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71-660: The Political Reform Act (Law 1/1977, of 4 January) was the Spanish law that re-established democracy and allowed the elimination of the governmental structures of the Franco dictatorship through a legal process. It is one of the key events in the Spanish Transition . The Act was passed on 18 November 1976, by the Francoist Parliament and then overwhelmingly approved by referendum one month later. It

142-528: A totalitarian regime ". Javier Tusell pointed out that "those who in the past were in bed with totalitarianism now felt entitled to prohibit the totalitarianism of others". The reforms of the Fundamental Laws governing royal succession and the composition of the Cortes, designed by Fraga, also failed. Fraga had intended to make the Cortes bicameral , with one chamber elected by universal suffrage and

213-470: A clear political program based on two points: This program was clear and unequivocal, but its realization tested the political capacity of Suárez. He had to convince both the opposition to participate in his plan and the army to allow the process to run uninterrupted, and at the same time needed to bring the situation in the Basque Country under control. Despite these challenges, Suárez's project

284-526: A constitution, in the middle of 1977. In 1978, the Moncloa Pact was passed: an agreement amongst politicians, political parties, and trade unions to plan how to operate the economy, during the transition. The Spanish Constitution of 1978 went on to be approved in a referendum, on 6 December 1978. Prime Minister Adolfo Suárez's party, the UCD, received a plurality , but not an absolute majority , in both

355-456: A democratic, constitutional and parliamentary monarchy. For the transition to succeed, the army needed to refrain from intervening in the political process on behalf of Francoist elements within the existing government. As Raymond Carr explains, In containing the right and keeping the army loyal to the government the support of the King, as commander-in-chief of the army, was critical, enabling

426-674: A dream of Spanish intellectuals since the end of the 19th century. Previous attempts at democratization included the First Spanish Republic and the Second Spanish Republic . General Francisco Franco came to power in 1939, following the Spanish Civil War (1936–1939), and ruled as a dictator until his death in 1975. In 1969, he designated Prince Juan Carlos , grandson of Spain's most recent king, Alfonso XIII , as his official successor. For

497-428: A further clear agenda. Many UCD members were fairly conservative and did not want further change. For example, a bill to legalize divorce caused much dissension inside the UCD, in spite of being supported by the majority of the populace. The UCD coalition fell apart. The clashes among the several factions, inside the party, eroded Suárez's authority and his role as leader. The tension exploded in 1981: Suárez resigned as

568-624: A large part of the army to oppose Suárez, opposition that further intensified when the PCE was legalized. Meanwhile, Gutiérrez Mellado promoted officials who supported political reform and removed those commanders of the security forces (the Policía Armada and the Guardia Civil ) who seemed to support preserving the Francoist regime. Suárez wanted to demonstrate to the army that

639-549: A provisional way) and a final provision. A final provision clarifies that the act will have the level of a fundamental law. Since his appointment, prime minister Adolfo Suárez wanted reforms to take place within the existing legal framework through the Francoist Courts , a "democratisation from above" rather than a "democratic break" (ie a constituent assembly and provisional government) demanded by opposition forces. Suarez' UCD party sought and achieved approval of

710-571: Is said to have concluded after the landslide victory of the Spanish Socialist Workers' Party (PSOE) in the 1982 general election and the first peaceful transfer of executive power . Democracy was on the road to being consolidated. The end result of the Transition according to Casanova was "at least from 1982 onwards, a parliamentary monarchy, based on a democratic constitution, with a large number of rights and freedoms,

781-562: Is seen as the political transformation of the country, turning Spain into a democracy, with a parliamentary monarchy and with the rule of law as one of the fundamental principles of the State. This law also gives sovereignty to the people and a variety of rights, which would later be developed by the Constitution of 1978 . Another principle that this law established is the separation of powers , all of which were previously concentrated in

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852-775: The Francoist dictatorship he directed the Institute of Hispanic Culture ( Instituto de Cultura Hispánica ) and served as procurador in the Cortes and as national councillor (1955–1977). He later became a member of the Congress of Deputies in 1979. He led the far-right New Force and National Front political parties. Piñar was born in Toledo . He was a law student in Madrid when the Spanish Civil War broke out and took refuge in

