Spanische Monarchie

The Monarchy of Spain, commonly referred to as the Spanish Monarchy or the Spanish Crown (Monarquía española or corona de España), is the constitutional institution comprising the King or Queen regnant of Spain (Rey de España or Reina de España), the Spanish Royal Family (Familia Real Española), and the Royal Household (La Casa Real de Su Majestad el Rey) organization which supports and facilitates the monarch in the exercise of his royal duties and prerogatives.

The Spanish Constitution of 1978, Title II the Crown, Section 56, Subsection 1, affirms the role of the Spanish monarch as the personification and embodiment of the Spanish nation, a symbol of Spain's enduring unity and permanence; and as such, the monarch is the constitutional head-of-state and commander-in-chief of the Spanish Armed Forces.

The 1978 constitution codifies the use of Spanish royal titulary, royal prerogatives, hereditary succession to the crown, compensation, and a regency-guardianship contingency in cases of the monarch’s minority or incapacitation.

According to the Spanish constitution, the monarch is also instrumental in promoting Ibero-American relations, the “nations of its historical community” ("especialmente con las naciones de su comunidad histórica"). Currently the King of Spain serves as President of the fifty-three member Ibero-American States Organization.

Spain's monarch is King Juan Carlos I, who is styled as "His Majesty". The official residence of the Spanish monarch is the Royal Palace of Madrid. However, the royal family customarily resides at the more modest Palacio de la Zarzuela on the outskirts of Madrid.

History

Dynastic line from the first Visigothic kings to Juan Carlos I.

The Spanish monarchy has its roots the Visigothic Kingdom and its Christian successor states which fought the Reconquista following the Muslim conquest of Spain in the 8th century. A dynastic marriage between Isabella I of Castile and Ferdinand II of Aragon united Spain in the 15th century.

The Spanish monarchy was united with much of Europe in the person of Charles I, the Habsburg Emperor of the Holy Roman Empire, who claimed Spain through his mother Joanna in the early 16th century, and ushering in the Spanish Golden Age.

Charles II, the last of the Spanish Habsburgs, designated his sister’s grandson Philippe de Bourbon, duke of Anjou, as his heir in 1700. The possible unification of Spain with France sparked the Spanish War of Succession in the 18th century, culminating in the treaties of Utrecht (1713) and Rastatt (1714) which preserved the European balance of power. Philippe de Bourbon, who reigned as Philip V of Spain, was first of the Spanish Borbón rulers of Spain.

During the Napoleonic Wars, French forces forced the abdication of Ferdinand VII of Spain in 1808, and the Spanish Borbóns became a focus of popular resistance against French rule. However, Ferdinand’s rejection of the liberal Spanish Constitution of 1812, his erratic ministerial appointments, overly favoring conservatives to the exclusions of liberals, and the chronic bankruptcy of the government eroded popular support for the Spanish monarchy.

With the Pragmatic Sanction of 1830 Ferdinand set aside House of Borbón succession laws prohibiting women from succeeding by naming his eldest daughter Isabel as his heiress, sparking the Carlist Wars against those who preferred to bar women from rule and secularism.

Raised in a conservative atmosphere, Queen Isabel II grew to also overly favor the conservative political establishment at a time when liberal movements were influencing the Spanish intellegencia. Isabel's overt favoritism of the conservative establisment ultimately culminated with her forced abdication in September 1868 and the brief foundation of the First Spanish Republic between 1873/74.

A coup d’etat by conservatives restored the Borbón dynasty to the throne in 1874; however in 1931 a democratic election returned a republican majority to the Cortes Generales. With a program to abolish the monarchy, King Alfonso XIII went into exile, ushering in the Second Spanish Republic.

The ensuing Spanish Civil War began in 1936 and ended in 1 April 1939 with the Carlist General Francisco Franco victorious. General Franco ruled Spain through the fascist Falange political party until his death in 1975. Despite Franco’s Carlist sympathies, Franco appointed as his successor King Juan Carlos I de Borbón, who is credited with presiding over Spain’s transition from fascism to democracy by fully endorsing the liberal Spanish Constitution of 1978, and the reconciliation of the two factions.

