Constitutional and statutory framework Autonomous communities of Spain

1 constitutional , statutory framework

1.1 statute of autonomy
1.2 institutional organization
1.3 legal powers
1.4 degree of financial autonomy
1.5 spending
1.6 linguistic regimes
1.7 subdivisions
1.8 competences of autonomous governments

constitutional , statutory framework

the state of autonomies, established in article 2 of constitution, has been argued based on 4 principles: willingness accede autonomy, unity in diversity, autonomy not sovereignty of communities, , solidarity among them all. structure of autonomous communities determined both devolution allowed constitution , competences assumed in respective statutes of autonomy. while autonomic agreements , other laws have allowed equalization of communities, differences still remain.

the statute of autonomy

the statute of autonomy basic institutional law of autonomous community or city, recognized spanish constitution in article 147. approved parliamentary assembly representing community, , approved cortes generales, spanish parliament, through organic law , requiring favourable vote of absolute majority of congress of deputies.

for communities acceded autonomy through fast route , referendum required before can sanctioned parliament. statutes of autonomy must contain, @ least, name of community, territorial limits, names, organization , seat of institutions of government, competences assume , principles bilingual policy, if applicable.

the constitution establishes competences not explicitly assumed state—the central government—in constitution, can assumed autonomous community in statutes of autonomy; also, competences not explicitly assumed autonomous community in statutes of autonomy automatically assumed state. in case of conflict, constitution prevails. in case of disagreement, administration can bring case before constitutional court of spain.

institutional organization

all autonomous communities have parliamentary system based on division of powers comprising:

a legislative assembly, members elected universal suffrage according system of proportional representation, in areas integrate territory represented
a council of government, executive , administrative powers, headed prime minister, official title president , elected legislative assembly—usually leader of party or coalition majority in assembly—and nominated king of spain
a high court of justice, hierarchically under supreme court of spain


regional palace, seat of general junta, parliament of principality of asturias

the majority of communities have approved regional electoral laws within limits set laws entire country. despite minor differences, communities use proportional representation following d hondt method; members of regional parliaments elected four-year terms, president of community has faculty dissolve legislature , call elections. nonetheless in communities, exception of basque country, catalonia, galicia, , andalusia, elections celebrated last sunday of may every 4 years, concurrent municipal elections in spain.

the names of council of government , legislative assembly vary between communities. in autonomous communities, these institutions restored historical bodies of government or representation of previous kingdoms or regional entities within spanish crown—like generalitat of catalonia—while others entirely new creations.

in some, both executive , legislature, though constituting 2 separate institutions, collectively identified single specific name. should noted, though, specific denomination may not refer same branch of government in communities; example, junta may refer executive office in communities, legislature in others, or collective name of branches of government in others.

given ambiguity in constitution did not specify territories nationalities , regions, other territories, besides implicit 3 historical nationalities , have chosen identify nationalities, in accordance historical regional identity, such andalusia, aragon, balearic islands, canary islands, , valencian community.

the 2 autonomous cities have more limited competences autonomous communities, more other municipalities. executive exercised president, mayor of city. in same way, limited legislative power vested in local assembly in deputies city councillors.

legal powers

the autonomic agreements of 1982 , 1992 tried equalize powers (competences) devolved 17 autonomous communities, within limits of constitution , differences guaranteed it. has led asymmetrical homogeneity . in words of constitutional court of spain in ruling of august 5, 1983, autonomous communities characterized homogeneity , diversity...equal in subordination constitutional order, in principles of representation in senate, in legitimation before constitutional court, , in differences between distinct statutes [of autonomy] cannot imply economic or social privileges; however, can unequal respect process accede autonomy , concrete determination of autonomic content of statute, , therefore, in scope of competences. autonomic regime characterized equilibrium between homogeneity , diversity [...] without former there no unity or integration in state s ensemble; without latter, there not [a] true plurality , capacity of self-government .

an ertzaintza police car in basque country

the asymmetrical devolution unique characteristic of territorial structure of spain, in autonomous communities have different range of devolved competences. these based on has been called in spanish hechos diferenciales, differential facts or differential traits .

this expression refers idea communities have particular traits, respect spain whole. in practice these traits native language proper own territories separate spanish, particular financial regime or special civil rights expressed in code, generate distinct political personality. these hechos diferenciales of distinct political , historical personality constitutionally , statutorily (i.e., in statutes of autonomy) recognized in exceptions granted of them , additional competences assume.

competences can divided 3 groups: exclusive central state or central government, shared competences, , devolved competences exclusive communities. article 149 states powers exclusive central government: international relations, defense, administration of justice, commercial, criminal, civil, , labour legislation, customs, general finances , state debt, public health, basic legislation, , general coordination. autonomous communities have power manage own finances in way see fit, , responsible administration of education—school , universities—health , social services , cultural , urban development. yet there differences stipulated in statutes , constitution:

aragon, balearic islands, basque country, catalonia, galicia , valencian community have regional civil code
basque country, catalonia, , navarre have own police corps—the ertzaintza, mossos d esquadra , nafarroako foruzaingoa, respectively
the canary islands have special financial regime in virtue of location overseas territories, while basque country , navarre have distinct financial regime called chartered regime
the balearic islands, basque country, catalonia, galicia, navarre, , valencian community have co-official language , therefore distinct linguistic regime

degree of financial autonomy

how communities financed has been 1 of contentious aspects in relationship central government. constitution gave communities significant control on spending, central government retained effective control of revenue supply. is, central government still charge of levying , collecting taxes, redistributes autonomous communities aim of producing fiscal equalization . applies communities, exception of basque country , navarre.

