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67-602: The range forms the boundary between the autonomous communities of Galicia and Castile and León . The highest point of the range is the Cuiña Peak at 1,987 metres (6,519 ft). Other notable peaks are Mustallar (1,935 m) and Miravalles (1,969 m). The smaller Serra do Courel lies south of this range, stretching parallel to it. The main trees in the range are willow and European alder close to water courses, as well as chestnut , ash , common hazel , oak and common holly . Above 1,600 metres (5,200 ft) there

134-548: A federation , even though in many respects the country can be compared to countries which are undeniably federal. The unique resulting system is referred to as "Autonomous state", or more precisely "State of Autonomies". With the implementation of the Autonomous Communities, Spain went from being one of the most centralized countries in the OECD to being one of the most decentralized; in particular, it has been

201-563: A "Statute of Autonomy" during the Second Spanish Republic (1931–1936). Otherwise, the constitution required the approval of three-fourths of the municipalities involved whose population would be at least the majority of the electoral census of each province, and required the ratification through a referendum with the affirmative vote of the absolute majority of the electoral census of each province (that is, of all registered citizens, not only of those who would vote). While

268-621: A Spanish victim was involved. In 2005, a challenge before the Court was presented denouncing the Same-sex Marriage Act of 2005 arguing that the Constitution says that «men and women have the right to marry with full legal equality» and this did not allow same-sex marriages. In 2012, after seven years of study, the Court ruled that the Constitution allows same-sex marriages because the social concept of marriage had evolved so

335-461: A co-official language in Catalonia, making it the only autonomous community whose name has three official variants (Spanish: Cataluña , Catalan: Catalunya , Occitan: Catalonha ). PP (Since July 2024) PP (Since July 2024) PP (Since July 2024) PP (Since July 2024) PP (Since July 2024) RA: Regionally Appointed DE: Directly Elected DE: Directly Elected Spain

402-772: A critical role in Spain's political and social development. It also may rule on the constitutionality of international treaties before they are ratified, if requested to do so by the Government, the Congress of Deputies , or the Senate . The abstract review request, that the court determine the constitutionality of a law, can be brought by the Prime Minister , the Ombudsman , fifty members of congress, fifty senators,

469-704: A federal system in all but name, or a "federation without federalism". The official names of the autonomous communities can be in Spanish only (which applies to the majority of them), in the co-official language in the community only (as in the Valencian Community and the Balearic Islands), or in both Spanish and the co-official language (as in the Basque Country, Navarre and Galicia). Since 2006, Occitan —in its Aranese dialect —is also

536-590: A lot of the work of the Court is broadly detached from any major partisan-political stakes. In 2005, the court ruled that the Spanish judicial system could handle cases concerning crimes against humanity , such as genocide , regardless of whether Spanish citizens were involved or directly affected . In this instance, it reversed the decision made by the Supreme Court in the same case, which held that such cases could be brought before Spanish courts only if

603-555: A post in a political party or a representative position. Amongst and by the justices of the Court, a President is elected for a three-year term, who is assisted by a Vice President, who is also justice, and a secretary-general, that is the responsible for overseeing the staff of the court. The Constitutional Court consists of a president, currently Cándido Conde-Pumpido , the vice president, currently Inmaculada Montalbán Huertas and ten justices (who can be judges or jurists with relevant experience). Any previously appointed justice of

670-409: A provisional period of 5 years, after which they could assume further powers, upon negotiation with the central government. However, the constitution did not explicitly establish an institutional framework for these communities. They could have established a parliamentary system like the "historical nationalities", or they could have not assumed any legislative powers and simply established mechanisms for

737-598: A uniform decentralization of entities with the same powers and an asymmetrical structure that would distinguish the nationalities. Peripheral nationalist parties wanted a multinational state with a federal or confederal model, whereas the governing Union of the Democratic Centre (UCD) and the People's Alliance (AP) wanted minimum decentralization; the Spanish Socialist Workers' Party (PSOE)

