Spanish Territorial Model PDF

## El Modelo Territorial del Estado Español ### 1. El modelo territorial - The Spanish state is organized based on a **territorial model**, which defines its administrative, geographic, and political boundaries. - The **Spanish Constitution** establishes the framework for this model, with no clear...

## El Modelo Territorial del Estado Español ### 1. El modelo territorial - The Spanish state is organized based on a **territorial model**, which defines its administrative, geographic, and political boundaries. - The **Spanish Constitution** establishes the framework for this model, with no clear definition of its specific type. ### 1.1 Modelos Territoriales **Traditional models of territorial organization:** | Model | Description | Examples | |---|---|---| | Central states | Power is centralized in the national government, with limited autonomy for local and regional entities. | Vatican City, Monaco, Italy, United Kingdom, France | | Regionalized states | Regions have some autonomy granted by the central government. | Germany, Spain | | Federal states | Power is shared between the national and regional governments, with each level having its own jurisdiction. | United States, Switzerland | | Confederations | States maintain a high level of independence and sovereignty while cooperating within a federation. | Kingdom of Denmark: Denmark, Greenland, Faroe Islands | ### 1.2 Modelo Español and its principles - The **Spanish Constitution** establishes a model of territorial organization based on: - **Indivisible unity of the Spanish Nation**, recognizing and guaranteeing the right to autonomy of the nationalities and regions that comprise it. - **Solidarity** between the different regions, ensuring that they support each other and share resources. - **Constitutionality**, ensuring all actions, decisions, etc., of the territorial entities comply with the Constitution. - **Autonomy**, granting autonomy to territorial entities in specific areas and matters. - **Unity**, while allowing for autonomy at the regional level, ensuring the overall unity of the Spanish nation. - **Solidarity**, demanding mutual support and cooperation between regions, particularly when resources are scarce. - **Cooperation**, encouraging cooperation between territories to promote common good through the signing of agreements. - **No-federability**, rejecting the establishment of a federal system. - **Freedom**, garanteeing the right to autonomy in the management of affairs, and ensuring that all citizens enjoy the same rights and freedoms throughout Spain, regardless of their place of residence. - **Diversity**, recognizing the historical and cultural differences between territories and ensuring protection for islands. ### 1.3 Concepto de Autonomía - The **concept of autonomy** varies depending on the level of governance: - **State:** Holds sovereignty. - **Autonomous Communities:** Have political, normative, administrative, and financial autonomy. - **Provinces and Municipalities:** Have administrative autonomy in specific matters. ### 2. Las Comunidades Autónomas - **Autonomous Communities** are territorial entities composed of one or several provinces, with a degree of self-government defined by the Constitution. - **Access to autonomy:** This process is voluntary, but the Constitution establishes rules for its implementation: - **Provinces**: adjacent provinces with similar historical, cultural, and economic characteristics, insular territories, and those with historical regional identity can access autonomy. - **Two speed levels:** "slow" for those who need to wait 5 years to access all competencies, and "fast". - **Article 143** regulates entry into autonomy through a gradual process. - **Article 144** allows for exceptional circumstances and direct attribution of competencies to territories by the state. - **Article 151** implements accelerated entry for areas with a higher degree of self-government, allowing for the direct acquisition of competencies. ### 2.1 El Proceso Autonómico - **The autonomous process** involves: - The initiative comes from the interested provincial governments, or two-thirds of the municipalities representing the majority of the population in each province. - **Six months** are given to fulfill this procedure. ### 2.2 El Estatuto de Autonomía - The **Statute of Autonomy** is the basic legal document that governs each community: - It is recognized and protected by the Spanish state. - It is approved by the Spanish Parliament through an **organic law**. - The Statute defines the community's **historical identity, territory**, organization, and competencies. - The transfer of competencies from the central government occurs through **organic laws**. - The Statute represents the regional constitution, but is subject to the overall Spanish Constitution. ### 2.3 Las Competencias - **Competencies** demonstrate the autonomy communities have in managing their affairs: - **Exclusive competencies**: defined in **Article 148** of the Constitution, they represent the fundamental areas of autonomy. - **Exclusive state competencies**: outlined in **Article 149** of the Constitution, with certain exceptions that allow for the intervention of autonomous communities. - **Non-exclusive state competencies**: autonomous communities can assume these after approval from the Spanish Parliament through their Statue of Autonomy. - **Transferred competencies**: established through **organic laws** to transfer state competencies to the autonomous communities, with specific guidelines and limitations. ### 2.4 Órganos de Gobierno - Each community has three main organs of government: - **Legislative Assembly**: elected by universal, equal, free, secret, and direct suffrage, responsible for legislation, budget approval, oversight of the government, election of its president, and other duties outlined in its Statute. - **Government Council**: headed by a president elected by the legislative assembly, appointed by the king, with vice-presidents and councilors, responsible for executive and administrative tasks. - **Superior Court of Justice**: part of the unified Spanish judicial system representing justice in the autonomous community. ### 2.5 Financiación - The **autonomy of the communities** extends to their finances, with the Constitution mentioning two guiding principles: - **Coordination with state finances**: autonomous communities are subject to state laws and regulations regarding funding. - **Solidarity**: ensures that all territories are supported and that financial gaps are addressed through the transfer of funds and resources. ### 2.5.1 Modes of Financing: - **Common financing**: established by the **Organic Law on the Financing of Autonomous Communities (LOFCA)**, with limitations on their autonomy and a focus on managing expenses. - **Special financing**: autonomies like the Canary Islands, Ceuta, and Melilla have special financing arrangements. - **Foral or economic concert**: used by the Basque Country and Navarre, allowing them to independently manage