The constitution asserts Juan-Carlos' right to the Crown of Spain is by dynastic succession in the Borbón tradition, "the legitimate heir of the historic dynasty" ("La Corona de España es hereditaria en los sucesores de S. M. Don Juan Carlos I de Borbón, legítimo heredero de la dinastía histórica"), rather than as the designated successor of Franco, an important distinction.

The monarchy in contemporary Spanish life

Popularity and criticism

The monarchy of Spain continues to enjoy wide support and popularity by the people since its constitutional restoration in 1978, according to Fernando Villespin, president of the Centro de Investigaciones Sociológicas (CIS, English: Sociological Research Center) in 2008.

According to Villespin, the king’s average approval rating of over 70% through the years consistently out-performs those of elected political leaders, and a similar percentage of respondents consider that the king plays an important roll in maintaining Spanish democracy. Public trust in Juan Carlos’ kingship “comes only behind that of the National Ombudsman,” Villespin continued. Additionally, according to a poll conducted by Metroscopia for the Toledo Foundation, 69% of Spanish citizens feel that the institution of constitutional monarchy, known in Spanish as "monarquía parlamentaria", is the ideal political system for Spain, and 80% of Spanish believe Spain's transition to democracy would not have been made possible without the king's personal intervention.

The CIS has been researching public opinion of the monarchy since 1984, and tracks three basic lines of inquery; what is public confidence in the monarchy, what is the role of the monarchy in a democratic system, and to what degree has the king contributed to the democratic process.

Part of the monarchy's appeal may lay in the personal characteristics of King Juan Carlos, whose philosophy on his family, on personal integrity, and on a selfless work ethic were revealed in intimate private letters of fatherly advice to his son between 1984 and 1985, who was then attending university in Canada.

According to Juan Carlos, a monarch must not take his position for granted but work for the people's wellfare, and be kind, attentive and helpful, and "appear animated even when you are tired; kind even when you don't feel like it; attentive even when you are not interested; helpful even when it takes an effort [...] You need to appear natural, but not vulgar; cultivated and aware of problems, but not pedantic or conceited".

The king continued;

Those whom God has chosen to be kings and to be at the head of the destiny of a country do not have any other choice than to start to understand the importance and the special characteristics of the position, because one can say that they start to become adults long before other boys of their age.
If in this life it is as important to form and strengthen character enough to permit us to lead, it is not any less to know how to obey. In spite of the high positions that we hold in life, it will always be vital to know we also have duties to perform and obedience always involves real honour.
[...]
We have to build a closely united family, without fissures or contradictions, we must not forget that on all and on each one of us are fixed the eyes of Spaniards whom we should serve with body and soul. I do not want to prolong my first letter any more in order not to tire you, but I would hope that this as well as the succeeding ones I send you leave a profound impression on you and are read calmly and thought about seriously.
King Juan Carlos I to Prince Felipe, 1984.

"I have had to stand snubs and contempt, incomprehension and annoyances that you, thank God, have not known," reminded the king to his son in one letter.

The private letters from father to son remain within the royal household, but were copied and released into the public domain without any approval or foreknowladge, according to a Zarzuela palace official.

Dispite the high approval ratings from the Spanish mainstream, and in particular the personal popularity enjoyed by the current king and queen, the monarchy has been the focus of acute criticism from the extreme left and extreme right of the political spectrum, and by regional separatists.

As many as 22% of Spanish citizens feel that a republic would be the better form of government for Spain, while separatists in the Basque Country and Catalonia routinely protest the monarchy as the living symbol of a united Spain. The extreme left criticize the insitution of monarchy as anachronistic, while the far right criticize King Juan Carlos personally because he has given his royal assent and tacit approval to what they consider a liberal agenda in Spain and secularism of Spanish life.

Charitatable, cultural, and religious patronage

Members of the Spanish Royal Family, "the royals", are often asked by non-profit charitable, cultural, or religious organizations within Spain or internationally to become their patrons. Royal patronage conveys a sense of official credibility as the organization is scrutinized for suitability. A royal presence often greatly raises the profile of the organization and attracts media publicity and public interest that the organization may not have otherwise garnered, aiding in the charitable cause or cultural event. Royals use their considerable celebrity to assist the organization to raise funds or to affect or promote government policy.