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804-703: A variety of local customs, laws, languages and currencies until the mid 19th century. From the 18th century onwards, the Bourbon kings and the government tried to establish a more centralized regime. Leading figures of the Spanish Enlightenment advocated for the building of a Spanish nation beyond the internal territorial boundaries. This culminated in 1833, when Spain was divided into 49 (now 50) provinces , which served mostly as transmission belts for policies developed in Madrid. Spanish history since

871-405: Is brushland with tree heath and juniper . This area of Spain contains many isolated rural communities that were largely cut off from the outside world until roads were built in the mid 20th century. The most significant element of the whole architecture of the area is the palloza or casa teito , stone buildings of ancient origin, with a circular or elliptical plan. Sierra de los Ancares

938-555: Is a diverse country made up of several different regions with varying economic and social structures, as well as different languages and historical, political and cultural traditions. While the entire Spanish territory was united under one crown in 1479, this was not a process of national homogenization or amalgamation. The constituent territories—be they crowns, kingdoms, principalities or dominions—retained much of their former institutional existence, including limited legislative, judicial or fiscal autonomy. These territories also exhibited

1005-628: Is the supreme interpreter of the Spanish Constitution , with the power to determine the constitutionality of acts and statutes made by any public body, central, regional, or local in Spain. It is defined in Part IX (sections 159 through 165) of the Constitution of Spain, and further governed by Organic Laws 2/1979 (Law of the Constitutional Court of 3 October 1979), 8/1984, 4/1985, 6/1988, 7/1999 and 1/2000. The Court

1072-719: Is the "supreme interpreter" of the Constitution, but since the Court is not a part of the Spanish Judiciary , the Supreme Court is the highest court for all judicial matters. The Court was established along the lines of the Kelsenian model of constitutional justice, also called the European Model because it has been adopted by most European countries. Unlike the main alternative, the American model,

1139-605: Is the name of a Site of Community Importance in the province of León . Os Ancares Lucenses y Montes de Cervantes, Navia y Becerrea was declared a UNESCO Biosphere Reserve in 2006. Los Ancares Leoneses is also a biosphere reserve. Autonomous community Spanish : comunidad autónoma Aragonese : comunidat autonoma Asturian : comunidá autónoma Basque : autonomia erkidegoa Catalan : comunitat autònoma Galician : comunidade autónoma Occitan : comunautat autonòma The autonomous communities ( Spanish : comunidad autónoma ) are

1206-495: Is unique but has not saved the Court from alleged politicisation or accusations of activism. Justices are formally appointed by the King . The Constitution sets a minimum standard of fifteen years of experience in fields related to jurisprudence, including "magistrates and prosecutors, university professors, public officials and lawyers," and must not contemporaneously hold a position that may detract from their independence, such as

1273-491: Is vested in the nation as a whole, represented in the central institutions of government, the nation has, to varying degrees, devolved power to the communities. This unique framework of territorial administration has been labeled by the Constitutional Court as the "State of Autonomous Communities", to avoid implying either a unitary or federal model. Some scholars have referred to the resulting system as

1340-634: The Generalitat , Catalonia's mediaeval institution of government, was restored. The constitution of 1931 envisaged a territorial division for all Spain in "autonomous regions", which was never fully attained—only Catalonia , the Basque Country and Galicia had approved " Statutes of Autonomy "—the process being thwarted by the Spanish Civil War that broke out in 1936, and the victory of the rebel Nationalist forces under Francisco Franco . During General Franco's dictatorial regime , centralism

1407-408: The constitutionality of laws, acts, or regulations set forth by the national or the regional parliaments. The Court has the power to settle conflicts of jurisdiction between the central and the regional governments. Because many of the constitutional provisions pertaining to autonomy questions are ambiguous and sometimes contradictory, it had been suggested from the outset that the Court would play

