Government of Spain
| Government of Spain | |
|---|---|
| Template:Lang-es Co-official languages | |
 Logo of the Government of Spain | |
| Role | Executive power |
| Established | January 15, 1834 |
| Country | Kingdom of Spain |
| Appointed by | Monarch |
| Main organ | Council of Ministers |
| Responsible to | Cortes Generales |
| Constitution instrument | Government Act of 1997 |
| Cabinet | |
| Members | Sánchez government |
| Prime Minister | Pedro Sánchez |
| Deputy Prime Minister | Carmen Calvo |
| 18 | |
| Administration | |
| Working language | Spanish |
| Staff organization | Ministries |
| Location | Madrid, Spain |
| Seat | Moncloa Palace (since 1977) |
| Website | Official website |
.svg) |
|---|
The Government of Spain (Template:Lang-es) is the central government which leads the executive branch and the General State Administration of the Kingdom of Spain. It is also commonly referred to as the Government of the Nation[1], or simply the Government.
The Government consists of the Prime Minister and the Ministers; the prime minister has the overall direction of the Ministers and can appoint or terminate their appointments freely and all of them belong to the supreme decision-making body, known as the Council of Ministers. The Government is responsible before the Parliament (Cortes Generales), and more precisely before the Congress of the Deputies, a body which elects the Prime Minister or dismisses him through a motion of censure. This is because Spain is a parliamentary system established by the Constitution of 1978.
Its fundamental regulation is placed in Title IV of the Constitution, as well as in Title V of that document, with respect to its relationship with the Cortes Generales, and in Law 50/1997, of November 27, of the Government. According to Article 97 of the Constitution and Article 1.1 of the Government Act, "the Government directs domestic and foreign policy, the civil and military administration and the defense of the State. It exercises the executive function and the regulatory regulation according to the Constitution and the laws".
The current prime minister is Pedro Sánchez, who took office on 2 June 2018.[2] He is the leader of the Socialist Workers' Party, the second biggest party in the Cortes Generales. Sánchez was appointed to lead the Government through a motion of no confidence against former prime minister Mariano Rajoy, who had filled that office since 2011. This was the first election of a prime minister via motion of no confidence in Spanish history.
The Government is occasionally referred to with the metonymy Moncloa, due to that the residence of the Prime Minister, the Palace of Moncloa, is also the headquarters of the Government.
Principles
The Government's performance is governed by the following operating principles:[3]
- Principle of presidential direction: The Prime Minister directs to the Ministers and can appoint or cease them freely.
- Principle of responsibility: The Prime Minister responds politically to the Congress of Deputies for the action of the Government. The eventual cessation of the Prime Minister implies the cessation of the Government.
- Principle of collegiality: The Government, understood as Council of Ministers, is a collegiate body composed of a plurality of members of the Government.
- Principle of solidarity: The Government responds in solidum for the action of each one of the members of the Government.
- Departmental principle: The members of the Government, as well as members of this collegiate body, are also the heads of the departmental bodies in charge of a more or less homogeneous area of competence.
Government in Parliament
Cortes Generales
The Kingdom of Spain is a constitutional monarchy in which executive decisions are made by the Government. More specifically, the Spanish Constitution describes Spain's form of government as "Monarquía parlamentaria,"[4] or parliamentary monarchy, in which the monarch acts as a moderator rather than a source of executory authority. Spain possesses an asymmetric bicameral parliament, called the "Cortes Generales," composed of the Congress of Deputies and the Senate. While both the Congress and Senate propose legislation, albeit by different procedural mechanisms, the Government has the right to be consulted for such proposals. The Government may also propose law directly. A Government-sponsored bill is known as a proyecto de ley, contrasting with a proposición de ley which is offered by a house of parliament.
Neither the prime minister nor the ministers need to be members of parliament,[5] but the Government must account to both the Senate and Congress every week in a parliamentary meeting known as a sesión de control (control session) (Part V § 108). Questioning minor-rank ministers, such as Secretaries of State or Under Secretaries, must be done in Parliamentary Committees.[6][7]While the prime minister is typically elected from the members of Congress, the current prime minister, Pedro Sánchez, is not a member of either chamber.[8]
Under the parliamentary system, the Government is required to maintain the confidence of the Congress of Deputies. In the absence of such confidence, the Government may fall or prove unable to pass legislation. There are two procedures to ascertain the Congress's confidence in the Government: the motion of no-confidence (Part V § 113), by which members of parliament can ask the Congress to rescind its confidence in the prime minister and to elect another, and the question of confidence (Part V § 112), by which the prime minister asks the Congress if it supports the Government's political programs generally or a specific piece of legislation. A loss by the Government in either case may result in the removal of the prime minister.
The Government and the Crown
The Spanish monarch, currently King Felipe VI, is the head of state and the commander-in-chief of the armed forces. Sometimes is also called sovereign, although it has not sovereignty. As a monarch of a parliamentary monarchy, the executive power does not belong to The Crown and is independent from it. The Constitution gives the monarch a symbolic role, but also a moderating role, being able to intervene if there is a conflict between the country's institutions (Part II § 56).
