Spanish transition to democracy

Juan Carlos I before the Cortes Españolas, during his proclamation as King on 22 November 1975

General Francisco Franco came to power in 1939, following the Spanish Civil War (1936–1939), and ruled as a dictator until his death in 1975. In 1969, he designated Prince Juan Carlos, grandson of Spain's most recent king, Alfonso XIII, as his official successor. For the next six years, Prince Juan Carlos remained in the background during public appearances and seemed ready to follow in Franco's footsteps. Once in power as King of Spain, however, he facilitated the development of a constitutional monarchy as his father, Don Juan de Borbón, had advocated since 1946.

King Juan Carlos I began his reign as head of state without leaving the confines of Franco's legal system. As such, he swore fidelity to the Principles of the Movimiento Nacional (National Movement), the political system of the Franco era; took possession of the crown before the Francoist Cortes Españolas; and respected the Organic Law of the State for the appointment of his first head of government. Only in his speech before the Cortes did he indicate his support for a transformation of the Spanish political system.

The transition was an ambitious plan that counted on ample support both within and outside of Spain. Western governments, headed by the United States, now favoured a Spanish constitutional monarchy, as did many Spanish and international liberal capitalists. The spectre of the Civil War still haunted Spain. Francoists on the far right enjoyed considerable support within the Spanish Army, and people of the left distrusted a king who owed his position to Franco. The Kings legitimacy rested on this appointment; his father, Don Juan, did not renounce his claim until 14th May 1977.[8]

For the transition to succeed, the army needed to refrain from intervening in the political process on behalf of Francoist elements within the existing government. As Raymond Carr explains,[9]

In containing the right and keeping the army loyal to the government the support of the King, as commander-in-chief of the army, was critical, enabling the government to retire factious generals who regarded it as their duty to maintain the existing constitution.

Manuel Fraga Iribarne, the most important Minister of the Arias Navarro government

The King did not initially appoint a new prime minister, leaving in place the incumbent head of government under Franco, Carlos Arias Navarro. Arias Navarro had not initially planned a reform of the Francoist regime; in the National Council of the Movement, an advisory assembly of the ruling FET y de las JONS (Falange) party and other groups in the Movimiento Nacional, he declared that the purpose of his government was the continuity of Francoism through a "democracy in the Spanish way" (Spanish: democracia a la española).[10][11] He believed political changes should be limited: he would give the parliament, the Cortes Españolas, the task of "updating our laws and institutions the way Franco would have wanted".[12]

The reform programme adopted by the government was the one proposed by Manuel Fraga, rejecting Antonio Garrigues' plan to elect a constituent assembly. Fraga's programme aimed to achieve a "liberal democracy" that was "comparable to the rest of the Western European countries" through a "gradual and controlled process", through a series of reforms of the pseudo-constitutional Fundamental Laws of the Realm. This is why his proposal was dubbed as a "reform in the continuity", and his support came mostly from those who defended a Francoist sociological model.[13]

In order for reform to succeed, it had to earn the support of the hardcore Francoist faction known as the Búnker, which had a major presence in the Cortes and the National Council of the Movement, the two institutions that would have to eventually approve the reforms of the Fundamental Laws. It also had to garner support within the Armed Forces and in the Spanish Labour Organisation. It also needed to appease the democratic opposition to Francoism. The approach towards the dissenters was that they would not be part of the reform process, but would be allowed to participate in politics more generally, with the exception of the Communist Party of Spain (Partido Comunista de España, PCE).[13] This conservative reform was partly inspired by the historical period of the semi-democratic Bourbon Restoration (1876–1931), and was criticised for not taking into account the social and political circumstances of the time.[14]

The project coalesced into a proposal to reform three of the Fundamental Laws, but the exact changes would be determined by a mixed commission of the Government and the National Council of the Movement, as proposed by Torcuato Fernández-Miranda and Adolfo Suárez.[15] The creation of the commission meant that Fraga and the reformists lost control of much of the legislative direction of the country;[16] the reformists had been planning updated "Laws of Assembly and Association", which included a reform of the Spanish Criminal Code. Even so, the new Law of Assembly was passed by the Francoist Cortes on 25 May 1976, allowing public demonstration with government authorization.[17] On the same day the Law of Political Associations was also approved, supported by Suárez, who affirmed in parliamentary session that "if Spain is plural, the Cortes cannot afford to deny it". Suárez's intervention in favor of this reform shocked many, including Juan Carlos I.[10] This intervention was key in Juan Carlos' decision to appoint Suárez as Prime Minister in the following month.[18]

