The Administration In Spain

    The Administration In Spain

Democratic Constitution Of 1978

The democratic Constitution introduced in 1978 determines the rights and obligations of the citizens, the organs of government and is at the same time, the reference point for all other laws.

Hereditary And Constitutional Kingdom

Spain is a hereditary and constitutional Kingdom, with the King as Head of State.

Parliament

The Parliament is called "Las Cortes Generales" and is divided into two chambers, the "Congreso de Diputados" (lower chamber) and "Senado" (upper chamber). The government is the executive branch, but can also legislate. The Prime Minister is called "Presidente del Gobierno".

The Regions Have Wide Autonomy

In Spain, the regions have wide autonomy. They are called "Comunidades Autonomas" having their own governments and parliaments that may also pass laws in certain areas.

The Justice

The justice is independent from government and parliament, but the judges are appointed by government.


    The Town Hall

The Municipality Is The Basic Entity

The municipality is the basic entity in the territorial organisation of the state and where the citizens have the opportunity of most immediate participation in public matters.

High Degree Of Self-Government

The municipality today has a high degree of self-government in many areas.

Local Entities

The law classifies as entidades locales (local entities) the municipalities, the "comarcas" (group of municipalities covering part of a province), the provinces, the "cabildos" or "consejos" on the islands and other forms of collaborations between municipalities.

Municipality Is Governed In Accordance With Law 7/1985 On Local Rule

The municipality is governed in accordance with Law 7/1985 on local rule (Regimen Local) and other national and regional laws.

By-Laws

But it may also establish "reglamentos" (by-laws) on certain matters.

Local Elections

Local elections are held every fourth year. Voters are the Spanish citizens and residents from the EU states and Norway, registered in the "padron municipal" (register of inhabitants).

The voters elect between the lists proposed by the political parties or local independent groups, a number of "consejeros" (counsillors).

Election Of The Mayor And Others

The plenum of counsillors elects the mayor and other special charges.

Local Taxes And Charges

The town hall is mainly financed by local taxes and charges. The most important tax is the "Impuesto de Bienes Inmuebles", I.B.I., the local property tax.

Provincial Tax Collecting Agencies

Often this tax, as well as other local taxes and charges, are collected by provincial tax collecting agencies, like SUMA in the province of Alicante.

Grants And Transfers From National And Regional Governments

Another important source of income are grants and transfers from national and regional governments. Such grants are often given in relation to the number of registered inhabitants in the municipality.


    The Citizens

Those Who May Consider Themselves To Be Citizens

Both a non-resident property owner, paying local and state taxes, as well as someone renting accommodation for long term, may consider themselves citizens.

Becoming A Legal Resident

Anyone staying most of the year in Spain, may take out a residence permit (tarjeta de residencia) with the Ministry of Interior, and become legal residents.

The Importance Of Registration On The "Padron Municipal"

Very important is the registration on the "padron municipal", that takes place in the town hall (ayuntamiento).

You can enter the padron if you are living in the municipality all your time or part of it, as a property owner (bring with you the escritura) or as a tenant (take along the letting contract).

You do not need to be a legal resident to be registered on the padron. Call on the Foundation Institute Of Foreign Property Owners if a town hall says different.

Registration On The Padron Is Important Both For The Town Hall And For You

The registration on the padron is important for the town hall and for you.

The municipality gets certain grants and services from the government in relation to number of inhabitants registered.

If the local post office cannot cope with the amount of mail they are handling, it may very well be because so many of the foreign owners, sending or receiving letters and packages, have not registered on the padron!

Voters List For Municipal And European Elections

You must also be on the padron to be included in the voters list for the Municipal as well as the European elections.

If We Pay Taxes And Stay For Long Periods, We Are Citizens As Well As Guests

We foreigners are not only guests in Spain. If we are paying taxes and staying here for longer periods we are also citizens, and in accordance with the principles of the "European Citizenship" proclaimed by the European Union, we must participate and integrate.


    The Mayor And Councillors

Leadership And Responsibilities Of The Municipality

The "alcalde" (mayor) has the overall leadership of the municipality. Sometimes he has certain specific responsibilities as well. But mostly such responsibility is divided between the "consejeros" (counsillors). That can be finance, urbanistic matters and work, health, education and culture, sport, tourism and environment matters.

