FUNDAMENTAL LAWS OF THE STATE FUNDAMENTAL LAWS OF THE STATE THE SPANISH CONSTITUTION MADRID, 1967 TABLE OF CONTENTS Page I. PREFACE .. ........................................... 9 II. FUNDAMENTAL LAWS OF THE STATE ......... ............ 16 Law on the Principles of the National Movement ............ 19 Statute Law of the Spanish People (Fuero de los Espafioles) 27 Labour Law ....................................... 41 Organic Law of the State .......................... 57 Constitutive Law of the Cortes (Parliament) .................. 95 Law of Succession to the Headship of State .................. 109 Law of the National Referendum ...... ................ 121 Ill. SOME ASPECTS OF THE SPANISH CONSTITUTION ............ 126 1. Organs of the Government. Organization Charts ...... 127 2. Requisites for election to principal offices under Go- vernment ....................................... 145 3. Nomination Procedure ............................ 147 4. Duties and Responsibilities ...................... 157 5. Process of Democratization ........ 1.............167 6. Reference Chart of Spanish. Constitutional Laws (By subject) ...... ............. 170 IV. ALPHABETICAL OUTLINE OF SUBJECT-MATTER .................. 171 V. THE FUNDAMENTAL LAWS AS VISUALIZED BY FRANCO (COLLECTION OF MANIFIESTOS) ..................... 185 INDEX .......... ................... ..... 217 Sc / His Excellency don Francisco Franco Bahamonde, Head of the Spanish State 1. PREFACE Spain has an open constitutional system which was set up in 1938. It comprises a series of laws which by virtue of their nature, fall into the category of fundamental laws. This system originated with the Fuero del Trabajo (Labour Law) of 9th March, 1938, later amplified by the Constitutive Law of the Cortes of 17th July, 1942 (and amended by that of 9th March, 1946), the Fuero de los Espatioles (Statute Law of the Spanish People), of 17th July, 1945; the Law of the National Referendum of 22nd October, 1945; the Law of Succession in the Headship of State of 26th July, 1947; the Law on the Principles of the National Movement of 17th May, 1958; and, finally, by the Organic Law of the State of 10th January, 1967. The designation of the cited dispositions as Fundamental Laws was effected by the Law of Succession in the Headship of State, in the case of those passed prior to that Law, and in the case of those passed subsequently, by the appropriate constitutional norms. The titles of the Funda- mental Laws are sufficiently descriptive to give one an idea of the scope allowed the constitutional norms at the present time. Throughout the past thirty years, the Spanish State has been drafting and submitting to referen- dum a number of dispositions regulating all the basic aspects of national life. In effect, after the initial regulation of social and-labour questions, the first of the Fundamental Laws of Spain, there followed the institution of the supreme 11 organ for the participation of the people in the collective tasks of the State, through the Law of the Cortes. Then, the rights and duties of the Spanish people were given constitutional status in the Fuero de los Espahioles (Statute Law of the Spanish People). Similarly, the Law of the National Referendum established a system of direct democracy which permits the intervention of the entire nation in any dispositions that may warrant such interven- tion. Finally, a disposition in respect of the Mechanism of the succession was approved, which guarantees continuity on the death of the Caudillo (Franco). As an aggregate of all the foregoing dispositions, there was decreed in 1958 the Law on the Fundamental Principles of the National Movement. And lastly, the constitutional system was completed by the approval of the Organic Law of the State, which regulates the structure and the functions of the organs of Government. The importance of these - Laws, their scope and the transcendental nature of the factors governing them have demanded the highest degree of dexterity in their pre- paration. For this reason, the process of their formulation included a number of technical and political phases, culminating in their legalization by the people. The preparation of the Laws began at the technical level, with the collaboration of the most eminent Spanish specialists in each field of inquiry, holding office in the legal depart- ments of the various Ministres. Each and every Law has been drafted with the utmost precision and care, the different Cabinet Ministers intervening directly in such drafting, thus contributing their experience and their political understanding, and ensuring a realistic assessment of the' problems involved. But the most decisive partici- pation was made by the Head of State, who has outlined both the objectives and the directives to be followed as the basic ideas inspiring every Law. The definitive texts 12 of the fundamental norms are a true reflection of the views of the Caudillo. The technical perfection and the political timeliness of the different Fundamental Laws having been ensured, the Head of State brings them to the notice of the Cortes, the supreme organ of