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1474-461: The "nationalities". After a massive rally in support of autonomy, a referendum was organized for Andalusia to attain autonomy through the strict requirements of article 151, or the "fast route"—with UCD calling for abstention, and the main party in opposition in Parliament, the Spanish Socialist Workers' Party (PSOE) calling for a vote in favour. These requirements were not met, as in one of

1541-479: The "norm", was established in article 143. This route could be taken—via the first transitory disposition—by the "pre-autonomic regimes" that had been constituted in 1978, while the constitution was still being drafted, if approved by two-thirds of all municipalities involved whose population would sum up to at least the majority of the electoral census of each province or insular territory. These communities would assume limited powers ( Spanish : competencias ) during

1608-562: The "pre-autonomic regime" of Castile and León—were granted autonomy as single provinces with historical identity, a move supported by the majority of their populations. The "autonomic pacts" give both Cantabria and La Rioja the option of being incorporated into Castile and León in the future, and required that the Statutes of Autonomy of all three communities include such a provision. León, a historical kingdom and historical region of Spain, once joined to Old Castile to form Castile and León,

1675-467: The Canary Islands in that, although they took the "slow route", through the subsequent approval of specific organic laws, they were to assume full autonomy in less than 5 years, since they had started a process towards the "fast route" prior to the approval of the "autonomic pacts". On the other hand, Cantabria and La Rioja, although originally part of Old Castile —and both originally included in

1742-485: The Constitution must to be interpreted according to the current cultural values. A decision in 2010 declaring several articles of the Statute of Autonomy of Catalonia unconstitutional has been a source of much controversy and conflict since then, with some arguing that the judgement was illegitimate due to fact that one judge had died and had not been replaced and three other judges terms had expired three years prior to

1809-447: The Constitution not setting a mandatory legislative chamber framework, all autonomous communities have chosen unicameralism . All such governments have legislative and executive branches of government but not judicial. The Spanish model is generally considered by foreign political scientists and scholars as "a federal system with certain peculiarities". However it is also described as a decentralised unitary country. While sovereignty

1876-402: The Constitutional Court becomes an emeritus justice ( Spanish : magistrados eméritos ) after their term of office. Like many other features of Spanish democratic institutions developed during and after the transition , the design of the court reflects compromises between the reformists within the authoritarian regime and the leftist opposition seeking a rupture with that regime, particularly

1943-399: The Parliament approved an amendment to the law that regulated referendums, and used a prerogative of article 144c of the constitution, both actions which combined would allow Andalusia to take the fast route. They also agreed that no other region would take the "fast route", but that all regions would establish a parliamentary system with all institutions of government. This opened a phase that

2010-476: The Socialist Party (PSOE). Those rules have allowed the political actors to extend their influence through time in determining the composition of the court. A number of empirical studies show that a non-irrelevant part of the variance judicial decisions is explained by partisan alignments and political context. Other studies show that many of the court's rulings have been unanimous demonstrating that

2077-632: The above criteria, in that the Spanish Parliament could: The constitution also established two "routes" to accede to autonomy. The "fast route" or "fast track", also called the "exception", was established in article 151, and was implicitly reserved for the three "historical nationalities" — Catalonia , the Basque Country and Galicia , regions with strong regional identities —in that the very strict requirements to opt for this route were waived for those territories that had approved

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2144-498: The administration of the powers they were granted. The constitution also explicitly established that the institutional framework for these communities would be a parliamentary system , with a Legislative Assembly elected by universal suffrage , a cabinet or "council of government", a president of such a council, elected by the Assembly, and a High Court of Justice. They were also granted a maximum level of devolved powers. While

2211-464: The approval of the Spanish Parliament, which would exercise its prerogatives to grant autonomy to other entities besides provinces. However one aspect of this asymmetry in powers between regions is a cause of friction, namely that the Basque-speaking areas ( Basque Country and Navarra ) can raise their own taxes and negotiate a transfer to Madrid to pay for common services and hence, unlike