923-547: The Movimiento Nacional , he declared that the purpose of his government was the continuity of Francoism through a "democracy in the Spanish way" ( Spanish : democracia a la española ). He believed political changes should be limited: he would give the parliament, the Cortes Españolas, the task of "updating our laws and institutions the way Franco would have wanted". The reform programme adopted by

994-580: The foreign policy of the United States . At that time, Francoist Spain depended on bilateral relations with the United States to maintain international recognition for the Francoist State. Franco's minister of Foreign Affairs, after giving many explanations to the US ambassador, dismissed Piñar. Despite the dismissal, Piñar's loyalty to the Francoist State did not diminish. He was an opponent of

1065-522: The 28th Congress of the PSOE in May 1979, secretary-general Felipe González resigned, rather than ally with the strong revolutionary elements that seemed to dominate the party. A special congress was called that September, and realigned the party along more moderate lines, renouncing Marxism and allowing González to take charge once more. Throughout 1982, the PSOE confirmed its moderate orientation and brought in

1136-772: The Bill in order to force the resignation of Prime Minister Adolfo Suárez . However both the Prime Minister and Speaker Torcuato Fernández-Miranda were prepared to dissolve the Cortes Españolas in the event of opposition to the Bill, since the parliamentary term had expired and would need to be extended. Finally the Bill was approved by the Council of Ministers , it was submitted to the National Council of

1207-452: The Bill in the Spanish legislature. The debate was undertaken over two days from the 16th to the 18th of November. The first member ( procurador ) of parliament to speak to the Bill was Miguel Primo de Rivera and Urquijo along with Fernando Suárez González , the first representative of the lecture. The next day, 17 November, was the turn of the MPs, who gave arguments in favour and against. On

1278-543: The Civil War still haunted Spain. Francoists on the far right enjoyed considerable support within the Spanish Army , and people of the left distrusted a king who owed his position to Franco. The King's legitimacy rested on this appointment; his father, Don Juan, did not renounce his claim until 14 May 1977. Liberal opinion at the time held therefore, that the throne's legitimacy could only be saved by establishing

1349-925: The Constituent Cortes were carried out in June 1977. The elections held on 15 June 1977 confirmed the existence of four important political forces, at the national level. The votes broke down in the following manner: With the success of the Basque Nationalist Party ( Basque : EAJ, Euzko Alderdi Jeltzalea ; Spanish : PNV, Partido Nacionalista Vasco ) winning 8 seats and the Democratic Pact for Catalonia (PDC, Pacte Democrátic per Catalunya ) winning 11 seats in their respective regions, nationalist parties also began to show their political strength in these elections. The Constituent Cortes (elected Spanish parliament) then began to draft

1420-531: The Cortes rejected changes to the Criminal Code, which had previously made it a crime to be affiliated with a political party other than FET y de las JONS . The members of the Cortes, who vehemently opposed the legalization of the Communist Party, added an amendment to the law that banned political organizations that "submitted to an international discipline" and "advocated for the implantation of

1491-614: The Francoist regime , formed a coalition named Alianza Popular (AP), to bring together the leading figures of the Francoist regime who were opposed to the reform. Political parties had been legalised by the Political Associations Act of May 1976, enacted during the government of Arias Navarro . Their leaders were Manuel Fraga , Licinio de la Fuente , Federico Silva , Laureano López Rodó , Gonzalo Fernández de la Mora , Enrique Thomas de Carranza and Cruz Martínez Esteruelas . Alianza Popular considered blocking

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1562-664: The Fundamental Laws. It also had to garner support within the Armed Forces and in the Spanish Labour Organisation . It also needed to appease the democratic opposition to Francoism. The approach towards the dissenters was that they would not be part of the reform process, but would be allowed to participate in politics more generally, with the exception of the Communist Party of Spain ( Partido Comunista de España , PCE). This conservative reform

1633-453: The June 1977 and March 1979 elections. To exercise power, the UCD had to form parliamentary coalitions with other political parties. From 1979, the government spent much of its time working to hold together the many factions within the party itself, as well as their coalitions. In 1980, the Suárez government had, for the most part, accomplished its goal of a transition to democracy and lacked

1704-457: The Movement and it was approved on 16 October by 80 votes in favor, 13 against and 6 abstentions. The National Council foresaw its own dissolution: ... This bill, which aims and seeks for the popular majority to become the decision-making body of the reform, can only find a legitimate source and basis by incorporating that majority into the current political order... The Political Reform Act