representation, which, after due perusal, approves their submission to the sanction of every Spaniard. The machinery of the national referendum, as a system of direct democracy, has twice been put in motion in Spain. The first occasion was in 1947, with the promul- gation of the Law of Succession in the Headship of State, which regulated the fundamental questions inherent in the future of the country and established the fundamental character of the Laws passed before that date. Thus, the 1947 Referendum constitutes a ratification of all the norms of a constitutional nature which became manifest in Spain up to that moment. The second occasion was in December, 1966, with the approval of the Organic Law of the State, together with all the amendments to the other Fundamental Laws. The Government was thereby authorized to publish in a revised version all the major dispositions existing before that date. This new Referendum represents a definitive confirmation of the Spanish Constitution. These two events, in which the counsel of the nation was sought, and whose overwhelming positive result is unquestionable, are in themselves an indication of the most absolute support and the irrefutable affirmation of the Spanish people that they are in agreement with the fundamental legislation as passed. Furthermore, the majority and almost unanimous "yes" in both Referenda is tantamount to a vote of confidence for the Head of State, who has proved his ability to interpret faithfully the interests and the wishes of the Spanish people when the time came to propose the Fundamental Laws to the nation. It is only this synchronization of the 13 thoughts of the Caudillo with the ideals and aspirations of the Spanish people that can explain the sweeping majority of votes obtained in the Referenda of 1947 and 1966. Perhaps one of the reasons behind the popular consensus obtained by the Referenda and the Fundamental Laws lies in the openness and comprehensiveness of their nature. As the Caudillo has said on many occasions, Spain is in a perennial process of constitution. But this inception of the Spanish Constitution, this possibility of expansion and of adaptation to the demands of the moment, does not affect her stability or her permanency. On the contrary, the Fundamental Laws have a mission in the future. Proof of this is that in the Law of Succession in the Headship of State, which enumerates the Fundamental Laws, it is stipulated that their derogation or modification is subject to not only the approval of the Cortes, but to a National Referendum. This express mandate signifies that the Fundamental Laws are intended to have a degree of continuity throughout the period of their efficacy as a basic element for the orderly development of the social life of the people. The sense of open constitution in the Fundamental Laws is an outgrowth of the concept of the Regime that the principal norms must at all times be in keeping with the special characteristics and needs of the nation, and must take into account the mentality and attitudes of the Spanish people. It follows, therefore, that a reforming mechanism must be prepared for the expansion and perfecting of such laws. Similarly, this possibility of reform is imperative in the case of. the Spanish Funda- mental Laws, in view of their scope and the variety of questions falling under their jurisdiction. The problem of the Spanish State was either to restrict the dispositions of a fundamental nature to a limited number of aspects of life, thus endowing them with a more permanent character, or to extend the regulation on constitutional 14 lines to all those hypotheses and questions whose impor- tance seemed to justify it. The second method was adopted and, therefore, the Spanish Constitution had to be made susceptible to constant adaptations and improve- ments. In Spain, the Fundamental Laws regulate all the matters covered by traditional constitutions, as well as a number of specific questions and problems dictated by the special conditions of the country, which had to be given prime importance. Thus, Spanish fundamental legislation deals with a variety of aspects of the problems of the com- munity. It embraces the system of reform of the Constitution; the duties and rights of the Spanish people; the management of property; national sovereignty; the Head of State and the Government of the Nation, includ- ing the President and all Ministers; the Spanish Cortes (Parliament) and the National Council, the second repre- sentative Chamber; the relations between the Cortes and the Government; the administration of Justice; the Council of National Economy; and the Territorial Districts. Further- more, the Fundamental Laws include a number of norms relating to labour laws, to the regulations governing private enterprise, Trade Union Organizations, etc. This wide range of subject-matter, this extension of the terms of reference of the Fundamental Laws, may give the impression that, in essence, they are merely declarations of principles which have been maintained at the planning level, but which have not been actually applied in operative dispositions.