Spanish Constitution: Regional Autonomy and National Unity

Understanding Spanish Autonomy and National Unity

Section 2: The unity of the nation is a fundamental fact, considered to exist prior to the Constitution and therefore unchangeable. Article 1.2 defines our sovereignty and national levels. This article is a remarkable and somewhat redundant expression of the tension between centralist, autonomist, and federalist forces. It is the only instance where the Constitution recognizes and guarantees the right of regions and nationalities to constitute themselves as Autonomous Communities. The Constitution manages the radical concept of a single nation, thus establishing a single state. This article is further developed by Title VIII, Chapter 3.

Article 143.1: Establishing Autonomous Communities

Article 143.1 sets forth the objective elements required for a territory to be established as an Autonomous Community. These conditions are defined with deliberately vague terms, allowing for multiple interpretations:

• Provinces with common historical, cultural, and economic characteristics that border each other.
• Island territories, where an entire archipelago forms a single Autonomous Community.
• A single province possessing historical regional status.

Article 144: Exceptions and National Interest

Article 144 provides exceptions to the aforementioned criteria. The courts, citing grounds of national interest (another undefined term), may permit:

• A province lacking historical regional status to constitute itself as an Autonomous Community (as seen with Madrid).
• Statutes of Autonomy for territories not integrated into the provincial organization. This means a district that does not wish to join the rest could potentially form its own entity, although this has never been implemented, despite a tentative attempt to include the people of La Franja.

Article 143.2: Subjective Requirements for Autonomy

Article 143.2 outlines the subjective elements necessary for establishing an Autonomous Community. These include:

• Approval by two-thirds of the municipalities (communes).
• A population representing at least 50% plus one of the electorate within those municipalities.
• The involvement of the County (Diputación Provincial), administrative bodies present in most provinces. These bodies consist of provincial deputies, appointed by political parties, and are the first to vote on the initiative to become an autonomous region.

Article 144.c: Parliamentary Exception

Article 144.c presents an exception where Parliament can convene the vote of the County, thus making the County's vote unnecessary.

Transitional Provisions for Autonomy

According to the first transitional provision, in areas that already possessed an autonomic body during the Transition period, the vote of the Provincial Council is also unnecessary.

The second transitional provision applies only to territories that, during the Second Republic, had endorsed an autonomous status and possessed an autonomic regime that would manifest as an Autonomous Community. This provision is invalidated by the vote of the county council, city councils, and a referendum.