2278-463: The autonomous communities were created, Article 145 prohibits the "federation of autonomous communities". This was understood as any agreement between communities that would produce an alteration to the political and territorial equilibrium that would cause a confrontation between different blocks of communities, an action incompatible with the principle of solidarity and the unity of the nation. The so-called "additional" and "transitory" dispositions of

2345-539: The ballot. The decisions of the Constitutional Court cannot be appealed. This court consists of twelve justices ( Spanish : magistrados ) who serve for nine-year terms. Four of these are nominated by the Congress of Deputies , four by the Senate , two by the executive branch of the government, and two by the General Council of the Judiciary . Having judges chosen by the three branches of government

2412-446: The cities of Ceuta and Melilla were constituted as "autonomous cities" without legislative powers, but with an autonomous assembly not subordinated to any other province or community. The creation of the autonomous communities was a diverse process, that started with the constitution, was normalized with the autonomic pacts and was completed with the Statutes of Autonomy. It is, however, an ongoing process; further devolution—or even

2479-412: The constitution allowed for some exceptions to the above-mentioned framework. In terms of territorial organization, the fifth transitory disposition established that the cities of Ceuta and Melilla , Spanish exclaves located on the northern coast of Africa, could be constituted as "autonomous communities" if the absolute majority of the members of their city councils would agree on such a motion, and with

2546-460: The constitution did not establish how many autonomous communities were to be created, on 31 July 1981, Leopoldo Calvo-Sotelo , then the prime minister of Spain and Felipe González , leader of the opposition in Parliament, signed the " First Autonomic Pacts " ( Primeros pactos autonómicos in Spanish), in which they agreed to the creation of 17 autonomous communities and two autonomous cities, with

2613-539: The constitution was still being drafted, and self-government seemed likely to be granted only to the "historical nationalities", there was a popular outcry in Andalusia , demanding self-government as well, which led to the creation of a quicker process for that region, which eventually self-identified as a "historical nationality" as well. In the end, the right to self-government was extended to any other region that wanted it. The "slow route" or "slow track", also called

2680-719: The country where the incomes and outcomes of the decentralized bodies (the Autonomous Communities) has grown the most, leading this rank in Europe by 2015 and being fifth among OECD countries in tax devolution (after Canada, Switzerland, the United States and Austria). By means of the State of Autonomies implemented after the Spanish Constitution of 1978, Spain has been quoted to be "remarkable for

2747-482: The demands of the peripheral nationalists. The Prime Minister of Spain , Adolfo Suárez , met with Josep Tarradellas , president of the Generalitat of Catalonia in exile. They agreed to restore the Generalitat and transfer limited powers while the constitution was still being written. Shortly after, the government allowed the creation of "assemblies of members of parliament" made up of deputies and senators of

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2814-415: The difference between "nation" and "nationality"; and it does not specify which are the "nationalities" and which are the "regions", or the territories they comprise. Rather than imposing, it enables a process towards a decentralized structure based on the exercise that these "nationalities and regions" would make of the right to self-government that they were granted. As such, the outcome of this exercise

2881-425: The different territories of Spain, so that they could constitute "pre-autonomic regimes" for their regions as well. The Fathers of the Constitution had to strike a balance between the opposing views of Spain—on the one hand, the centralist view inherited from monarchist and nationalist elements of Spanish society, and on the other hand federalism and a pluralistic view of Spain as a "nation of nations"; between

2948-478: The eight provinces, Almería , votes in favour — although the plurality — did not amount to half of the electoral census as required. Yet, in general, the results of the referendum had been clear and unequivocal. After several months of discussion, the then prime minister of Spain, Adolfo Suárez and the leader of the opposition , Felipe González , reached an agreement to resolve the Andalusian issue, whereby