Additionally, members of the royal family may also pursue their own charitable and cultural interests. Queen Sofía devotes much of her time to the Queen Sofia Foundation (Fundación Reina Sofia); while Prince Felipe chairs the Prince of Asturias Foundation (Fundación Príncipe de Asturias), which aims to promote "scientific, cultural and humanistic values that form part of mankind's universal heritage."

The Prince of Asturias Foundation holds annual awards ceremonies acknowledging the contrabutions of individuals, entities and/or organizations from around the world who make notable achievements in the sciences, humanities, or public affairs. Prince Felipe is also the Honorary President of the Codespa Foundation, which finances specific economic and social development activities in Ibero-America and other countries, and the Spanish branch of the Association of European Journalists, which is composed of outstanding communications professionals.

Currently, Infanta Elena, Duchess of Lugo, the king's eldest daughter, is the Director of Cultural and Social Projects of Mapfre Foundation. Infanta Cristina, Duchess of Palma de Mallorca, the king's youngest daughter, was appointed Goodwill Ambassador to the United Nations for the 2nd World Assembly on Ageing, is a member of the Dali Foundation Board of Trustees, President of the International Foundation for Disabled Sailing, and Director of Social Welfare at the La Caixa Foundation in Barcelona.

The king, queen, and Infanta Cristina are all members of the Bilderberg Group, an informal think-tank centered on United States and European realtions, and other world issues.

The Crown

Vorlage:PoliticsES The historic Spanish monarchy, with its roots in the Visgothic kingdom from the 5th century and subsequent successor states, is recognized in Title II The Crown, Sections 56 through 65 of the Spanish Constitution of 1978.

According to Title II, Section 56, Subsection 1, the monarch embodies and personifies the unity and permanace of the Spanish State, representing the legal personality of the state in the concept "l'État, c'est moi" ("I am the state"), and by extension fulfills the "Father of the Nation" role. However, ultimate constitutional sovereignty in Spain is vested with the people.

The monarch arbitrates and moderates the regular functioning of the institutions, and assumes the highest representation of the Spanish State in international relations. The monarch exercises the functions expressly conferred on him by the Constitution and the laws.

Title II, Sections 56
The King is Head of State, the symbol of its unity and permanence. He arbitrates and moderates the regular functioning of the institutions, assumes the highest representation of the Spanish State in international relations, especially with the nations of its historical community, and excercises the functions expressly conferred on him by the Constitution and the laws.

Title II, Sections 56
El Rey es el Jefe del Estado, símbolo de su unidad y permanencia, arbitra y modera el funcionamiento regular de las instituciones, asume la más alta representación del Estado español en las relaciones internacionales, especialmente con las naciones de su comunidad histórica, y ejerce las funciones que le atribuyen expresamente la Constitución y las leyes.

Titulary and the Fount of honour

Titulary

The 1978 Constitution, Title II, Section 56, Subsection 2, confirms the title of the monarch is King of Spain, but that he may also use other titles historically associated with the Crown, ("los demás que correspondan a la Corona").

The titles used by Alfonso XIII before his exile in 1931 which, with this provision of the constitution, the King is entitled to use include:

His Catholic Majesty, the King of Spain, King of Castile, of León, of Aragón, of the Two Sicilies, of Jerusalem, of Navarre, of Granada, of Seville, of Toledo, of Valencia, of Galicia, of Sardinia, of Córdoba, of Corsica, of Murcia, of Jaén, of the Algarves, of Algeciras, of Gibraltar, of the Canary Islands, of the East and West Indies, of the Islands and Mainland of the Ocean Sea; Archduke of Austria; Duke of Burgundy, of Brabant, of Milan, of Athens and Neopatria; Count of Habsburg, of Flanders, of Tyrol, of Roussillon, and of Barcelona;Lord of Biscay and of Molina; Captain-General and Supreme Head of the Royal Armed Forces; Sovereign Grand-Master of the Order of the Golden Fleece and of the orders awarded by the Spanish state.

According to the Royal Decree published in 1987, the king and the queen consort will formally be addressed as "His Majesty and Her Majesty" (Their Majesties, Spanish: Su Majestad, Su represents His or Her) rather then the traditional "Catholic Majesty" (Su Católica Majestad). A prince consort of a regnant Queen of Spain will have the style "His Royal Highness" (Su Alteza Real).

Additionally, a widowed and unmarried queen consort, now a queen dowager, will continue to be addressed as 'Her Majesty". A widowed and unmarried prince consort will continue to be addressed as "His Royal Highness".