this financial scheme known common regime . in essence, fiscal equalization implies richer communities become net contributors system, while poorer communities become net recipients. 2 largest net contributors system balearic islands , community of madrid, in percentage terms, or community of madrid , catalonia in absolute terms.

central government funding main source of revenue communities of common regime . redistribution, or transfer payments, given communities of common regime manage responsibilities have assumed. amount receive based upon several calculations include consideration population, land area, administrative units, dispersal of population, relative poverty, fiscal pressure , insularity. central government committed returning specific percentage of taxes communities common regime, within differences allowed fiscal equalization. communities of common regime have ability add surcharge so-called ceded taxes —taxes set @ central level, collected locally—and can lower or raise personal income taxes limit.

the basque country , navarre granted exception in fiscal , financial system through first additional disposition of constitution recognizes historical charters  —hence known communities of chartered regime or foral regime . through chartered regime , these communities allowed levy , collect so-called contracted taxes , including income tax , corporate tax, , have more flexibility lower or raise them. chartered or foral contract entails true financial autonomy.

since collect taxes, send central government pre-arranged amount known cupo, quota or aportación, contribution , , treaty whereby system recognized known concierto, treaty , or convenio, pact . hence said have concierto económico, economic treaty . since collect taxes , send prearranged amount central government competences exclusive state, not participate in fiscal equalization , in not receive money back.

spending

as more responsibilities have been assumed autonomous communities in areas such social welfare, health, , education, public expenditure patterns have seen shift central government towards communities since 1980s. in late 2000s, autonomous communities accounted 35% of public expenditure in spain, percentage higher of states within federation. no legal constraints balance budgets, , since central government retains control on fiscal revenue in communities of common regime, these in way encouraged build debt.

the council on fiscal , financial policy, includes representatives of central government , of autonomous communities, has become 1 of efficient institutions of coordination in matters of public expenditures , revenue. through council several agreements of financing have been agreed, limits communities public debt. organic law of financing of autonomous communities of 1988 requires communities obtain authorization of central ministry of finance issue public debt.

linguistic regimes

bilingual signs, showing names of city known pamplona in spanish , iruña in basque

the preamble constitution explicitly stated nation s protect spaniards , peoples of spain in exercise of human rights, cultures , traditions, languages , institutions . significant recognition not in differed drastically restrictive linguistic policies during franco era, because part of distinctiveness of historical nationalities lies on own regional languages. nation openly multilingual, in castilian—that is, spanish—is official language in territories, other spanish languages can official in respective communities, in accordance statutes of autonomy.

article 3 of constitution ends declaring richness of distinct linguistic modalities of spain represents patrimony object of special respect , protection. spanish remains official language of state; other languages co-official spanish in communities have regulated. in addition, knowledge of spanish language declared right , obligation of spaniards.

spanish legislation, notably in statutes of autonomy of bilingual communities, use term own language , or language proper community , refer language other spanish originated or had historical roots in particular territory. statutes of autonomy of respective autonomous communities have declared basque language proper basque country , navarre, catalan language proper catalonia, balearic islands , valencian community—where historically, traditionally , officially known valencian—and galician language proper galicia. there other protected regional languages in other autonomous communities. percentage of total population in spain, basque spoken 2%, catalan 17%, , galician 7% of spaniards.

subdivisions

the spanish constitution recognizes municipalities , guarantees autonomy. municipal, or city, councils in charge of municipalities government , administration, , integrated mayor , councillors, latter elected universal suffrage, , former elected either councillor or suffrage.

provinces groups of municipalities , recognized constitution. competences , institutions of government vary among communities. in communities have more 1 province, provinces governed provincial deputations or provincial councils , limited scope of administrative competences.

in basque country, provinces, renamed historical territories , governed chartered deputations —with assume competences of provincial deputation fiscal powers of chartered regime —and general juntas —parliaments legislative powers.

in canary islands , balearic islands, each major island governed insular council . in catalonia, provincial deputations have little power, other territorial subdivisions have been created.

in 7 autonomous communities formed single province, provincial deputations have been replaced communities institutions of government; in fact, provinces not coterminous communities, correspond in essence communities themselves. two-tier territorial organization common communities—first province, municipalities—is therefore non-existent in these uniprovincial communities.

the constitution allows creation of other territorial entities formed groups of municipalities. 1 of such territorial subdivision comarca (equivalent of district , shire or county ). while communities have unofficial historical, cultural or natural comarcas, in aragon , catalonia have been legally recognized territorial entities administrative powers (see comarcal councils).

competences of autonomous governments

the competences of autonomous communities not homogeneous. broadly competences divided exclusive , shared , executive . in cases autonomous community may have exclusive responsibility administration of policy area may have executive (i.e.,carries out) powers far policy concerned, meaning must enforce policy , laws decided @ national level.

cite error: there <ref group=lower-alpha> tags or {{efn}} templates on page, references not show without {{reflist|group=lower-alpha}} template or {{notelist}} template (see page).

cite error: there <ref group=lower-roman> tags or {{efn-lr}} templates on page, references not show without {{reflist|group=lower-roman}} template or {{notelist-lr}} template (see page).