3015-546: The executive or parliaments of an Autonomous Community . In addition, the Court has other powers not typical of the Kelsenian model including determining whether non-legislative acts by the central government, its branches, or the regional governments abide by the distribution of powers defined by the Constitution and other higher laws, hearing complaints from the public about their constitutional rights and preventive review (prior to promulgation) of statutes of autonomy of

3082-489: The extent of the powers peacefully devolved over the past 30 years" and "an extraordinarily decentralized country", with the central government accounting for just 18% of public spending, 38% by the regional governments, 13% by the local councils, and the remaining 31% by the social security system . Constitutional Court of Spain The Constitutional Court ( Spanish : Tribunal Constitucional )

3149-416: The features of the Kelsenian model are that only a constitutional court is empowered to find that a statute is unconstitutional, secondly that of abstract review (that is without requiring legal cases but rather through application by public institutions), and thirdly, that appointments to the court are made largely by political bodies and have limited terms. The Constitutional Court is authorized to rule on

3216-507: The first-level administrative divisions of Spain , created in accordance with the Spanish Constitution of 1978 , with the aim of guaranteeing limited autonomy to the nationalities and regions that make up Spain. There are 17 autonomous communities and two autonomous cities ( Ceuta and Melilla ) that are collectively known as " autonomies ". The two autonomous cities have the right to become autonomous communities. The autonomous communities exercise their right to self-government within

3283-470: The indissoluble unity of the Spanish Nation, the common and indivisible homeland of all Spaniards; it recognizes and guarantees the right to self-government of the nationalities and regions of which it is composed and the solidarity among them all. The constitution was rather ambiguous on how this was to take place. It does not define, detail, or impose the structure of the state; it does not tell

3350-573: The judgement. In 2017, the court ordered those responsible for the Catalan referendum on November 9, 2014 to pay 5 million euros. In addition, social agents from Spain have demanded that the distribution of public funds in the Catalan press should be audited. In 2022 the Court upheld an amparo appeal by the People's Party claiming a violation of their rights to exercise representative office and of

3417-528: The late 19th century has been shaped by a dialectical struggle between Spanish nationalism and peripheral nationalisms, mostly in Catalonia and the Basque Country, and to a lesser degree in Galicia . In a response to Catalan demands, limited autonomy was granted to the Commonwealth of Catalonia in 1914, only to be abolished in 1925. It was granted again in 1932 during the Second Spanish Republic , when

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3484-458: The limits set forth in the constitution and organic laws known as Statutes of Autonomy , which broadly define the powers that they assume. Each statute sets out the devolved powers ( Spanish : competencia ) for each community; typically those communities with stronger local nationalism have more powers, and this type of devolution has been called asymmetrical which is on the whole seen as advantageous, able to respond to diversity. Despite

3551-417: The other regions, do not contribute to fiscal equalisation across Spain. These two regions or communities are known as "chartered" territories, In all other communities, all taxes are levied and collected by or for the central government and then redistributed among all. The Statutes of Autonomy of the Basque Country and Catalonia were sanctioned by the Spanish Parliament on 18 December 1979. The position of

3618-470: The party in government, the Union of the Democratic Centre (UCD), was that only the three "historical nationalities" would assume full powers, while the rest would accede to autonomy via article 143, assuming fewer powers and perhaps not even establishing institutions of government. This was firmly opposed by the representatives of Andalusia , who demanded for their region the maximum level of powers granted to

3685-471: The pre-existing 50 provinces of Spain , a territorial division of the liberal centralizing regime of the 19th century created for purely administrative purposes (it also recognized the municipalities that integrated the provinces). These provinces would serve as the building blocks and constituent parts of the autonomous communities. The constitution stipulated that the following could be constituted as autonomous communities: It also allowed for exceptions to

3752-478: The recognition of a pluralistic vision of Spanish nationhood. When Franco died in 1975, Spain entered into a phase of transition towards democracy . The most difficult task of the newly democratically elected Cortes Generales (the Spanish Parliament) in 1977 acting as a Constituent Assembly was to transition from a unitary centralized state into a decentralized state in a way that would satisfy