According to Title II, Section 57, Subsection 2, the heir apparent from birth shall hold the title of Prince of Asturias and the other titles historically associated with the heir appearent.

Other children of the monarch, and the children of the heir apparent, shall have the title and rank of Infante or Infanta (prince and princess), and styled His or Her Highness (Su Alteza), according to the Royal Decree published in 1987.

Children of an Infante or Infanta of Spain "shall have the consideration of Spanish Grandees", and the address of "Your Excellency", according to the 1987 Royal Decree.

The Royal Decree further limits the ability of any regent to use or create titles during the minority or incapacitation of a monarch."

Fount of honour

The monarch's position as the "Fount of honour" within Spain is codified in Title II The Crown, Section 62 (f); It is incumbant upon the monarch to "[...] confer civil and military positions and award honors and distinctions in conformity of the law " ("[...] conferir los empleos civiles y militares y conceder honores y distinciones con arreglo a las leyes").

Spanish peerage

According to the Spanish Ministy of Justice, nobility and grandee titles are created by the "sovereign grace of the king", and may be passed on to the receipant's heirs, who may not sell the title. Titles may revert back to the Crown when their vacancy is observed.

Succession of titles may follow one of several courses listed on the Royal Warrent (Title of Concession) when the title is created. As a general rule, most titles are now inherited by absolute Cognatic Primogeniture (as of 2006), where the first born inherits all regardless of gender. However, a title holder may designate his successor (Succession by Assignment), or disperse his titles among his children- with the eldest getting the highest ranking title (Succession by Distribution).

The king awarded peerages to two of his former presidents who have retired from active politics; Adolfo Suárez who was created 1st Duke of Suárez; and Leopoldo Calvo-Sotelo who was created 1st Marquess of la Ría de Ribadeo. The king's third president Felipe González declined a title, while José María Aznar's presidency was mired in contraversies making a peerage unlikely. All successive politicians remain active within politics.

Orders and Awards

Grand Cross of the Order of Charles III.

The king grants military and civil orders and awards of distinction, customarily on the adivce of government. The most distinguished order the king may award is the Order of Charles III to "citizens who, with their effort, initiative and work, have brought a distinguished and extraordinary service to the Nation".

The Laureate Cross of Saint Ferdinand is Spain's highest military award for gallantry. Other historic awards and distinctions include the Order of Calatrava, the Knights of Santiago, the Order of Sant Jordi d'Alfama, the Spanish Order of the Golden Fleece, Knights of Santiago, and the Order of Alcántara among others.

Inviolablity and lese majesté

The Spanish monarch is personally immune from prosecution for acts committed by government ministers in the king's name, according to Title II, Section 56, Subsection 3 of the 1978 Spanish Constitution.

The Person of the King of Spain is inviolable and shall not be held accountable. His acts shall always be countersigned in the manner established in section 64. Without such countersignature they shall not be valid, except as provided under section 65(2).

La persona del Rey de España es inviolable y no está sujeta a responsabilidad. Sus actos estarán siempre refrendados en la forma establecida en el artículo 64, careciendo de validez sin dicho refrendo, salvo lo dispuesto en el artículo 65,2.

This legal convention mirrors the concept of Sovereign immunity which evolved in similar constitutional monarchies. The legal concept of Sovereign immunity evolved into other aspects of immunity law in similar liberal democracies, such as Parliamentary immunity, Judicial immunity, and Qualified immunity in the United States.

The concept of lèse majesté ("lesa majestad") exists in Spanish jurisprudence, as in other legal systems, which is the crime or offense violating the dignity the head-of-state, or against The State, which in Section 56 of the Constitution the Spanish monarch and the dignity of the Spanish State are one and the same; "The King is Head of State, the symbol of its unity and permanence" (El Rey es el Jefe del Estado, símbolo de su unidad y permanencia). The concept is within the same legal sphear as legislation prohibiting flag desecration in other democratic countries. Additionally, lèse majesté extends to any foreign heads-of-state visiting Spain, and other members of the Spanish Royal Family, and to the Spanish President of the Government as the king's appointed officer.

