Spanish Constitution and Autonomous Regions

6) State Structure and the "First Device"

The Spanish Constitution (EC) in its Article 2 does not establish a definitive model of the state structure but is limited to establishing basic elements, allowing great flexibility in shaping the state model that has been shaped through the adoption of different Statutes of Autonomy.

The lack of definition of a closed state model shows that the EC does not determine whether the state should be formed by regions, how many, or which ones, nor what territory. Article 152 simply outlines its internal organization.

The constitutional uncertainty on these issues and the ability of the constituted territories to form new regional governments, while respecting constitutional limits, is what is called the "first device".

7) Principle Applied to Autonomous Rights

The ability of the constituted territories to form new regional governments, while respecting constitutional limits.

8) Key Principles Derived from the Constitution and Law

• Principle of Unity of the State: As stated in the EC in its Article 2, it is based on the indissoluble Spanish nation. The state includes all territory, occupying a position of superiority over the entities within it. The state possesses sovereignty, political unity, legal unity, and economic unity.
• Principle of Autonomy: Institutional recognition guaranteed by the proclamation of the indissoluble unity of the Spanish nation, the right to autonomy of the nationalities and regions that comprise it, is closely linked to the "first device". Autonomy is not sovereignty; it corresponds to the Statutes of Autonomy to determine its scope. The scope of autonomy cannot be altered unilaterally by the State, unless laws are used for its deprivation.
• Principle of Institutional Loyalty and Solidarity: Law 30/1992, Article 4, states that authorities are related according to the principle of institutional loyalty and, therefore, must respect the legitimate exercise of powers by other administrations. In the exercise of their own powers, they must consider all the public interest involved. The principle of solidarity is a mechanism for levelling socioeconomic conditions and refers both to the territories and citizens.
• Principles of Coordination, Cooperation, and Collaboration: These principles establish channels of communication between the various state administrations. Coordination aims at integrating the various parts into the whole. Coordination avoids contradictions and must be understood as explained in Decision 42/1983 TC. The Principle of Cooperation is the provision of aid to the management capabilities of another entity, such as economic, technical, and administrative cooperation. The principle of collaboration is the joint exercise of powers where each of the entities combines their activities in order to optimize results.