During the last decade the separatist activities of the Catalan nationalists have intensified. Despite the enactment of the Statute of Autonomy in 2006, extending the existing autonomy of the Autonomous Community, Catalonia’s governing political parties strived for total independence. In view of the consistent attitude of the central government in Madrid refusing any concessions on the extension of autonomy or independence, the Autonomous Government of Catalonia (Generalitat) appealed to the institutions of direct democracy, calling twice for a Catalan referendum on independence. In both cases, the Spanish Constitutional Court declared the referendum unlawful. In spite of this, Catalonia declared independence after the referendum of October 1st, 2017, although the effects of the declaration were also suspended – a situation so far unknown to law.

The Problem of Capitality in the Autonomous Comunities in Spain

The problem of capitals is often marginalized however, not always regulations referring to capitals are clearly defined. The constitution of Spain allows the autonomous regions (which the country is divided into) to designate their capitals themselves. Most regions regulate the problem of capitals in their Statue of Autonomy, or refers to other resolutions of the local parliament. Often the term “capital” is not used. Instead, the city that will host the autonomy institution is indicated. In most cases there is no doubt about the city which should hold the capital function in the autonomy. However there are exceptions to this rule. For example in Galicia a serious conflict took place in course of designation of the capital. The same is still happening in Castilla and León. This autonomy, as well as The Basque Country, has no clear regulation regarding to the capital city, which is the cause of many local political crises.

The origin and constitutional basis of the Basque Autonomy

Spain is a unitary state according the Constitution of 1978, although it is administratively divided into autonomous regions. Basque Country has large autonomous aspirations. Over the years, coexistence in larger state organisms, the Basques had relative autonomy and obtained many rights and privileges named fueros. Despite the temporary restriction or partial repeal during the nineteenth century and in the dictatorship era of Francisco Franco, the Spanish Constitution took into account the ambitions of the Basques respecting their individuality also in the field of restoring fueros, updated to the current situation of the state. Basque Country has in some fields greater autonomy than other regions of Spain, which is reflected in the Statute of the Autonomy. The Basque society largely accepts current conditions of the autonomy regulated by the Constitution and the Statute of the Autonomy. This resulted in, among others, partial social discontent against the plan to modernize the Statute of Autonomy, and most of all, marginalized terrorist organization ETA.

Features of the Spanish political regime

The Spanish political regime can be defined as a system of parliamentary government. The most characteristic features of it are: the dualism of executive, the neutral position of the head of state and the political responsibility of the government before the parliament. Besides, accepted legal solutions allow for the high effectiveness of the governmental action. The specification of the Spanish political stage, formed after 1978, allow to get closer to the model of the parliamentary government (in the case of existence of the majority government) or to the model of parliamentary committee (in the case of the minority government). Thus, the main aim of this article is to present some key features of the Spanish political regime.

Co-princes or co-principes? Some remarks on the status of the  President of France and the Bishop of Urgell as head of the state  in the context of the political system of Andorra

The constitutional system of Andorra is not a popular subject of study of science either in Poland or abroad. In Poland, after 1993 (the year the adoption of the current constitution) were published only a few articles or fragments of larger studies on this topic. As a result, the vast majority of these studies have mainly reporting character. Many interesting issues have been mentioned only in footnotes. Among them: the question of the status of specific, Andorran head of state and (resulting) the correct indication of the form of Andorran state. Co-principes are translated into Polish as „co-princes”. It consequently, automatically determined Andorra as a „principality”, ie the state of monarchical system, and even a constitutional monarchy . This should be considered , at least as controversial. The author formulates two hypotheses and subjected them to verify. Firstly – Andorra is a principate (not a principality) – a mixed form of political system combines elements of monarchy and republic, outweigh the latter, in addition to the relics of the former. Head of State in principate should be referred to as „princeps”, and in the case of Andorra, specifically: co-princeps. In this way we will avoid misleading comparisons with „a prince”, as monarchical, hereditary head of state. Secondly – despite the adoption of a modern constitution, there are remaining relics of feudal times in the political system of Andorra, resulting from the former status of „condominium”. This is particularly evident in the form of the Andorran heads of state institution. It also gives a partial capacity to influence decisions of the co-principes by their home country’s authorities.