The Spanish satirical magazine El Jueves was fined for violation of Spain's lèse majesté laws after publishing an issue with a caricature of the Prince and Princess of Asturias engaging in sexual intercourse on their cover in 2007. In 2008, 400 Catalonia seperatists burned images of the king and queen in Madrid, and two were fined for burning effigies of the king in Galacia in 2009 by Galacian seperatists.

Breaching Spain's lèse majesté laws may carry fines and up to two years in prison.

King Juan Carlos may have breached lèse majesté himself when, in exasperation, the king said to Hugo Chávez, President of Venezuela, "¿Por qué no te callas?", as Chávez repeatedly interrupted Spanish President José Luis Rodríguez Zapatero's speech, also an act on Chávez's part breaching lèse majesté.

The phrase "¿Por qué no te callas?" (English: "Why don't you [just] shut up?") became an overnight sensation, gaining cult status as a mobile-phone ringtone, spawning a domain name, a contest, T-shirt sales, and YouTube videos.

Ibero-American Summit, November 2007, Santiago, Chile, where the king presided over.

The king was presiding over the 2007 Ibero-American Summit in Santiago, Chile, when Chávez repeatedly interrupted Zapatero and calling the Spanish president's predecessor, José María Aznar, a "fascist" and "less human than snakes", and accused Aznar and the Spanish government of having supported a failed coup d'état aimed at removing Chávez from power. Zapatero had earlier irritated Chávez by suggesting that Latin America needed to attract more foreign capital to combat its chronic deepening poverty; Chávez's leftist policies shun outside investment.

Chavez's attacks became so strong that Zapatero, who is usually considered deeply opposed to his predecessor's policies, defended his predecessor, pointing out that Aznar had been democratically elected and "a legitimate representative of the Spanish people".

The king's rebuke received applause from the general audience. However, for the king, the incident, was part of an annus horribilis for the royal image.

Succession to the Crown

Statue of Queen Urraca of Leon and Castile in the Parque del Buen Retiro in Madrid. Urraca ruled between 1108 to 1125

According to the 1978 Constitution, Title II, Section 57, Subsection 1, the Crown of Spain is inherited by the successors of King Juan Carlos I de Borbón through male preference Primogeniture Section 57 is significant in that it omits entirely the Franconist era designation of Juan Carlos as Franco's heir. Rather, Section 57 asserts Juan Carlos I's right to the Crown as the legitimate heir following the regular order of succession in the Borbón tradition as "the legitimate heir of the historic dynasty" (legítimo heredero de la dinastía histórica).

The Crown of Spain shall be inherited by the successiors of H.M. Juan Carlos I de Borbón, the legitimate heir of the historic dynasty. Succession to the throne shall follow the regular order of primogeniture and representation, the first line having preference over subsequent lines; and within the same line the closer grade over the more remote; and within the same grade the male over female, and in the same sex, the elder over the younger.

La Corona de España es hereditaria en los sucesores de S. M. Don Juan Carlos I de Borbón, legítimo heredero de la dinastía histórica. La sucesión en el trono seguirá el orden regular de primogenitura y representación, siendo preferida siempre la línea anterior a las posteriores; en la misma línea, el grado más próximo al más remoto; en el mismo grado, el varón a la mujer, y en el mismo sexo, la persona de más edad a la de menos.

Male preference primogeniture had been practiced in Spain since the 11th century in the various Visgothic successor states and codifed in the Siete Partidas. Urraca of León and Castile succeeded as queen in 1108 and ruled until her death during childbirth in 1125. However, with the succession of Philip V in 1700, the first of the Spanish Borbóns, women were barred from succession rights until Ferdinand VII of Spain reintroduced the right and designated his eldest daughter Isabel as his heiress by 1833.

With the birth of Infanta Leonor of Spain on 31 October 2005 to the Prince and Princess of Asturias, President Zapatero reaffirmed his government's intention to amend the Spanish constitution by introducing full and equal Cognatic Primogeniture, a gender neutral succession law already adopted in Norway, Sweden, the Netherlands and Belgium. Zapatero's proposal was supported by the leader of the main opposition party, the conservative Partido Popular, making its passage likely. The rights of the current heir apparent Felipe, Prince of Asturias, would be maintained. With full or equal Cognatic Primogentiture, the first born would be the heir apparent regardless of gender.