1775-523: The Political Reform Act. Suárez had to risk even more to involve the opposition forces in his plan. In December 1976, the PSOE celebrated its 27th Congress in Madrid , and began to disassociate itself from the demands of the PCE, affirming that it would participate in the next call for elections for the Constituent Cortes. At the beginning of 1977, the year of the elections, Suárez confronted

1846-638: The Principles of the Movimiento Nacional (National Movement), the political system of the Franco era; took possession of the crown before the Francoist Cortes Españolas ; and respected the Organic Law of the State for the appointment of his first head of government . Only in his speech before the Cortes did he indicate his support for a transformation of the Spanish political system. This de facto alliance between Juan Carlos and

1917-466: The Transition. While often cited as a paradigm of peaceful, negotiated transition, political violence during the Spanish transition was far more prevalent than during the analogous democratization processes in Greece or Portugal , with the emergence of separatist, leftist, fascist and vigilante terrorist groups and police violence. The re-democratization also led to Spain's integration into Europe,

1988-483: The afternoon of 23 February 1981. The coup leaders claimed to be acting in the king's name. However, early on the following morning, Juan Carlos gave a nationwide speech unequivocally opposing it, saying that "the Crown, symbol of the permanence and unity of the nation, will not tolerate, in any degree whatsoever, the actions or behavior of anyone attempting, through use of force, to interrupt the democratic process." The coup

2059-446: The army and exercised influence over important sectors of the military. The ever-present threat of a coup d’etat from the hardliners required careful navigation. To resolve the issue, Suárez intended to support himself with a liberal group within the military, centered on General Díez Alegría . Suárez gave the members of this group the positions of authority with the most responsibility. The most notable personality of this faction within

2130-576: The army was General Manuel Gutiérrez Mellado . However, in July 1976, the Vice President for Defense Affairs was General Fernando de Santiago , a member of a hardline group within the army. De Santiago had shown his restlessness before, during the first amnesty in July 1976. He had opposed the law granting the right to unionize. Suárez dismissed Fernando de Santiago, nominating Gutiérrez Mellado instead. This confrontation with General de Santiago caused

2201-662: The breakup of the regime. He voted and argued against the Political Reform Act . He saw the law not as an attempt at reform, but an attempt at disintegration. Piñar also opposed the Spanish Constitution of 1978 and voted against it in its entirety. After the death of Franco, he created New Force (Fuerza Nueva), a National Catholic organization, and in 1979 was elected a deputy for the Unión Nacional coalition representing Madrid . After

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2272-567: The changes through a popular referendum . On 15 December 1976, with a 77.72% participation rate, 94% of voters indicated their support for the changes. From this moment, it was possible to begin the electoral process (the second part of the Suárez program), which would serve to elect the members of the Constituent Cortes , the body that was to be responsible for creating a democratic constitution. With this part of his plan fulfilled, Suárez had to resolve another issue: should he include

2343-538: The commission meant that Fraga and the reformists lost control of much of the legislative direction of the country; the reformists had been planning updated "Laws of Assembly and Association", which included a reform of the Spanish Criminal Code . Even so, the new Law of Assembly was passed by the Francoist Cortes on 25 May 1976, allowing public demonstration with government authorization. On

2414-612: The conditions that the opposition groups first demanded in 1974. These opposition forces met in November 1976 to create an association of democratic organizations called the Democratic Convergence Platform . Suárez had initiated political contact with the opposition by meeting with Felipe González , secretary general of the Spanish Socialist Workers' Party (PSOE), in August 1976. The positive attitude of

2485-404: The consequence of a complex transition, riddled with conflicts, foreseen and unforeseen obstacles and problems, in the context of economic crisis and political uncertainty." However, as then-prime minister González said later, "the state apparatus was retained, in its entirety, from the dictatorship". Importantly, most of the significant aspects in the Transition were adopted by consensus between

2556-421: The continuation of terrorist attacks by ETA (m) ("ETA Military"; later simply "ETA") or to a lesser extent, GRAPO. Meanwhile, restlessness in various sections of the armed forces created fear of an impending military coup . Reactionary elements in the army attempted a coup known as 23-F , in which Lieutenant Colonel Antonio Tejero led an occupation by a group of Guardia Civil of the Congress of Deputies , on