As commander-in-chief of the armed forces, former King Juan Carlos I suppressed the 23-F Spanish coup d'état attempt in February 1981, showing that the monarch has more power than the constitution grants him. The heir presumptive is Leonor, Princess of Asturias.
The Constitution also gives the monarch some powers known as Royal Prerogatives. These prerogatives range from the signing of international treaties, to declaring war and making peace or to dissolving the parliament. However, with the arrival of democracy, this prerrogatives has been regulated and most of them must to be countersigned by an official.
Even that the monarch is not part of the executive power, the prime minister has weekly meetings with him to inform him about the Government's activity and the King can express his opinion.[9] In the same sense, the monarch is normally invited to the first Council of Ministers of every new government (and others if the prime ministers wants to) and to the meetings of bodies such as the National Security Council or the National Defence Council.
The Royal prerogatives are:
Domestic powers
- The power to appoint and dismiss the prime minister. This power is exercised by the monarch himself. By convention he appoints the individual with most support of the Congress.
- The power to dismiss and appoint other ministers. This power is exercised by the monarch on the advice of the prime minister.
- The power to assent to and enact laws by giving Royal Assent to Bills passed by Parliament, which is required in order for a law to make it into alaw. This prerogative is exercised by the monarch but needs the countersigned of the prime minister. It's not constitutionally allowed to him to refuse to sign a law passed by Parliament.
- The power to assent to and enact norms with a lower rank than law. This prerogative is exercised by the monarch but needs the countersigned of the prime minister, a minister or the president of the Congress or the Senate (depending of the kind of norm).
- The power to call for a referendum. This is exercised with the countersigned of the prime minister after being requested by the Council of Ministers.[10]
- The power to command the Armed Forces of Spain. This prerogative is delegated into the prime minister and the minister of Defence.
- The power to give royal pardons, in Spain known as right of grace (derecho de gracia). This is exercised by the monarch but the decision to whom must to be pardon is delegated on the Minister of Justice and the Council of Ministers.
- The power to be informed of the affairs of State and chair over the sessions of the Council of Ministers. It's exercised after being requested by the prime minister.
- The power to grant civil and military jobs. This prerogative needs a Government's countersign.
- The power to appoint civil or military members of his private household.
- The power to use freely the budget of his household.
- The power to grant (and also to cancel and annul) honours.
- The power of high patronage of the Royal Academies.
- The power to grant sports teams, federations and other sports organizations the title of Real (Royal).
Foreign powers
- The power to ratify and make treaties.
- The power to declare war and conclude peace with other nations.
- The power to credit and receive diplomats.
Members
To see the current members, see Current government.
According to Article 98 of the Spanish Constitution and Article 1.2 of the Government Law, the Government of Spain is composed of:
- The Prime Minister.
- The Deputy Prime Minister or Deputy Prime Ministers (If there are more than one).
- The Ministers.
- Other members. There is the possibility of incorporating other figures into Government by law (such as Secretaries of State). However, this constitutional possibility has not yet been used.
Requirements
In accordance with article 11 of the Law of the Government, "to be a member of the Government it is required to be Spanish, adult, to enjoy the rights of active and passive suffrage, as well as not to be disabled to exercise employment or public office by sentence Judicial firm."[5]
Criminal privileges
The members of the Government enjoy their own criminal procedure so that they will only be tried by the Criminal Chamber of the Supreme Court.[11]
The initiation of a case for treason or against the security of the State can only respond to the initiative of a quarter of the Congress of Deputies, approved by an absolute majority thereof,[12] and can not be granted a pardon in such cases.[13]
Location
The prime minister office as well as the official headquarters of the Government are located in the Palace of Moncloa, in outside Madrid. The Council of Ministers meetings also take place here. In this palace is also the office of the deputy prime minister, the headquarters of the Ministry of the Presidency and the office of the Government's Spokesperson. Most of the government departments are located in the center of the city of Madrid, having each of them its own buildings. One of the most famous place where some ministries are located is the gubernamental complex of New Ministries.
Advisory bodies
The Spanish Government has two main advisory bodies:
- The Council of State, which advise the Government in legal matters and all the issues that does not correspond to the other advisory body.
- The Economic and Social Council, responsible for advising the Government in socioeconomic and labour matters.
Budget
The State General Budget is considered one of the most important legislations that a Government can pass. According to the Constitution, the Government is the only body that can make the Budget Bill, although is the parliament who must to accept it, reject it or to propose modifications.