Paving the way, in 2006 the king issued a decree reforming the succession to noble titles from male preference primogeniture to absolute and equal Cognatic Promogeniture. However, as succession to the Crown is codifed explicitly in the constitution, its reform madates an amendment to the constitution, a somewhat more complicated process then issuing a royal decree. Prince Felipe has counceled reformers that there is pleantly of time before the constitutional amendment would need to be enacted as he is next in line, and after him his daughters.

If all lines designated by law become extinct, the constitution reserves the right for the Cortes Generales to provide for the succession "in the manner most suitable for Spain".

The 1978 Spanish constitution disinherits members of the Royal Family from succession of they marry against the expressed prohibition of the monarch and the Cortes Generales, as will their decendents. Lastly, Section 57 further provides that "Abdications and renunciations and any doubt in fact or in law that may arise in connection with the succession to the Crown shall be settled by an organic act.

Regency and Guardianship

The 1978 constitution codifes the regency and guardianship of the person of the monarch in the event of his minority (legal age in Spain is 18) or incapacitation. The office of Regent(s) and the Guardianship of the monarch (weather the monarch is in his minority or incapacitated), may not necessarily be the same person.

In the event of the minority of the monarch, the surviving mother or father, or oldest relative of legal age who is nearest in line to the throne, would immediately assume the office of Regent, who in any case must be Spanish, according to Title II, Section 59.

If a monarch becomes incapacitated, and that incapacitation is recognized by the Cortes Generales, then the Prince of Asturias (the heir apparent), shall immediatly become Regent, if he is of age. If the Prince of Asturias is himself a minor, then the Cortes Generals shall appoint a Regency which may be composed of one, three, or five persons.

The person of the king in his minority shall fall under the guardianship of the person designated in the will of the deceased monarch, provided that he or she be of age and of Spanish nationality. If no guardian has been appointed in the will, then the father or mother will then assume the guardianship, as long as they remain widowed. Otherwise, the Cortes Generales shall appoint both the Regent(s) and the guardian, who in this case may not be held by the same person, except by the father or mother of direct relation of the king.

Royal prerogatives

The 1978 Constitution, Title II The Crown, Section 62, delineates the powers of the king, while Title IV Government and Administration, Section 99, defines the king's role in government. Title VI Judicial Power, Section 117, Sections 122 through 124, defines the king's role in the country's independent judiciary. However, by constitutional convention established by Juan Carlos I, the king excercises his prerogatives having been advised by the government of the day.

It is incumbant upon the King:

• a. To Sanction and promulgate the laws
• b. To summon and dissolve the Cortes Generales and to call for elections under the terms provided for in the Constitution.
• c. To all for a referendum in the cases provided for in the Constitution.
• e. To appoint and dismiss members of the Government on the President of the Government's proposal.
• f. To issue the decrees approved in the Council of Ministers, to confier civil and military honours and distinctions i conforminity with the law.
• g. To be informed of the affairs of State and, for this purpose, to preside over the meetings of the Council of Ministers whenever, he sees fit, at the President of the Government's request.
• h. To exercise supreme command of the Armed Forces
• i. To exercise the right of clemency in accordance with the law, which may not authorize general pardons.
• j. To exercise the High Patronage of the Royal Academies.

The king, the government, and the Cortes Generales

Title IV of the Constitution defines the government's responsibilities. The government consists of the President of the Government and ministers of state. The government conducts domestic and foreign policy, civil and military administration, and the defense of the nation. Additionally, the government excercises executive authority and statutory regulations.

The most direct prerogative the monarch excercises in the formation of Spanish governments is in the nomination and appointment process of the President of the Government (Presidente del Gobierno de España), according to Section 99 of Title IV. The President of the Government is usually known as the prime minister in many English language publications as the title president, outside of academic and business circles, has a republican connotation absent in the Spanish presidentè.

Following the General Election of the Cortes Generales (Cortes), and other circumstances provided for in the constitution, the king meets with and interviews the political party leaders represented in the Cortes, and then consults with the Speaker of the Congress (who, in this instance, represents the whole of the Cortes Generalas).

Constitutionally, the monarch may nominate anyone he sees fit as his prerogative. However, it remains pragmatic for him to nominate the person most likely to enjoy the confidence of the Cortes and form a government, usually the political leader who's party commands the most seats in the Cortes. For the Crown to nominate the political leader who's party controls the Cortes can be seen as a royal endorsement of the democratic process, a fundamental componant enshrined in the 1978 Constitution. By political custom since the 1978 Constitution, the King's nominees have all been from parties who hold the most seats in the Cortes. The king is normally able announce his nominee the day following a General Election.