3819-460: The regions. Individual citizens may appeal to the Constitutional Court for protection against governmental acts that violate their "fundamental rights or freedoms". Only individuals directly affected can make this appeal, called a recurso de amparo , and they can do this only after exhausting judicial appeals. The General Electoral Law of June 1985 additionally allows appeals to this court in cases where electoral boards exclude candidates from

3886-430: The return of transferred powers—is always a possibility. This has been evidenced in the 2000s, at the beginning with a wave of approval of new Statutes of Autonomy for many communities, and more recently with many considering the recentralization of some powers in the wake of the economic and financial crisis of 2008. Nonetheless, Spain is now a decentralized country with a structure unlike any other, similar but not equal to

3953-487: The right of citizens to participate in public affairs through those representatives, by legislation which would have made changes to the General Council of the Judiciary to break the Spanish General Council of the Judiciary blockade . The Court ordered that the bill to amend the laws should be suspended. This was the first time that the Constitutional Court had ordered the Parliament in this way. Both

4020-812: The same institutions of government, but different competences. By 1983, all 17 autonomous communities were constituted: Andalusia , Aragon , Asturias , the Balearic Islands , the Basque Country , the Canary Islands , Cantabria , Castile and León , Castile–La Mancha , Catalonia , the Community of Madrid , Extremadura , Galicia , La Rioja , Navarra , the Region of Murcia and the Valencian Community . The two autonomous cities, Ceuta and Melilla were constituted in 1995. Once

4087-408: The territorial arrangements, while enshrining in the constitution the right to autonomy or self-government of the "nationalities and regions", through a process of asymmetric devolution of power to the "autonomous communities" that were to be created. The starting point in the territorial organization of Spain was the second article of the constitution, which reads: The Constitution is based on

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4154-473: The then prime minister of Spain Felipe González from PSOE and the leader of the opposition, José María Aznar from the newly created People's Party (PP) successor of the People's Alliance party . Through these agreements new powers were transferred, with the reforms to many Statutes of Autonomy of the "slow-route" communities with the aim of equalizing them to the "fast route" communities. In 1995,

4221-439: Was denied secession to be constituted as an autonomous community on its own right. During the second half of the 1980s, the central government seemed reluctant to transfer all powers to the "slow route" communities. After the five years set up by the constitution, all "slow route" communities demanded the maximum transfer guaranteed by the constitution. This led to what has been called the "second autonomic pacts" of 1992, between

4288-453: Was dubbed as café para todos , "coffee for all". This agreement was eventually put into writing in July 1981 in what has been called the "first autonomic pacts". These "autonomic pacts" filled in the gap left by the open character of the constitution. Among other things: In the end, 17 autonomous communities were created: Special provisions were made for the Valencian Community and

4355-469: Was not predictable and its construction was deliberately open-ended; the constitution only created a process for an eventual devolution , but it was voluntary in nature: the "nationalities and regions" themselves had the option of choosing to attain self-government or not. In order to exercise this right, the constitution established an open process whereby the "nationalities and regions" could be constituted as "autonomous communities". First, it recognized

4422-414: Was sympathetic to a federal system. In the end, the constitution, published and ratified in 1978, found a balance in recognizing the existence of "nationalities and regions" in Spain, within the "indissoluble unity of the Spanish nation". In order to manage the tensions present in the Spanish transition to democracy, the drafters of the current Spanish constitution avoided giving labels such as 'federal' to

4489-410: Was vigorously enforced as a way of preserving the "unity of the Spanish nation". Peripheral nationalism, along with communism and atheism, were regarded by his regime as the main threats. His attempts to fight separatism with heavy-handed but sporadic repression, and his often severe suppression of language and regional identities backfired: the demands for democracy became intertwined with demands for

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