2627-574: The door to parliamentary democracy in Spain, this legislation could not simply create a new political system by eliminating the obstacles put in place by the Franco regime against democracy: it had to liquidate the Francoist system through the Francoist Cortes itself. The Cortes, under the presidency of Fernández-Miranda, debated this bill throughout the month of November; it ultimately approved it, with 425 votes in favor, 59 against, and 13 abstentions. The Suárez government sought to gain further legitimacy for

2698-666: The elections pushed Suárez to take the riskiest step of the transition: the legalization of the PCE in April 1977. However, throughout this critical period the government began a strategy of providing greater institutional space to the Unión General de Trabajadores (UGT) union, more moderate and linked to the Socialists, in comparison to the Communist-oriented CCOO . The manner in which a unified trade union

2769-739: The embassies of Finland and Paraguay, later doing work as a clandestine "fifth columnist" for the Nationalist forces. From 1957 to 1962, he was in charge of the Institute of Hispanic Culture that was dedicated to managing scholarships between Latin American and Spanish universities. After a trip to Latin America and the Philippines, Piñar wrote an article for the Madrid newspaper ABC . The article, entitled "Hypocrites," harshly criticized

2840-469: The government to retire factious generals who regarded it as their duty to maintain the existing constitution. The King did not initially appoint a new prime minister, leaving in place the incumbent head of government under Franco, Carlos Arias Navarro . Arias Navarro had not initially planned a reform of the Francoist regime; in the National Council of the Movement , an advisory assembly of the ruling FET y de las JONS ( Falange ) party and other groups in

2911-526: The government was the one proposed by Manuel Fraga , rejecting Antonio Garrigues' plan to elect a constituent assembly . Fraga's programme aimed to achieve a "liberal democracy" that was "comparable to the rest of the Western European countries" through a "gradual and controlled process", through a series of reforms of the pseudo-constitutional Fundamental Laws of the Realm . This is why his proposal

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2982-478: The governments and the opposition. In addition to this pragmatic, civic, "a-nationalist" leadership in Madrid, contributing factors to the success of the Transition were a Monarchy as a cohesive unitary symbol and the neutralisation of the Army's influence on political life. Additionally, the contrasting action of Basque violence and the peaceful mobilisation of Catalonia, successfully transformed Spanish politics during

3053-557: The head of government, and Leopoldo Calvo Sotelo was appointed, first to lead the new cabinet, and later, to the presidency of the UCD; social democrats led by Francisco Fernández Ordóñez defected from the coalition, later joining the PSOE, while Christian democrats left to form the People's Democratic Party . While the democratic normalization had succeeded in convincing ETA (pm) , the "political-military" faction of ETA, to abandon arms and enter parliamentary politics, it did not stop

3124-558: The institutions of dictatorship" through existing legal means, but social and political pressure saw the formation of a democratic parliament in the 1977 general election, which had the imprimatur to write a new constitution that was then approved by referendum in December 1978. The following years saw the beginning of the development of the rule of law and establishment of regional government , amidst ongoing terrorism, an attempted coup d'état and global economic problems. The Transition

3195-857: The kidnapping of two important figures of the regime: the President of the Council of the State José María de Oriol , and General Villaescusa, President of the Superior Council of the Military Justice. From the right, during these kidnappings, members of the neo-fascist Alianza Apostólica Anticomunista conducted the Atocha massacre, three of them labor lawyers , in an office on Atocha Street in Madrid, in January 1977. In

3266-520: The last day, 18 November, was the government response. One of the most difficult moments was the intervention of Blas Piñar López against the Bill: “This reform programme is in conflict with the political philosophy of the State (...), this reform, as the Government wants it, and as the bill argues, is a rupture, although the rupture is to be conducted without violence and with legality.” The Bill

3337-605: The loss of his seat in the 1982 elections he dissolved Fuerza Nueva (not the publishing house of the same name which continued publishing). In 1986, with the aid of Jean-Marie Le Pen , he reconstructed the group as the National Front and stood without success for the European parliamentary elections of 1987 and 1989. In 1992 he became president of the Frente Nacional Español (Spanish National Front),

