CONSTITUTIONAL REFORM IN SPAIN

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00927A005600050003-5
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 9
• Document Creation Date: December 20, 2016
• Document Release Date: March 24, 2006
• Sequence Number: 3
• Publication Date: January 20, 1967
• Content Type: SUMMARY

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DIRECTORATE OF
INTELLIGENCE
WEEKLY SUMMARY
Special Report
Constitutional Reform in Spain
Secret
20 January 1967
NSo. 0273/67B
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CONSTITUTIONAL REFORM IN SPAIN
The constitutional law which the Spanish people
approved in a referendum last month improves the
framework for transition from Generalissimo Franco's
personal rule. It makes some cautious changes which
will not immediately weaken Franco's position of au-
thority, but which in time could have liberalizing
effects. The new law, while it reconfirms Spain as a
monarchy, leaves open the question as to whether
Franco will be succeeded by a king, or by a regent
who might continue the present regime. By separat-
ing the powers of the chief of state from those of
the chief of government, the law opens up the possi-
bility of evolution toward a governmental system more
responsive to Spain's social and economic needs than
the present one.
The regime conducted a massive propaganda cam-
paign to turn out a large affirmative vote and re-
fused the opposition equal use of news media. These
actions plus the overwhelming expression of public
approval obtained--89 percent of the voters turned
out and gave an affirmative vote of 96 percent--lend
credibility to opposition charges that the new law
was steam-rollered through without adequate debate.
Monarchy or Regency
The 1947 Law of Succession,
which makes Franco chief of state
for life, is retained with some
amendments. Franco, thus, still
has the authority--but is under
no obligation--to name either a
king or a regent as his successor.
If he dies without having desig-
nated anyone, the problem goes to
the cabinet and the Council of the
Realm, a group whose chief func-
tion is to help select a successor.
A two-thirds vote of those two
bodies meeting in a joint continu-
ous secret session is required
to make a choice. This must be
ratified or rejected by the Cortes
(legislature), which must meet
within eight days.
The new law provides that
the cabinet and Council of the
Realm may make a second recom-
mendation if their first is not
acceptable to the Cortes. This
provision might reduce the chances
of the chief pretender, Don Juan
de Borbon, since it offers a way
of "legally" passing him over
in favor of his son, Juan Carlos.
Should no royal candidate be
found acceptable, the nominating
body may name a regent, who must
also be approved by the Cortes.
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xecutive Power Divided
T'he chief innovation in the
new Law is the provision for a
chief of government distinct from
the chief of state. The chief of
government is to be appointed for
a five-year term by the chief of
state from three names submitted
by the Council of the Realm. The
chief of government recommends to
the chief of state the appoint-
ment or removal of cabinet minis-
ters? He will not be responsible
to the legislature, and only the
chief: of state will be able to
remove him, with the assent of the
Council of the Realm. His duties
include representing the govern-
ment, directing general policy,
and assuring coordination of all
government and administrative or-
gans, He will act on behalf of
the chief of state as leader of
the so-called National Movement,
reaffirmed in the constitution as
the only legal political organiza-
tion in Spain.
Franco has given no indica-
tion he intends to appoint a chief
of government in the near future.
There is some speculation that
the present vice president of gov-
ernment, General Munoz Grandes,
may be appointed for a few months
as an honor toward the end of his
career. After that, the choice
may come from among such other
truss=ed members of the regime as
Admirals Luis Carrero Blanco or
Pedro Nieto, both now in the cab-
inet, or Antonio Iturmendi, the
president of the Cortes. If the
intent is to ensure a smooth tran-
sition on Franco's demise, a man
younger than any of these may be
chosen in order to avoid a further
and perhaps more disruptive
transfer of power later.
Chief of State's Powers
According to the new consti-
tution, the chief of state "per-
sonifies the national sovereignty,
exercises the supreme political
and administrative power, repre-
sents the National Movement,
sanctions and promulgates laws,
serves as commander in chief of
the military services, and over-
sees maintenance of internal pub-
lic order and external security."
Article 8 of the constitution,
however, stipulates that every-
thing the chief of state does in
the exercise of his authority must
be endorsed in specific instances
either by the chief of government,
the minister involved, the presi-
dent of the Cortes, or the presi-
dent of the Council of the Realm.
Although Franco's exercise of
power is in practice unlikely to
be affected, this provision would
make possible a transition to a
king or regent who reigned but
did not rule. In such an even-
tuality, the chief of government
would be the actual wielder of
power in the country. Franco is
unlikely to step down as chief
of state in his lifetime. If a
strong personality were to succeed
him as chief of state, however,
a conflict might develop despite
the checks provided by Article 8.
Council of the Realm
Under the new law, the Coun-
cil of the Realm is retained, but
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becomes the principal consulta-
tive body to the chief of state.