The king's nominee is presented before the Cortes where the nominee and his political agenda are debated and submitted for a Vote of Confidence (Cuestión de confianza). A simple majority confirms the nominee and his program, after which the king officially appoints him as president and administers the oath of office.The king's order submitting the nominee is countersigned by the Speaker of the Congress.

Title IV Government an Administration Section 99(1) & (2)

• (1) After each renewal of the Congress and the other cases provided for under the Constitution, the King shall, after consultation with the representatives appointed by the political groups with parliamentary representation, and through the Speaker of the Congress, nominate for the Presidency of the Governent.
• (2) The candidate nominated in accordance with the provisions of the foregoing subsection shall submit to the Congress the political program of the Government he or she intends to form and shall seek the confidence of the House.

Artículo 99.

• 1. Después de cada renovación del Congreso de los Diputados, y en los demás supuestos constitucionales en que así proceda, el Rey, previa consulta con los representantes designados por los grupos políticos con representación parlamentaria, y a través del Presidente del Congreso, propondrá un candidato a la Presidencia del Gobierno.
• 2. El candidato propuesto conforme a lo previsto en el apartado anterior expondrá ante el Congreso de los Diputados el programa político del Gobierno que pretenda formar y solicitará la confianza de la Cámara.

If no overall majority is obtained on the first vote, then the same nominee and program is resubmitted for a second vote within fourty-eight hours. However, if confidence by the Cortes is still unreached, then the monarch again meets with political leaders and the Speaker, and submits a new nominee for a vote of confidence.

If, within two months, no candidate has won the confidence of the Cortes then the king desolves the Cortes and calls for a new General Election. The king's royal decree is countersigned by the Speaker of the Congress.

Once appointed, the President of the Government forms his government whose ministers are appointed and removed by the king on the president's advice.

In the political life of Spain, the king would already be familure with the various political leaders in a professional capacity, and prehaps less formally in a more social capacity, facilating their meeting following a General Election. Conversly, nominating the party leader who's party maintains a plurality and who are already familure with their party manifesto facilates a smoother nomination process. In the event of coaltions, the political leaders would customarily have met beforehand to hammer out a coaltion agreements before their meeting with the king.

Governments and the Cortes sit for a term no longer then four years when the president tenders his resignation to the king and advises the king to disolve the Cortes, prompting a General Election. It remains within the king's prerogative to disolve the Cortes if, at the conclusion of the four years, the president has not asked for its disolution, according to Title II Section 56. The president may call for earlier elections, but no sooner then a year after the prior General Election. Additionally, if the Government loses the confidence of the Cortes, then it must resign.

In the event that a president dies or becomes incapacitated while in office, then the government as a whole resigns and the process of royal nomination and appointment takes place. The the vice president would take over the day to day operations in the meantime, even while vice president himself may be nominated by the king.

The Royal Assent and promulgation of the laws

Title IV of the Constitution invests the sanction (Royal Assent) and promulgation (publication) of the laws with the king, while Title III The Cortes Generals, Chapter 2 Drafting of Bills outlines the methode bills are passed. According to Section 91, within fifteen days that a bill has been passed by the Cortes Generales, the king shall give his assent and publish the new law. Section 92 invests the king with the right to call for referndum on the advice of the president and the previous authorization of Congress.

No provision within the constitution invests the king with the ability to veto legislation directly, however no provision prohibits the king from with-holding royal assent, effectively a veto. When the media asked King Juan Carlos if he would endorse the bill legalizing gay marriages, he answered "Soy el Rey de España y no el de Bélgica" ("I am the King of Spain, not of Belgium")Vorlage:Ndash a reference to King Baudouin I of Belgium who had refused to sign the Belgian law legalising abortion. The King gave his Royal Assent to Law 13/2005 on 1 July 2005; the law was gazetted in the Boletín Oficial del Estado on 2 July, and came into effect on 3 July 2005.

