1. Spanish Politics and Society Hispanic & European Studies Program Fall 2009 Raimundo Viejo Viñas Office 20.182 www.raimundoviejo.info raimundo.viejo@upf.edu

2. Institutions of Spanish Democracy, 1 The territorial structure of the Spanish State: The “State of Autonomies”

3. Historical Background  The Spanish State has changed several times its territorial structure.  During the Middle Ages, different kingdoms fought for control of the Iberian Peninsula. Through dynastic alliances, wars and other means, the Iberian kingdoms were gradually reduced in number.  In 1492 the arabian Kingdom of Granada was defeated by the Catholic Monarchs. Muslims were expelled from the Peninsula.

5. Historical Background  During the Spanish Empire, the State was organized in a “federal” way: different “Consejos” (Consejo de Castilla, Consejo de Aragón, Consejo de Indias...) were chaired by the emperor.  In the early eighteenth century, the Habsburg dynasty was defeated by the Bourbon dynasty. A phase of centralization began with a new law: the “Decretos de Nueva Planta” (1714)  This process of power centralization finished in 1834 with the reform of Javier de Burgos. Spain is divided into 50 provinces

7. Historical Background  The provinces were organized according to criteria of administrative rationality and forgetting the historical kingdoms.  In response to centralization, regionalist movements emerged in Catalonia, Galicia, and the Basque Country.  In 1873, a short-lived First Republic tried to organize the country into 15 regions, but it failed. Spain became a centrist monarchy again, with 50 provinces ruled directly from Madrid.  As a result of the new centralization, Catalan, Basque and Galician regionalisms intensified their demands and become stateless nationalisms

8. Historical Background  During the Second Republic (1931-1939) the “Statute of Autonomy” (regional “constitutions”) of Galicia, the Basque Country and Catalonia were adopted.  Decentralisation failed again and Franco restored the provincial model under his authoritarian rule.  After Franco's death begins the political regionalization and decentralization of the Spanish State. At the very beginning of the Transition, autonomous governments were established in Galicia, Catalonia, and the Basque Country (the so-called “Pre-autonomías”)

10. The State of Autonomies  Today, Spain is one of the most decentralised countries in Europe. After the failure of two republican attemps, now we are living the longest period of decentralized government in History.  The State is territorially organised in 17 “autonomous communities”: the 3 “historical nationalities” (Galicia, Catalonia, and the Basque Country) and the other 14 spanish regions.  But, even if Spain is a decentralised unitarian State, it is not a federal one. We can say that the Spanish State is a “federalising” political system, but it is not a fully-fledged “federation”.

11. The State of Autonomies  What’s federalism?  According to Daniel Elazar, Federalism means “self- rule plus shared-rule”. In this sense, Spain could be considered as a federal political system, as several political scientists do.  However, in a strict sense, federalism requires free independent states united in a federation. And this is certainly not the case for the Spanish State.  The territorial structure of the Spanish State is rather the complex, dynamic result of the transition pacts and their further development.

12. The State of Autonomies  Constitutionally speaking, Spain is not a federal state. There are not federal institutions like an upper chamber of territorial representation (only 44 of 252 senators represent their Autonomous Communities).  The Spanish Constitution of 1978 was the result of a bargaining process between different political forces. Spanish conservatives wanted to continue keeping the centralist model of the provinces. Stateless nationalists wanted more self-government or the independence. Socialists and Communists preferred a federal system.

13. The State of Autonomies  No political force was fully satisfied or completely against the Spanish Constitution.  However, in the Basque case, things got complicated: The Basque Nationalist Party (moderate catholic conservatives) did not vote for the constitution ETA opposed to the Spanish Constitution  As a result, the Spanish Constitution has an important lack of legitimacy in the Basque Country: it is the only Autonomous Community, where the “yes” to the Constitution was not majoritarian

14. The State of Autonomies  The Spanish State of Autonomies is a mixed model that results from combining: The 50 provinces created by Javier de Burgos. The recognition of 3 historical nationalities (Catalonia, Galicia, and the Basque Country), and 14 other second-rank regions. The perspective of a general decentralisation for the whole State.

15. The State of Autonomies  Political decentralisation of the State was never planified by anyone.  Decentralisation is rather the result of a changing balance between political forces: If a Spanish party (PP or PSOE) wins a majority, decentralization is slowing or stoped. For example between 1982 and 1993 (PSOE) or between 2000 and 2004 (PP) If no Spanish party wins a majority, it is forced to compromise with stateless nationalisms (decentralization accelerates). For example between 1978 and 1982 (UCD), between 1993 and 1996 (PSOE), between 1996 and 2000 (PP) and from 2004 until now

16. The State of Autonomies  All autonomous communities are organised under a common institutional framework Proportional representation One single chamber parliament Some separate powers (the so-called “competencias”) Some shared powers with the central government  The elections at the different levels of government are not-concurrent in Galicia, Catalonia and the Basque Country. For the rest, regional elections coincide with municipal elections.

17. The State of Autonomies  Spain is an asymmetrical State: it means that not all the territories have the same relation with the central government (for example, the Basque country is the only autonomous community that can collect all taxes)  The strong territorial asymmetries within the political system have provoked rivalry among the different Autonomous Communities.  Thus, decentralisation in Spain is a dynamic, unfinished process depending on party politics and electoral results.

18. The State of Autonomies  As Colomer says: “Decentralisation and territorial pluralism have developed in Spain by way of strategic competition between political parties, but against many of the factors intended to promote concentration of powers and unified government in the larger framework”  In recent times, some political scientists, intellectuals and politicians have signed a manifesto for a federal reform of Spain.  At the same time, the secessionist movement in Catalonia continues to grow