The Cortes elects ten of the
council's members, and the remain-
ing seven are regime officials
serving ex officio. In addition
to its role in choosing a chief
of state, the council is to par-
ticipate in selecting a new head
of government or a president of
the Cortes by proposing a slate of
three candidates in each case,
from which the chief of state is
to choose one. The Cortes-elected
majority in the council thus could
control designation of the candi-
dates. Under present circumstances
this is a relatively superficial
liberalization of the system,
since the membership of the Cortes
itself is still largely appointive.
The council can also remove the
head of government if two thirds
of its members decide that he is
incapacitated.
which have the force of law. These
principles are general moral and
social precepts, except for the
eighth, which outlaws other po-
litical organizations. The Na-
tional Council is also assigned
such tasks as preparing youth to
understand the principles of the
Movement, and providing a channel
for the expression of different
political opinions.
The latter function is a
tacit admission that the regime's
long-standing denunciation of po-
litical parties has failed to
eliminate divergent opinion. Al-
though the National Council ini-
tially is unlikely to display
divergencies, since it will be
composed largely of loyal members
of the regime, it may eventually
serve as an outlet for expression
of political differences.
The Council of the Realm also
has the nature of a constitutional
court. It can consider charges
that a law or governmental action
violates the fundamental laws, and
indicate to the chief of state
what action should be taken.
National Council
A new body of some.112 mem-
bers, slightly more than half of
whom are elected-rather than ap-
pointed, the National Council re-
places the old National Council of
the National Movement, which was
set up to participate in the re-
gime's policy making but never
did so. It is charged with the
"protection" of the Movement and
its code of twelve principles
The National Council is a
purely advisory body. It makes
suggestions and reports to the
cabinet, and issues formal appeals
to the Council of the Realm, which
decides what recourse to take. The
National Council was evidently
created to give the members of the
National Movement some feeling of
participation in the government.
Since another provision of the
new law divorces the labor syndi-
cates from the Movement, the Tat-
ter's powers in the government
are greatly reduced.
The Cortes
Under the new law, the com-
position of the membership of the
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Cortes
is also to be changed.
About
100 members (two from each
province or approximately a
fifth
of the
membership) are
to be
di-
rectly
elected. Voters
will
in-
clude
heads of families
and
their
wives.
Formerly, women
could
vote
only in the rare national ref-
erenda and in local elections if
they were heads of households.
The large majority of the Cortes
will continue to be chosen by in-
direct elections in the labor
syndicates, professional associa-
tions, municipalities, and other
institutions, and will have a num-
ber of ex officio members. Rep-
resentation allowed some groups
will be changed somewhat so that
the new Cortes will have a bit
less than the present membership
of just over 600.
The powers of the Cortes are
still limited. The head of gov-
ernment is not responsible to it.
The chief of state's power to is-
sue "decree laws" for "reasons of
urgency" is continued, although
he must consult a special commit-
tee of the Cortes beforehand.
Moreover, the chief of state may
prorogue the Cortes or return any
law passed by it for further study.
The Defense Council
Another innovation established
by the new law is the Defense Coun-
cil, made up of the chief of gov-
ernment, the ministers of the mil?-
itary departments, and the chiefs
of staff of the High General Staff
and of the individual services.
it is charged with proposing to
the council of ministers general
policy concerning security and
national defense. Several Spanish
observers have noted that the
Defense Council, using the sweep-
ing powers granted to the armed
forces in Article 37 to guarantee
national security and defense of
the institutional order, may im-
pose its own interpretation of the
constitution in times of crisis.
This opinion thus holds that the
army now has legal authority to
play a major role in arranging
the succession to Franco.
Other Significant Changes
In another amendment, the
principle of religious liberty
for non-Catholics is proclaimed
as a legal right protected by
the state. Thus the toleration
of non-Catholic churches which
has become the informal prac-
tice in the past few years will
be formally recognized. The new
rights are to be spelled out in
a. law to be passed by the Cartes.
Also important is the revi-
sion of the labor code to free
the labor syndicates from super-
vision by the National Movement,
and the abolition of the re-
quirement of "vertical syndical-
ism," which required labor and
management in a particular indus-
try to be organized in the same
syndicate. The organization of
the new syndicates is, however,
to be worked out in a law to be
passed by the Cortes. Some au-
tonomy may be allowed, but it is
doubtful that labor organizations
will be completely freed from gov-
ernmental control.
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Appraisal
Much will depend on the ad-
ditional laws that must be passed
to implement the new constitution
as well as on the personalities
selected to fill the position of
chief of the government, and later,
chief of state, and the timing of
the change. The prohibition of
political parties is a setback
to opponents of the regime, al-
though they are already talking
of forming discrete informal
associations. The elections to
the Cortes may provide a forum
for expression and the possibility
of electing individuals opposed
to the regime. The introduction
of direct elections for even a
part of the Cortes may set the
precedent for an extension of this
privilege. Thus, the law marks
a turning away from rigid authori-
tarianism in the direction of
gradual liberalization on a course
that would be difficult to re-
verse.
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