The Arias-Fraga reform collapsed on 11 June, when the Cortes rejected changes to the Criminal Code, which had previously made it a crime to be affiliated with a political party other than FET y de las JONS.[19] The members of the Cortes, who vehemently opposed the legalization of the Communist Party, added an amendment to the law that banned political organizations that "submitted to an international discipline" and "advocated for the implantation of a totalitarian regime". Javier Tusell pointed out that "those who in the past were in bed with totalitarianism now felt entitled to prohibit the totalitarianism of others". The reforms of the Fundamental Laws governing royal succession and the composition of the Cortes, designed by Fraga, also failed. Fraga had intended to make the Cortes bicameral, with one chamber elected by universal suffrage and the other having an "organic" character.[20][21]

Adolfo Suárez in 1980

Torcuato Fernández-Miranda, the president of the Council of the Realm, placed Adolfo Suárez on a list of three candidates for King Juan Carlos to choose to become the new head of government, replacing Arias Navarro. The king chose Suárez because he felt he could meet the challenge of the difficult political process that lay ahead: persuading the Cortes, which was composed of appointed Francoist politicians, to dismantle Franco's system. In this manner, he would formally act within the Francoist legal system and thus avoid the prospect of military intervention in the political process. Suárez was appointed as the 138th Prime Minister of Spain by Juan Carlos on 3 July 1976, a move that, given his Francoist past, was opposed by leftists and some centrists.

As Prime Minister, Suárez quickly presented a clear political program based on two points:

• The development of a political reform bill, which, once approved by the Cortes and the Spanish public in a referendum, would open the constituent process for creating a liberal democracy in Spain.
• Democratic elections to be held in June 1977 to elect a Cortes charged with drawing up a new democratic constitution

This program was clear and unequivocal, but its realization tested the political capacity of Suárez. He had to convince both the opposition to participate in his plan and the army to allow the process to run uninterrupted, and at the same time needed to bring the situation in the Basque Country under control.[9]

Despite these challenges, Suárez's project was carried out without delay between July 1976 and June 1977. He had to act on many fronts during this short period of time in order to achieve his aims.

Federica Montseny speaking at the meeting of the CNT in Barcelona in 1977, after 36 years of exile

The draft of the Political Reform Act (Ley para la Reforma Política) was written by Torcuato Fernández-Miranda, speaker of the Cortes, who handed it over to the Suárez government in July 1976. The project was approved by the Suarez Government in September 1976.[22] To open the door to parliamentary democracy in Spain, this legislation could not simply create a new political system by eliminating the obstacles put in place by the Franco regime against democracy: it had to liquidate the Francoist system through the Francoist Cortes itself. The Cortes, under the presidency of Fernández-Miranda, debated this bill throughout the month of November; it ultimately approved it, with 425 votes in favor, 59 against, and 13 abstentions.

The Suárez government sought to gain further legitimacy for the changes through a popular referendum. On 15 December 1976, with a 77.72% participation rate, 94% of voters indicated their support for the changes. From this moment, it was possible to begin the electoral process (the second part of the Suárez program), which would serve to elect the members of the Constituent Cortes, the body that was to be responsible for creating a democratic constitution.[23]

With this part of his plan fulfilled, Suárez had to resolve another issue: should he include the opposition groups who had not participated at the beginning of the transition? Suárez also had to deal with a third problem: coming to terms with the anti-Francoist opposition.

People waiting to vote in the 1977 general election, the first free election since 1936.

Affected by the delayed 1973–1975 recession, workers went on strike across Spain. This man begs contributions for the strikers of the assembly sector of Biscay in 1977.

