Nationalities and Regions of Spain - The State of Autonomies

The State of Autonomies

The constitution aimed to devolve self-government to both nationalities and regions, if the latter so desired, which were to be constituted as autonomous communities, yet making an implicit distinction between the two groups in the level of competences that were to be devolved, and in the way they were to attain self-government — the three "historical nationalities" (Catalonia, Galicia and the Basque Country) were granted a simplified "fast-track" process, while the rest of the regions had to follow a specific set of requirements. Thus the process was purposely intended to be asymmetrical in nature. The autonomous communities were to be formed from the existing provinces, a division of the centralizing regime of the early nineteenth century: an autonomous community could be created by a province or group of provinces with common historical, cultural and economical features. Yet, the outcome was not predictable; the constitution created a process for devolution, but it differed from other legislations in two main aspects. First, it did not specify the name or number of the autonomous communities that would integrate the Spanish nation, and secondly, the process was voluntary in nature: the regions themselves had the option of choosing to attain self-government or not. This unique process of territorial administration was called the "State of Autonomies". Though highly decentralized, this system is not a federation, in that there was still ambiguity with regards to the power attributed to the regions, even though they can still negotiate them with the central government.

While the constitution was still being drafted, there was a demonstration in Andalusia, which sought to be recognized as a "nationality" as well, and to be granted self-government also through a rapid process. This opened a phase that was dubbed in Spanish as "café para todos", "coffee for all", which meant that all regions would be "served the same" — that is, that all nationalities and regions would accede to self-government in roughly the same degree, even if at different paces. Catalonia, the Basque Country and Galicia acceded to autonomy via the fast-track route established in the 151st article of the constitution, with all competences granted, because in the past they had approved a Statute by referendum and they had already established a pre-autonomic provisional government. Andalusia was able to take this route after a referendum in 1980. The rest, had the opportunity to accede to autonomy via the slower route established by the 143rd article, with a lower level of competences during a provisional period of five years, after which there was to be a progressive transference of competences, that would roughly equalize all communities. One particular exception was granted to both the Basque Country and Navarre in that their fueros or "medieval charters" that had granted them fiscal autonomy were restored. While Navarre, a Basque-speaking province, chose not to form part of the soon-to-be formed autonomous community of the Basque Country, it followed a different route of devolution, precisely because of the reinstitution of the medieval charters, and it is nominally known as a "chartered community", as opposed to an "autonomous community". (Both the Basque Country and Navarre are considered "communities of chartered regime", that is, with fiscal autonomy. They collect their own taxes and send a prearranged amount to the central government. The rest of the communities are considered to be of a "common regime"; currently they administer taxes only partially. The taxes collected from "common regime" communities are administered centrally and distributed amongst them all for fiscal equalization).