3408-484: The middle of 1976 had seemed open to a limited truce after Franco's death, resumed armed confrontation again in October. The time from 1978 to 1980 would be ETA's three deadliest years ever. However, it was between December 1976 and January 1977 that a series of attacks brought about a situation of high tension in Spain. The Maoist GRAPO ( Grupos de Resistencia Antifascista Primero de Octubre ) began its armed struggle by bombing public locations, and then continued with

3479-402: The midst of these provocations, Suárez convened his first meeting with a significant number of opposition leaders, who published a condemnation of terrorism and gave their support to Suárez's actions. During this turbulent time, the Búnker capitalized on the instability and declared that the country was on the brink of chaos. Despite the increased violence by the ETA and GRAPO, elections for

3550-448: The next six years, Prince Juan Carlos remained in the background during public appearances and seemed ready to follow in Franco's footsteps. Once in power as King of Spain , however, he facilitated the development of a constitutional monarchy as his father, Don Juan de Borbón , had advocated since 1946. King Juan Carlos I began his reign as head of state without leaving the confines of Franco's legal system. As such, he swore fidelity to

3621-443: The officers strongly declared opposition to the legalization of the PCE. The PCE, for its part, acted ever more publicly to express its opinions. According to the Communists, the Political Reform Act was anti-democratic and the elections for the Constituent Cortes should be called by a provisional government including members from the opposition. The Communists particularly and the opposition more broadly did not show any enthusiasm for

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3692-424: The opposition groups who had not participated at the beginning of the transition? Suárez also had to deal with a third problem: coming to terms with the anti-Francoist opposition. Suárez adopted a series of measured policies to add credibility to his project. He issued a partial political amnesty in July 1976, freeing 400 prisoners; he then extended this in March 1977, and finally granted a blanket amnesty in May of

3763-414: The other having an " organic " character. Torcuato Fernández-Miranda , the president of the Council of the Realm , placed Adolfo Suárez on a list of three candidates for King Juan Carlos to choose to become the new head of government, replacing Arias Navarro. The king chose Suárez because he felt he could meet the challenge of the difficult political process that lay ahead: persuading the Cortes, which

3834-407: The person of the dictator and are now divided between the government ( executive power ), the courts ( judicial power ) and the parliament or Cortes Generales ( legislative power ). Spanish transition to democracy The democratic transition began after the death of Francisco Franco , in November 1975. Initially, "the political elites left over from Francoism" attempted "to reform of

3905-425: The political forces opposed to maintaining the status quo is considered to be a key part to the success of Spain’s transition to democracy. The transition was an ambitious plan that counted on ample support both within and outside of Spain. Western governments, headed by the United States , now favoured a Spanish constitutional monarchy, as did many Spanish and international liberal capitalists . The spectre of

3976-500: The political normalization of the country meant neither anarchy nor revolution. In this, he counted on the cooperation of Santiago Carrillo, but he could in no way count on the cooperation of terrorist groups. The Basque Country remained, for the better part of this period, in a state of political turbulence. Suárez granted a multi-stage amnesty for numerous Basque political prisoners, but the confrontations continued between local police and protesters. The separatist group ETA , which in

4047-405: The problem of legalizing the PCE. After the public indignation against anti-reformists aroused by the Massacre of Atocha in January 1977, when far-right terrorists murdered labor leaders aligned with the PCE, Suárez opened negotiations with Communist leader Santiago Carrillo in February. Carrillo's willingness to cooperate without prior demands and his offer of a "social pact" for the period after

4118-438: The same day the Law of Political Associations was also approved, supported by Suárez, who affirmed in parliamentary session that "if Spain is plural, the Cortes cannot afford to deny it". Suárez's intervention in favor of this reform shocked many, including Juan Carlos I. This intervention was key in Juan Carlos' decision to appoint Suárez as Prime Minister in the following month. The Arias-Fraga reform collapsed on 11 June, when

4189-416: The same time, the PSOE led many local and regional administrations. This comfortable political majority allowed the PSOE to give the country a long period of tranquility and stability, after the intense years of the transition. Blas Pi%C3%B1ar Defunct Blas Piñar López (22 November 1918 – 28 January 2014) was a Spanish far-right politician. Having connections to Catholic organizations, during

