffrage, under a system that ensures the representation of the various areas within the territory of the Autonomous Community. The Assembly exercises legislative power, controls the political action of the Governing Council, chooses a president from among its members, and approves community budgets.

Governing Council: Executive and Regulatory Power

The Governing Council is responsible for exercising political and administrative functions, as well as regulatory authority. It is composed of the president and the ministers (or councillors) appointed by the president, each with sectoral responsibilities. The president of the Governing Council is elected by the Assembly from among its members and appointed by the King. The president directs the Council, holds the supreme representation of the autonomous community, and acts as the ordinary representative of the State within the community. Politically accountable, the president can be dismissed by the Assembly through a motion of censure.

High Court of Justice: Regional Judicial Apex

The High Court of Justice is the judicial body that heads the Judiciary within the territorial scope of the autonomous region. Its jurisdiction extends over the entire territory of the Autonomous Community.

Other Key Regional Bodies: Ombudsman and Accounts Court

The Ombudsman: In an autonomous community, the Ombudsman defends the rights and freedoms of citizens against possible abuses by the community's administration.

The Court of Accounts: Each autonomous community's Court of Accounts controls and reviews public expenditures and the accounting of the autonomous region.

Competencies in Autonomous Regions: Nature and Scope

Competence: This refers to the power exerted over a specific subject matter (e.g., adopting laws and regulations, developing State regulations, applying them, exercising executive power).

Subject Matters (Materials): These are the areas of action over which powers are exercised (e.g., health, justice, public policy, environment, education).

Types of Competencies: Exclusive, Shared, Concurrent

Competencies are classified as:

• Exclusive: (e.g., justice, defense, general administration).
• Shared: (e.g., civil, criminal, and labor law).
• Concurrent: (e.g., promotion of sport and tourism, promotion of culture and research, sanitation and hygiene).

Financing Mechanisms for Autonomous Communities

Autonomous communities are financed through:

• Taxes transferred totally or partially by the State.
• Their own tax rates and contributions.
• Transfers from the inter-territorial compensation fund.
• Other allocations from the State's general budget.
• Income from their assets.