Departments And Services

The town hall is divided into different departments and services. It will always have a "registro" (register) where any written document may be presented. There will be a department for local taxes and charges (even if some of them are collected by provincial collection agencies) and a department for urbanistic planning and works.

If you have a matter to discuss with the local administration, you must find out which department or counsillor handles it. Some municipalities have information departments, and some even have information offices for the foreigners.

Decision Making

The mayor and the "pleno" make decisions. But often certain authorities are delegated to "comisiones", the most important being the "comision de gobierno" (government commission). The commissions may also be bodies where a matter be discussed before a decision taken by another part of government.

Attendance & Representation At Council Meetings

Citizens have the right to attend council meetings, and even to be heard on certain matters, especially if they represent registered associations.


    County Councils And Other Parts Of Government

Election Of Representatives To The "Diputaciónes Provinciales" (County Councils)

All the municipalities in each province of Spain elect representatives to the "Diputaciónes Provinciales" (county councils), that deal with all matters common to those municipalities, like roads leading from one town to another, installation of a joint sewage plant, etc.

Finance

There are no direct taxes to the diputaciones (councils), they are financed by the municipalities and by regional and national governments.

Location Of Headquarters

The seats of the diputaciones are always in the provincial capitals.

Offices Of National Or Regional Government In Provincial Capitals

In the provincial capitals you also have certain "delegaciones" or "oficinas territoriales" from national or regional government (unless the provincial capital is also the seat of regional government).

This can be "Oficina de Extranjeros" under the Ministry of Interior, where you apply for or renew the residence permit (in some municipalities this can also be done at police stations with a foreigners department).

Or it can be the "Delegaciósn de Hacienda" (delegation of the Ministry of Finance, dealing with your government taxes.

Or "Jefatura de Trafico" where you change the ownership of a car or change your national driver licence for a Spanish one.

Or it can be the "Oficina Territorial de Urbanismo" from the regional government, dealing with the urbanistic matters of your province.

Ombudsmen

Several of the regions have their own "ombudsman", in addition to the national ombudsman, called "Defensor del Pueblo".


    Courts And Police

The Courts

In most municipalities you have a "Juzgado de Paz" (Court of Peace) that acts as a consiliation court for civil disputes.

Then you have the first ordinary court, called "Juzgado de Primera Instancia".

In addition you have provincial, regional and national courts, the supreme court and the constitutional courts.

European Court

Before being able to take a matter to a European court, you must first present your case to the courts in Spain.

The Three Police Forces

There are 3 police forces: "Policia municipal" dealing with local matters like local traffic, "policia nacional" dealing with all other matters (and also having foreigners departments in bigger cities), and the "Guardia Civil", mainly attending to criminal matters, but also traffic on national roads.

The Appropriate Courts For Disputes & Offences

If you have a dispute with your neighbour about dividing walls or fences, you can bring the matter to the Juzgado de Paz.

If you go to court (or are being taken to court by someone) in a more serious civil matter (for instance against a builder for not finishing the construction of your house) you go to the "Juzgado de Primera Instancia" (in most cases you must be represented by a lawyer).

If the dogs are barking all night on your urbanisation, you go to the municipal police.

If your house has been broken into or your purse stolen, you make the "denuncia" at the station of the national police or the Guardia Civil.

Avoid Using Courts If Possible

The courts in Spain are overloaded and often work slow. The best advice is to avoid having to use the courts, for instance by getting complete information and taking advice before acting or signing any kind of contracts.


    Ordenanzas, Reglamentos And Bandas

Get To Know What These Three Words Mean

When living in Spain, you should know the content of these three words.

"Ordenanza"

An "ordenanza" is an order, issued by the municipal government, for instance that it is forbidden to throw waste outside the areas especially marked for this, or not to make excessive noise during certain hours.

"Reglamentos"

"Reglamentos" are a set of rules for certain areas of life in the municipality, for instance the rules for land use and construction.

"Banda"

A "banda" is a proclamation by the mayor, for instance reminding the citizens about the payment of local taxes or charges.

Examples

If there is a lot of noise outside your dwelling at night, you can visit the town hall and ask if there are any ordenanzas regulating this, for instance telling dog owners to keep their dog quiet or inside their house during the night.

Or if you think a neighbour has built a shed too close to your border, you can ask for the reglamento on distances in such cases.

Display Of Ordenanzas And Bandas

Ordenanzas and bandas are often exhibited in the different places outside the town hall.