Artykuł prezentuje uwarunkowania strategii bezpieczeństwa Hiszpanii wobec Sahelu Zachodniego, szczególnie Mali, Mauretanii i Nigru. Przedstawia przesłanki oraz charakter realizacji hiszpańskich misji wojskowo-szkoleniowych i policyjnych w tym regionie Afryki. Rozważania zawarte w analizie wskazują na transnarodowy aspekt zagrożeń płynących ze strony ekstremizmu dżihadystycznego, pozostającego tak często w symbiozie ze zorganizowaną przestępczością, czerpiącą profity z nielegalnej migracji, handlu bronią i substancjami psychoaktywnymi. Zależności te są widoczne w odniesieniu do wielu państw afrykańskich, m.in. obszaru Sahelu. Artykuł podejmuje refleksję nad znaczeniem sytuacji tego regionu dla bezpieczeństwa południowej flanki Unii Europejskiej, a zarazem wyszczególnia przedsięwzięcia i projekty tam realizowane przez państwa Europy Południowo-Zachodniej (Hiszpanię, Francję i Włochy).

Although the current Constitution of 1978 does not include the right to a legislative veto among royal prerogatives, this institution has a rich tradition in Spanish constitutionalism. In the 19th century, despite the clash between conservative and liberal ideas, the King almost continuously had the right to refuse to sanction law projects. Only the political changes of the 20th century finally deprived the monarch of the right to intervene in the legislative process. However, under the current Constitution, all laws must be sanctioned by the King, which often causes political and legal controversy.

Spain is one of the countries which is facing a lot of nationalist sentiments and aspirations of certain autonomous communities seeking if not for sovereignty, then at least for greater autonomy or a federal system. This paper aims at investigating the case of Catalonia by examining the roots of Catalan nationalism, its main determinants and drivers for change. It also explains the reasons for evolution of the accompanying factors and claims that Catalan nationalism is civic and not ethnic in nature. Its main factors are economic and cultural as well as ideological ones, built on the common identity shaped by cultural and religious heritage. Till the crisis of 2007/2008, Catalan nationalism was not violent – neither in actions nor in its claims. Deterioration of the economic situation and social frustration made it easier for politicians to use the nationalist argument to win a political battle. It resulted in the revival of stronger nationalist sentiments and a desire for self-determination.

The paper’s main research aim is to verify the assumption that the way the Spanish Constitution was amended in 2011 means a rupture with the over 40-year-old political principle of including all parties represented in the Cortes Generales in this process. It is also indicated what disruptions it might cause in the operation of the Spanish political system. The source material selected for analysis consists of Spanish official journals and press from 2011. The applied research methods are the legal-institutional analysis and the comparative approach.

Spanish Socialist Workers’ Party (PSOE) Projects to Amend the 1978 Spanish Constitution

The main research objective of the study is to find an answer to the question: what are the main assumptions of the political reform proposed by the Spanish Socialist Workers’ Party (Partido Socialista Obrero Español – PSOE) regarding the amendment of the Spanish constitution of 1978? The study was carried out by implementation of the method of qualitative data analysis and regarded selected legal acts and PSOE party documents. The time frame of the study was set for the years 2004–2021. The initial caesura is justified by the electoral victory of PSOE at 2004. The final turning point is marked by the debates of the 40th PSOE Congress, held between October 15 and 17, 2021 in Valencia.

Rodowód współczesnego administracyjnego podziału terytorialnego Hiszpanii. Sprawa municypiów i prowincji

Konstytucjonaliści hiszpańscy są zgodni, że współczesna organizacja terytorialna państwa wymaga pilnych reform. Mapa administracyjna państwa oparta na tradycyjnych jednostkach terytorialnych: municypiach i prowincjach nie wytrzymuje zderzenia ze współczesnymi wymaganiami „państwa autonomii”, jak zwykło nazywać się obecną Hiszpanię. O ile wspólnoty autonomiczne są podmiotami w miarę świeżymi, o tyle zarówno municypia, jak i prowincje sięgają swoimi korzeniami Średniowiecza, a nawet okresów wcześniejszych. Stąd próby forsowania nowych administracyjnych jednostek podziału terytorialnego, które nie zostały uwzględnione we współczesnej Konstytucji lub próby wskrzeszenia dawnych jednostek przystosowanych w większy lub mniejszy sposób do we współczesnym modelu państwa. Niniejszy artykuł przybliża rodowód poszczególnych jednostek terytorialnych, ukazując jak bardzo historia i tradycja wpływa na współczesny podział administracyjny państwa.