The king and the judiciary

According to Title VI of the 1978 Constitution, Justice in Spain "emanates from the people and is administered on behalf of the King by judges and magistrates members of the Judicial Power..." (La justicia emana del pueblo y se administra en nombre del Rey por Jueces y Magistrados integrantes del poder judicial...).

It remains a royal prerogative for the king to appoint the President of the Supreme Court and twenty members to the General Council of the Judicial Power of Spain, according to Section 122, Subsection 3, of the constitution. However, by constitutional convention established by Juan Carlos since 1978, the king's appointments are usually on the advice of the President of the Government.

Title VI Judicial Power, Section 122, Subsection 3
The General Council of the Judicial Power shall consist of the President of the Supreme Court, who shal preside over it, and of twenty members appointed by the King for a five-year period, of which twelve shall be judges and magistrates of all the judicial categories, under the terms provided for by the organic act; four nominiated by the Congress and four by the Senate, elected in both cases by three-fifths of their members amongst lawyers and other jurists of acknowledged competence with more then fifteen years of professional practice.

Título VI. Del Poder Judicial, Artículo 122. (3)
El Consejo General del Poder Judicial estará integrado por el Presidente del Tribunal Supremo, que lo presidirá, y por veinte miembros nombrados por el Rey por un periodo de cinco años. De estos, doce entre Jueces y Magistrados de todas las categorías judiciales, en los términos que establezca la ley orgánica; cuatro a propuesta del Congreso de los Diputados, y cuatro a propuesta del Senado, elegidos en ambos casos por mayoría de tres quintos de sus miembros, entre abogados y otros juristas, todos ellos de reconocida competencia y con más de quince años de ejercicio en su profesión.

Additionally, the king appoints the State Public Prosecutor on the adivce of the government, according to Section 124.

Royal Household of the King

Royal Palace of Madrid

The Royal Household organization, constitutionally La Casa de Su Majestad el Rey, manages, supports, and facilitates the monarch and members of the royal family in fulfilling their constitutional and hereditary responsibilities and obligations. The royal household is funded through yearly budgets drafted by the government of the day in consultation with the monarch, and brought before the Cortes for approval, and then paid directly to the monarch.

The Royal Household coordinates with various government administration ministries, and receives their advice and support where needed, though in no way does the Royal Household form part of the government administration. Royal Household staff serve at the pleasure of the monarch, and does not resign when the Spanish government resigns during election cycles.

As a great deal of royal ceremonies and state events occur on Spanish royal sites, the Royal Household coordinates directly with the Patrimonio Nacional (National Heritage) in the planning, staging, and hosting of the events. Additionally, the Royal Household coordinates and liaisons with local municipalities and other organizations when ceremonies or state events occur there.

The Royal Household is managed by the Head of the Household who inspects and supervises the household services. The Secretary General serves as the deputy to the Head of the Household, and it is the Secretay General who coordinats and manages all the Household's services, as well as replacing the Head of the Household in the event of his absence or illness. The Spanish military is represented by the Head of the Military Chamber who is at the direct orders of the king. All three of these posts are considered senior management staff and are compensated at the level of senior government administration officials.

Annual Budget

According to subsection 64 of the 1978 constitution and subsequent organic acts, the monarch is entitled to compensation from the annual state budge for the maintience of his family and household administration, and freely distributes funds in accordance with the laws.

The annual budget pays the remunerations for senior management staff, management staff and career civil servants, other minor staffing positions, and for general office expenses. The Head of Household, Secretary General, and other management staff salaries must be comparable to other administration ministers within the government, though in no way do they form part of the government or administration. As such, the management staff experience increases, decreases, or freezes to their pay in accordance with the fluctuations of government minister salaries.

Additionally, the annual budget pays for the maintience and expenses of senior members of the royal family who undertake royal duties; which includes grocery, clothing, and toiletries allotments.

The budget approved by the Cortes for 2009 was just under 9 million euros.

Not included in the annual budget is the maintience and upkeep of royal residences, Spanish Royal Site and administered by Patrimonio Nacional on behalf of the government. Maintience and upkeep includes groundskeeping, domestic staffing and catering.

See also

• List of titles and honours of the Spanish Crown
• List of Spanish monarchs
• Royal Consorts of Spain
• Kings of Spain family tree
• Line of Succession to the Spanish Throne
• Politics of Spain

External links

• The Royal Household of His Majesty the King

de:König (Spanien)