Understanding Autonomy in Spanish Communities: A Detailed Analysis

Distinguishing Between First and Second Grade Communities

The terms "first grade" and "second grade" communities refer to the level of autonomy granted, also known as full autonomy or gradual autonomy, respectively. Full autonomy is rooted in Article 151 of the Spanish Constitution (SC), while gradual autonomy is regulated in Article 143.

Full Autonomy (Article 151 SC)

Article 151 of the SC provides the following in Section 1:

"It is not necessary to wait five years, referred to in paragraph 2 of Article 148, when the initiative for the autonomy process is agreed within the scope of Article 143.2, as well as by the Provincial Councils or corresponding inter-island bodies, by three-quarters of the municipalities in each of the affected provinces representing at least the majority of the electorate of each, and said initiative is ratified by referendum by the affirmative vote of an absolute majority of voters in each province, in the terms established by an organic law."

Gradual Autonomy (Article 143 SC)

Article 143 of the SC outlines the process for gradual autonomy in paragraphs 2 and 3:

Section 2: "The initiative for the autonomy process corresponds to all the Provincial Councils concerned or to the corresponding inter-island body and to two-thirds of the municipalities whose population represents at least the majority of the electorate of each province or island. These requirements must be met within six months from the first agreement adopted to that effect by any of the local Corporations concerned."

Section 3: "The initiative, if unsuccessful, may only be repeated after five years."

Summary of Differences

To summarize, the process for Autonomous Communities (CCAA) under Article 151 and the Second Transitory Provision is more complex. Pre-autonomous entities submit a project to a congressional committee. If approved, it is submitted to a referendum. If approved in the referendum, Parliament ratifies it.

Following the path of Article 143, the initiative for the autonomy process was based on pre-autonomous bodies or county councils. In this process, the bill is sent to Parliament and approved by them without the need for a referendum. It is subsequently approved by law.

Legislative Assemblies (Article 152 SC)

Article 152 provides that the CCAA that accessed autonomy by virtue of Article 151 must include in their Statute an institution called the Legislative Assembly. These assemblies were competent to make laws. All statutes of autonomy, including those that accessed it by means of Article 151, contained the same executive powers.

The Nature and Characteristics of the Statute of Autonomy

The Statutes of Autonomy are sui generis legal rules, as they have a double dimension: on one hand, they are the basic institutional norm of each Autonomous Community, and on the other hand, they are part of the state legal system.

They are characterized by the following:

• They are subject to the Spanish Constitution, from which their legal legitimacy derives.
• They are approved by Organic Law, which does not mean that they are an ordinary law.
• The laws approved by the Autonomous Communities must be subject to their respective Statutes of Autonomy, in addition to the Spanish Constitution.