4260-544: The same year. In December 1976, the Tribunal de Orden Público (TOP), a sort of Francoist secret police , was dissolved. The right to strike was legalized in March 1977, with the right to unionize being granted the following month. Also in March, a new electoral system act ( Ley Electoral ) introduced the necessary framework for Spain's electoral system to be brought into accord with those of other countries that were liberal parliamentary democracies . Through these and other measures of government, Suárez complied with

4331-419: The social democrats, who had just broken from the UCD. Winning an absolute majority in parliament in two consecutive elections (1982 and 1986 ), and exactly half the seats in 1989 , allowed the PSOE to legislate and govern without establishing pacts with the other parliamentary political forces. In this way, the PSOE could make laws to achieve the goals of its political program, " el cambio " ("the change"). At

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4402-438: The socialist leader gave further support for Suárez to carry forward his reforms, but everyone clearly perceived that the big problem for the political normalization of the country would be the legalization of the Communist Party (PCE), which at the time had more activists and was more organized than any other group in the political opposition. However, in a meeting between Suárez and the most important military leaders in September,

4473-470: Was broken later that day, but demonstrated the existence of insurrectionary elements within the army. Calvo Sotelo dissolved parliament and called for elections in October 1982. In the 1979 election, the UCD had achieved a plurality, but in 1982, it suffered a spectacular defeat with only 11 seats in the Parliament. The 1982 elections gave an absolute majority to the PSOE, which had already spent many years preparing its image of an alternative government. At

4544-434: Was carried out without delay between July 1976 and June 1977. He had to act on many fronts during this short period of time in order to achieve his aims. The draft of the Political Reform Act ( Ley para la Reforma Política ) was written by Torcuato Fernández-Miranda, speaker of the Cortes, who handed it over to the Suárez government in July 1976. The project was approved by the Suarez Government in September 1976. To open

4615-447: Was composed of appointed Francoist politicians, to dismantle Franco's system. In this manner, he would formally act within the Francoist legal system and thus avoid the prospect of military intervention in the political process. Suárez was appointed as the 138th Prime Minister of Spain by Juan Carlos on 3 July 1976, a move that, given his Francoist past, was opposed by leftists and some centrists. As Prime Minister, Suárez quickly presented

4686-408: Was dubbed as a "reform in the continuity", and his support came mostly from those who defended a Francoist sociological model. In order for reform to succeed, it had to earn the support of the hardcore Francoist faction known as the Búnker , which had a major presence in the Cortes and the National Council of the Movement, the two institutions that would have to eventually approve the reforms of

4757-490: Was partly inspired by the historical period of the semi-democratic Bourbon Restoration (1876–1931), and was criticised for not taking into account the social and political circumstances of the time. The project coalesced into a proposal to reform three of the Fundamental Laws, but the exact changes would be determined by a mixed commission of the Government and the National Council of the Movement, as proposed by Torcuato Fernández-Miranda and Adolfo Suárez . The creation of

4828-403: Was put to the vote at 09:35 PM of 18 November 1976. It had 425 votes in favour, 59 against, and 13 abstentions. The vote and the consequent approval is known as the " harakiri of the Francoist Cortes". The Act, after being passed by parliament, was submitted to referendum on 18 December 1976. The participation was 77,8% of the census and with a 94,17% votes in favor. The approval of this law

4899-418: Was strategically countered is an important feature of the Spanish transition, as it limited radical opposition and created the basis for a fractured industrial relations system. Adolfo Suárez knew well that the Búnker —a group of hard-line Francoists led by José Antonio Girón and Blas Piñar , using the newspapers El Alcázar and Arriba as their mouthpieces—had close contacts with officials in

4970-399: Was the last of the Fundamental Laws of the Francoist State . Six months later, Spain celebrated its first democratic elections since 1936. After a further six months, a new Spanish Constitution was given royal assent. Two days later, the Political Reform Act was repealed when the Constitution came into force. On 9 October 1976, seven right-wing political parties who identified with

5041-463: Was the legal instrument that allowed the Spanish Transition to be carried out within the legal system established by General Francisco Franco . This law established a parliamentary monarchy under Juan Carlos I and a two-chamber parliament elected by universal suffrage, and eventually led to a referendum to approve the Constitution of 1978 . The act is divided in five primary articles, three transitory articles (which regulate some legal situations in

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