Devolved Governments
Since the approval of the Constitution of 1978, Spain was established as a decentralized unitary country which grants its regions a high grade of autonomy. The first two regions to get its autonomy where the autonomous communties of the Basque Country and Catalonia in 1979. In 1981, four regions get its autonomy, being Andalusia, Asturias, Cantabria and Galicia. A year later, 7 regions more were granted their autonomy: Aragon, Canary Islands, Castile-La Mancha, Navarre, Murcia and La Rioja. The last four regions to get their autonomy were the Balearic Islands, Castile and León, Extremadura and Madrid, all of them in 1983.
The Constitution also grants the autonomous cities of Ceuta and Melilla autonomy, which they got in 1995. The Constitution also gives them the posibility to become in a full autonomous community, but until today these cities didn't ask for this clause.
Previous Legislations
Prime Ministers of Spain since the Spanish transition to democracy
Current Government
The Council of Ministers was structured into the Prime Minister, the Deputy Prime Minister, 17 ministries and the post of Spokesperson of the Government.[14]
Logo
Shown here is the official logo of the Government of Spain. On the left are the EU and the Spanish flags and in the centre is the coat of arms of Spain and the words Gobierno de España (in English: "Government of Spain").
References
- ^ Article 24 of the Government Act of 1997. In its sentences about competences, the Constitutional Court use the term "Government of the Nation" (it can be saw it at BOE).
- ^ "Socialist Sánchez sworn in as Spain's PM". BBC News. 2 June 2018. Retrieved 16 November 2018.
- ^ "Government Act of 1997 - Preamble". boe.es. Retrieved 5 December 2018.
- ^ https://www.boe.es/legislacion/documentos/ConstitucionCASTELLANO.pdf, Article 1, Part 3.
- ^ a b "Government Act of 1997 - Article 11". boe.es (in Spanish). Retrieved 15 November 2018.
{{cite web}}: Cite has empty unknown parameter:|dead-url=(help) - ^ "Standing Orders of the Congress - Article 189" (PDF). www.boe.es. Retrieved 15 November 2018.
{{cite web}}: Cite has empty unknown parameter:|dead-url=(help) - ^ "Standing Orders of the Senate - Article 168". www.boe.es (in Spanish). Retrieved 15 November 2018.
{{cite web}}: Cite has empty unknown parameter:|dead-url=(help) - ^ "Socialist Sánchez sworn in as Spain's PM". BBC News. 2 June 2018. Retrieved 15 November 2018.
- ^ La Moncloa (16 July 2018), El Rey y el presidente mantienen su despacho semanal, retrieved 15 November 2018
- ^ "Referendum Act of 1980". www.boe.es (in Spanish). Retrieved 15 November 2018.
- ^ Article 102.1 of the Spanish Constitution
- ^ Article 102.2 of the Spanish Constitution
- ^ Article 102.3 of the Spanish Constitution
- ^ "Real Decreto 355/2018, de 6 de junio, por el que se reestructuran los departamentos ministeriales" (pdf). Boletín Oficial del Estado (in Spanish) (138). Agencia Estatal Boletín Oficial del Estado: 58722–58727. 7 June 2018. ISSN 0212-033X.
- ^ "Real Decreto 354/2018, de 1 de junio, por el que se nombra Presidente del Gobierno a don Pedro Sánchez Pérez-Castejón" (pdf). Boletín Oficial del Estado (in Spanish) (134). Agencia Estatal Boletín Oficial del Estado: 57657. 2 June 2018. ISSN 0212-033X.
- ^ "Real Decreto 356/2018, de 6 de junio, por el que se nombra Vicepresidenta del Gobierno a doña María del Carmen Calvo Poyato" (pdf). Boletín Oficial del Estado (in Spanish) (138). Agencia Estatal Boletín Oficial del Estado: 58728. 7 June 2018. ISSN 0212-033X.
- ^ a b c d e f g h i j k l m n o p q "Real Decreto 357/2018, de 6 de junio, por el que se nombran Ministros del Gobierno" (pdf). Boletín Oficial del Estado (in Spanish) (138). Agencia Estatal Boletín Oficial del Estado: 58729. 7 June 2018. ISSN 0212-033X.
- ^ "Real Decreto 358/2018, de 6 de junio, por el que se dispone que doña María Isabel Celaá Diéguez, Ministra de Educación y Formación Profesional, asuma las funciones de Portavoz del Gobierno" (pdf). Boletín Oficial del Estado (in Spanish) (138). Agencia Estatal Boletín Oficial del Estado: 58729. 7 June 2018. ISSN 0212-033X.
- ^ Redacción (14 June 2018). "José Guirao, nuevo Ministro de Cultura y de Deporte tras la dimisión de Màxim Huerta". La Vanguardia (in Spanish). Retrieved 14 June 2018.
- ^ "Real Decreto 1161/2018, de 11 de septiembre, por el que se nombra Ministra de Sanidad, Consumo y Bienestar Social a doña María Luisa Carcedo Roces" (pdf). Boletín Oficial del Estado (in Spanish) (221). Agencia Estatal Boletín Oficial del Estado: 88306. 12 September 2018. ISSN 0212-033X.
External links
