Representation:
Regional level:
Regional representation is effective in Spain through governmental channels and, more specifically, through the Senate as the chamber of territorial representation, which established the General Commission of Autonomous Communities in 1994. The Commission, which holds legislative powers, is composed of Senators, Deputies of Autonomous parliaments, presidents of Autonomous Governments or their representatives and the President or Members of the central Government. Its main functions include: the revision and information of senatorial legislative initiatives in light of their “Autonomous content", which constitutes the only moment of the legislative process when the Autonomous Communities can intervene; the authorisation of agreements of cooperation between Autonomous Communities; the management of the Territorial Compensation Fund; the definition of the executive measures to be implemented under Article 155 of the Constitution; to dictate the need for regulation that harmonizes autonomic laws; to liaise with the central government on matters related to the Autonomous Communities. Nevertheless, the effectiveness of this Commission has so far been rather limited due to a very low level of participation of the Autonomous Communities' governments.
Intergovernmental participation has increased since the mid-1990s. It has been channelled mainly through the sectoral conferences. Created in 1992, these conferences are composed of the Ministry and the Regional government councillor of each sectoral conference's specific field. It should be noted that their number may vary as of March 2019, there are 40 of them). Collaboration is voluntary so that the agreements made are binding only to those who sign them. Different sectoral laws allocate concrete capacities of participation to the sectoral conferences. With some exceptions, all of them are limited to information, consultation and proposal.
In 2004 the national Government created the Conference of Presidents, formed by the President of the national Government and the Presidents of the 17 regional Governments and of Ceuta and Melilla. It ensures coordination among the different executive powers and tackles key aspects of the autonomic system. It does not have concrete normative or administrative powers but its decisions have a strong political weight. It also plays a coordinating and directive role for all of the Governments and sectoral conferences. The last Conference of Presidents took place on the 17th of January 2017 and adopted agreements on employment policies, civil protection, education, social inclusion, energy, the welfare state, reform of the financing system, participation of the Autonomous Communities in EU affairs and gender violence. During the COVID-19 crisis, regular Conference of Presidents took place weekly to explain the decisions taken by the Government under the state of alarm.
The Commissions for Bilateral Cooperation were conceived since the 1980s as bodies for bilateral cooperation between the state and the Autonomous Communities. They are regulated by law and the agreements reached must be complied with by both administrations. Only the following Autonomous Communities have bilateral commissions with the central government: Catalonia, Andalucia, Aragon and Castilla y Leon.
Finally, the central government's Treasury Ministry has several bodies to channel its relations with the Autonomous Communities. The most important body is the Board of Fiscal and Financial Policy, which was created in 1980 to facilitate the coordination between the financial activity of the Autonomous Communities and the State Treasury. In addition, this Ministry maintains bilateral relations with certain Autonomous Communities, especially (but not limited to) those with special financial powers (the Basque Country and Navarra).
Local and provincial level:
The Provinces and Municipalities are represented by the Federation of Spanish Municipalities and Provinces (Federación Española de municipios y provincias – FEMP) pursuant to the Law 7/1985.
In addition, different Municipalities of the same Autonomous Community may form associations in order to represent their interests. As of today, all the Autonomous Communities have one or even two territorial federations at sub-regional level representing their Provinces and Municipalities. Most of them have signed collaboration protocols with the FEMP.
Information and consultation:
Regional level:
Information and consultation take place mainly through the sectoral conferences and their working groups. Although some specific laws provide for some concrete consultation obligations, consultation is a general political principle which always applies. However, the effects of the consultations are usually solely political.
There is no general legal framework or practice establishing consultation at the parliamentary level. It only exists in some specific cases provided by the law (such as some provisions on public health, social services, fiscal and public debt, etc.)
Local and provincial level:
Regarding the local level, the National Commission of Local Administration (CNAL) is a permanent body enabling coordination between the central and local administrations, although consultation is not mandatory. It issues opinions on legislation having a local/regional impact. In addition, FEMP is consulted for each legislative proposal by the relevant ministry.[1]
Coordination:
Vertical coordination:
Regional level:
Daily coordination takes place via the working groups of the sectoral conferences and on an informal basis. The Sectoral Conferences are bodies of multilateral cooperation thanks to which the State and the government of the Autonomous Communities cooperate on concrete sectors of the public activity, and are thus the main means of coordination between both level of governments. This system represents the main pillar of inter-administrative cooperation in Spain. There are more conferences than ministries, since the former are very specialised. The Conference for European Affairs is one of such conferences (more information can be found in the box on the relationships with the EU).
In addition, there are bilateral commissions between the State and the different Autonomous Communities, where both Governments discuss aspects of mutual interest. The role of these commissions has been strengthened by the recent reforms of the Statutes of Autonomy, although the role of the sectoral conferences is maintained.
Finally, the State may conclude bilateral agreements with Autonomous Communities. In practice, bilateral agreements are very commonly adopted (more than 1000 per year). They normally follow a general model for all the Autonomous Communities, but they are signed on a bilateral basis.
Local and provincial level:
Coordination with local authorities is ensured through CNAL, as well as via local pacts[2].
Also, local pacts have been incrementally used for cooperation between Autonomous Communities and local authorities.
Horizontal coordination:
Regional level:
Horizontal coordination has had a very low development in Spain. Only in recent years did the Autonomous Communities create the COPREPA (Conferencia de Presidentes de Parlamentos Autonomicos Espanoles), which brings together the presidents of the regional parliaments and which has reached some agreements. As of today, its future development is undetermined, and it lacks the general scope and daily practice which are necessary to ensure a real and efficient horizontal coordination. Autonomous Communities may also sign coordination agreements amongst themselves on the basis of Art. 145.2 of the Constitution. Nonetheless, the Constitution explicitly prohibits the federation of Autonomous Communities.
Local and provincial level:
Municipalities may sign cooperation agreements amongst themselves and form associations of Municipalities.
Autonomous Communities may also create a proper second-level of local administration (comarcas), which may be either based on an association of Municipalities or on an independent administration with cooperative functions.
Coordination in EU matters
A special sectoral conference, the Conference for the European Union affairs (CARUE in its Spanish abbreviation), is a key instrument of cooperation between the State and the Autonomous Communities in EU matters. It is composed of the national ministry and the regional ministries with competences in public administration's relations.
The CARUE has been responsible for regulating a participation procedure of the Autonomous Communities in EU matters, which takes place through the sectoral conferences and provides for the direct representation of the Autonomous Communities in the Spanish delegation in some working groups of the European Commission and, since 2004, in the Spanish delegation in the Council.
In 2006, CARUE adopted a guide of good practices establishing a system of transmission of information and the criteria for the nomination of a regional representative in the Council of the EU. The last reform of the Rules of Procedure of CARUE took place in February 2017. The essential innovations of the reform increase the importance of the role of the central government in the CARUE, as it is established that whenever the central government coordinates the meetings, the agreements will be mandatory, and that CARUE's working groups must be presided by a representative of the central government. Finally, experts may be included in the working groups.
[1] Council of European Municipalities and Regions, Study on ´Consultation procedures within European States´, 2007, pp 203-208.
[2] The first Local pact was signed in 1996.