their incomes, while contributing to the state's coffers through a "cupo" system based on their needs. ### 2.5.2 Resources of the Autonomous Communities: - **Own income**: consists of: - Income from private property and other sources. - Taxes and levies. - Share in taxes and levies distributed by the State. - Participation in funds like the Guarantee Fund for Essential Public Services, the Fee Fund, and other resources detailed in state legislation. ### 2.5.3 Limitations: - **The autonomous communities are subject to:** - Restrictions on income generation to avoid financial or social disparity among them. - Guaranteeing balanced economic growth across Spain through financial and economic sustainability. ### 2.5.4 Resources for the Autonomous Communities: - **Financial resources** come from: - Taxes and levies. - Specific funds for investment, economic and social development, and cohesion. - Transfers from the state. ### 2.6 Control - The Spanish state has several mechanisms for ensuring the correct functioning of autonomous communities: - **Constitutional control**: exercised by the Constitutional Court. - **Administrative control**: exercised by the Court of Auditors. - **Parliamentary control**: exercised by the state's Parliament. - **Internal control**: mediated by the community's itself through mechanisms such as internal audits and other bodies outlined in its Statute. - **Article 155 of the Constitution**: allows the central government to intervene when an autonomous community violates the state's fundamental principles or gravely disrupts the functioning of its institutions. ### 3. Las Provincias - **Provinces** are local entities with legal personality, composed of a group of municipalities: - **Ordinary system**: The Spanish provinces are governed by **Diputación Provincial**: an elected body with a president and vice-presidents, responsible for managing services, promoting economic and social development, and supporting municipalities. - **Uniprovincial autonomous communities**: In certain regions (Madrid, Murcia, Asturias, La Rioja, Cantabria, Navarre), provincial competencies are assumed by the autonomous community government. - **Autonomous cities**: In Ceuta and Melilla, the autonomous government directly manages the affairs of the city. - **Special system**: The Basque Country has its own local government, with provincial responsibilities managed by "foral" entities. - **Canary Islands and Balearic Islands**: the "Cabildos Insulares" (island councils) manage provincial affairs. ### 3.1 Organización - Within the ordinary system: - **Provincial Deputation**: has a "Plenary Assembly", responsible for organizational matters, approving bylaws and budgets, as well as a "Government Board", responsible for directing and administering province affairs. - **President**: elected from among deputies, serves as government leader and acts as a representative of the province. ### 3.2 Competencias - Provincial **competencies** include: - **Own competencies**: mostly concern coordination and support for municipalities. - **Delegated competencies**: received from the state or autonomous communities to ensure the efficient provision of services and avoid duplication. ### 3.3 Financiación - The **financing of provincial services** is outlined in **Article 2.1 of the Local Finance Law**: - Funds are raised via: - Own income - proprietary resources, taxes, and levies. - Shared taxes from state and regional levels. - Grants. - Public service charges. - Loans. - Other legal sources of income. ### 4. Los Municipios - The **municipality** is the basic territorial unit, with legal personality, managing its affairs according to its established functions and objectives. - **Terms to consider**: - **Municipal District**: The area under the jurisdiction of the city council. - **Population**: The total number of residents registered in the city's census. ### 4.1 Organización - The **municipal government**: - **City Council**: Consists of an elected mayor and councilors. - **Open Council**: in smaller municipalities, the government is composed of the mayor and a neighborhood council. - **Mayor**: elected by the council, heads the administration. - **Councilors**: elected by the municipality's population. - **Deputy Mayors**: appointed by the mayor, act in their absence. - **Plenary Assembly**: composed of all councilors, responsible for approving bylaws and budgets, overseeing the administration, and other duties. - **Special Committees**: exist for specific purposes like finance and local development. - **Local Government Board**: advises the mayor and is composed of the mayor and a limited number of councilors. - **Special Commission for Suggestions and Claims**: defends the community's interests and acts as a conduit for communicating concerns to the city council. ### 4.2 Competencias - **Municipal competencies** are defined in **Article 25 and subsequent articles in the Local Government Law**: - **Own competencies**: include: - Planning, urban planning and municipal infrastructure. - Basic services such as water supply, sanitation, waste collection, street lighting, public transportation, and street maintenance. - Local policing, disaster response, and fire protection. - Community management and social assistance. - Cultural, sports, and recreation programs. - Tourism promotion. - **Delegated competencies**: received from the state and autonomous communities, enhancing coverage and efficiency in service delivery. ### 4.3 Financiación - The **financing of municipal services** is regulated by **Article 2.1 of the Local Finance Law**: - Funding is raised via: - **Taxes**: Fees for specific services like education, sanitation, and transportation. - **Special contributions**: Payments for benefits accruing to individuals or for specific projects like infrastructure improvements. - **Taxes**: General levies imposed without direct compensation for specific services. ### 4. 4 Otras Entidades Locales - **The Law allows for the establishment of local entities, based on the voluntary cooperation of municipalities, with the approval of the autonomous communities and the state.** - **Types**: - **Comarcas**: Combine several municipalities with shared service delivery and management. - **Metropolitan Areas**: Combine urban areas with strong economic, social, and infrastructure ties. - **Consortiums**: Formed by municipalities to collaboratively implement projects or deliver services. - **Inframunicipal Entities**: formed within the main urban center of a municipality to operate services more independently. ### 5. Conclusion - The Spanish model of territorial organization is complex, balancing central control with regional autonomy. The different levels of government, each with its specific competencies and resources, have contributed to the development of a multi-faceted nation. - This model constantly evolves, with the balance of powers between different levels of government continuously being assessed and redefined to address the changing needs and aspirations of the Spanish people.