Privileging of Government Draft Laws in the Spanish Legislative Process

In the article the author identifies the normative arguments as well as the arguments from the constitutional practice justifying the axiom contained in Article 89 of the Spanish Constitution that government draft laws are privileged at the stage of exercising the legislative initiative by constitutionally authorised entities. This allows us to conclude that the thesis of privileging government draft laws finds support in other constitutional provisions and in the provisions of the standing orders of both parliamentary chambers at the stage of initiating legislative proceedings, which allows the Government to have a real influence on the scope of the legislative matter considered by the Cortes Generales.

Results of the elections to the Regional Parliament and the Cortes Generales in the Basque country as a reflection of the nationalist tendencies

Basque nationalism is a multifaceted and complex issue in which many aspects overlap, but much can be deduced from the political sympathies expressed by the inhabitants of the Basque Country during the elections to both the regional parliament and the Cortes Generales. The political parties’ programs are also a good source of knowledge. The aim of the article is to outline the programs of the Basque main political parties and the results of parliamentary elections as two important determinants for the analysis of nationalist tendencies in this autonomous community. The article provides an analysis of the political origins of Basque nationalism and also focuses on the PNV party as the leading political force for moderate nationalism. The last part concerns the socio-political moods at the end of the second decade of the 21st century in the Basque Country.

The Role of the Captain General in the Political System of Spain in the Past and Present

This article is an answer to the question where the rank of the Captain General in the title of the king of Spain came from. Reaching back to the pre-constitutional times, the role of the Captain General in the political system of Spain was defined. Originally he acted as the supreme military commander, with time gaining competences in the field of politics, judiciary and treasury. The essence of the post functions is evidenced by the creation of separate territorial administrative entities – captaincy general. The apogee of the Captain-General’s importance in Spain took place in the 18th century, when with the arrival of Philip V of Anjou at the Iberian Peninsula, the system of Bourbon absolutism began to be implemented in Spain under the Nueva Planta reforms. In the constitutional era, the post was once again reduced to strictly military matters, however traditionally appearing in the royal titulature.

The interdependence between the economy and politics is particularly visible during economic crises. The subject of research is the impact of the economic crisis in Spain after 2008 on its political system. And the main aim is to answer the question: what factor had the most important impact on the functioning of the state’s political system. Authors assume that it was the amendment of the Art. 135 of the state constitution. The theoretical framework of the study is the output on the relationship between the economy and politics. The empirical research was based on the analysis of changes in the economic situation in Spain after 2008, and on the analysis of the evolution of the Spanish political system. Obtained results may be useful in the context of the impact of changes in the economic situation caused by the SARS-CoV-2 pandemic and the war in Ukraine.

The article examines the specificities of local self-government in Spain. The Constitution of Spain established a system of division of powers between the state and autonomous communities and specifies the content of two types of autonomy: territorial and local, each of which has a different legal nature. In Spain, an optimal balance between centralization and decentralization has been achieved, which depends on the order in which competences are distributed between the central government, the regions and the local government bodies, the scope of its competences and the principles of cooperation with the state and regional authorities.

Organic Law a la española – Constitutional Prerequisites and Position in the Hierarchy of Spanish Sources of Law

The article analyses the constitutional prerequisites defining organic laws as a Spanish source of law. It identifies the material and formal criteria identifying organic laws and examines how they relate to each other, particularly in the context of the principle of reserved matters and the importance of the procedure for enacting organic laws in situations of conflict with ordinary laws. In view of the fact that the Constitution of the Kingdom of Spain does not expressly indicate the place of the organic law in the hierarchy of sources of law, the article, based on the findings of Spanish constitutional law doctrine and the jurisprudence of the Spanish Constitutional Court, points out arguments in favour of the superior legal force of organic laws in relation to ordinary laws, thus demonstrating the specificity of the Spanish model of organic law.