Political posters in an exhibition, celebrating 20 years of the Spanish Constitution of 1978

The elections held on 15 June 1977 confirmed the existence of four important political forces, at the national level. The votes broke down in the following manner:

• Union of the Democratic Centre (UCD, Unión de Centro Democrático): 34.61% and 165 seats
• Spanish Socialist Workers' Party (PSOE, Partido Socialista Obrero Español): 29.27% nd 119 seats
• Communist Party of Spain (PCE, Partido Comunista de España): 9.38% and 19 seats
• People's Alliance (AP, Alianza Popular): 8.33% and 16 seats[25]

With the success of the Basque Nationalist Party (Basque: EAJ, Euzko Alderdi Jeltzalea; Spanish: PNV, Partido Nacionalista Vasco) winning 8 seats and the Democratic Pact for Catalonia (PDC, Pacte Democrátic per Catalunya) winning 11 seats in their respective regions, nationalist parties also began to show their political strength in these elections.

The Constituent Cortes (elected Spanish parliament) then began to draft a constitution, in the middle of 1977. In 1978, the Moncloa Pact was passed: an agreement amongst politicians, political parties, and trade unions to plan how to operate the economy, during the transition.[26] The Spanish Constitution of 1978 went on to be approved in a referendum, on 6 December 1978.[27]

Prime Minister Adolfo Suárez's party, the UCD, received a plurality, but not an absolute majority, in both the June 1977 and March 1979 elections. To exercise power, the UCD had to form parliamentary coalitions with other political parties. From 1979, the government spent much of its time working to hold together the many factions within the party itself, as well as their coalitions. In 1980, the Suárez government had, for the most part, accomplished its goal of a transition to democracy and lacked a further clear agenda. Many UCD members were fairly conservative and did not want further change. For example, a bill to legalize divorce caused much dissension inside the UCD, in spite of being supported by the majority of the populace. The UCD coalition fell apart.

The clashes among the several factions, inside the party, eroded Suárez's authority and his role as leader. The tension exploded in 1981: Suárez resigned as the head of government, and Leopoldo Calvo Sotelo was appointed, first to lead the new cabinet, and later, to the presidency of the UCD; social democrats led by Francisco Fernández Ordóñez defected from the coalition, later joining the PSOE, while Christian democrats left to form the People's Democratic Party.

While the democratic normalization had succeeded in convincing ETA (pm), the "political-military" faction of ETA, to abandon arms and enter parliamentary politics, it did not stop the continuation of terrorist attacks by ETA (m) ("ETA Military"; later simply "ETA") or to a lesser extent, GRAPO. Meanwhile, restlessness in various sections of the armed forces created fear of an impending military coup. Reactionary elements in the army attempted a coup known as 23-F, in which Lieutenant Colonel Antonio Tejero led an occupation by a group of Guardia Civil of the Congress of Deputies, on the afternoon of 23 February 1981. The coup leaders claimed to be acting in the king's name. However, early on the following morning, Juan Carlos gave a nationwide speech unequivocally opposing it, saying that "the Crown, symbol of the permanence and unity of the nation, will not tolerate, in any degree whatsoever, the actions or behavior of anyone attempting, through use of force, to interrupt the democratic process." The coup was broken later that day, but demonstrated the existence of insurrectionary elements within the army.

Calvo Sotelo dissolved parliament and called for elections in October 1982. In the 1979 election, the UCD had achieved a plurality, but in 1982, it suffered a spectacular defeat with only 11 seats in the Parliament. The 1982 elections gave an absolute majority to the PSOE, which had already spent many years preparing its image of an alternative government.

At the 28th Congress of the PSOE in May 1979, secretary-general Felipe González resigned, rather than ally with the strong revolutionary elements that seemed to dominate the party. A special congress was called that September, and realigned the party along more moderate lines, renouncing Marxism and allowing González to take charge once more.

Throughout 1982, the PSOE confirmed its moderate orientation and brought in the social democrats, who had just broken from the UCD.

Winning an absolute majority in parliament in two consecutive elections (1982 and 1986), and exactly half the seats in 1989, allowed the PSOE to legislate and govern without establishing pacts with the other parliamentary political forces. In this way, the PSOE could make laws to achieve the goals of its political program, "el cambio" ("the change"). At the same time, the PSOE led many local and regional administrations. This comfortable political majority allowed the PSOE to give the country a long period of tranquility and stability, after the intense years of the transition.

• LOC Country Studies-Spain Post-Franco Era
• Voices of the Transition – A Political History of Spain, 1975–1982 Archived 2009-05-03 at the Wayback Machine
• Spain: Dictatorship to Democracy and After, 1975–2007
• The economy during the transition Archived 2016-09-07 at the Wayback Machine