Spanish Council of State

Coordinates: 40°24′53″N 3°42′47″W / 40.41472°N 3.71306°W / 40.41472; -3.71306
Source: Wikipedia, the free encyclopedia.
This article is about the consultative body. For the Spanish cabinet, see Council of Ministers (Spain).
Council of State
Consejo de Estado
President
Magdalena Valerio (since 2022)
Budget
€ 13.96 million (2022)[2]
Employees
140 (31 December 2020)[3]
Websitewww.consejo-estado.es

The Council of State (

Carlos I established it in 1526. During the Ancien Régime
, the Council of State advised the King about foreign policy.

History

The council as the body through which the monarchs ruled their territories has its origins in the

King Ferdinand the Catholic
.

Foreign affairs council (1522–1834)

King Charles I inherited vast territories through Europe and decided to create a new council called «of State» due to the enormous foreign policy that marked his reign. This council started its duties in 1526 when Sultan Suleiman the Magnificent threatened Spanish possessions in Austria
.

It was the only Council that did not have a president, because it was the

Duke of Alba or Nicolás Perrenot. The councilors were, therefore, members of the high nobility and the high clergy. In times of Philip II sometimes the monarch did not preside over the councils and, in his place, sent to its secretary Antonio Perez
.

It had a great influence during the reigns of Charles I and

Manuel de Godoy
wished to revive it in 1792.

Unlike the Council of Castile, in which the King listened to the councilors and executed the conclusions presented to him, in the Council of State was the King himself who exposed the points to be discussed, listened to his advisors and, subsequently, the same monarch made the decisions that were to be made.

Supreme consultative council of the Government (1812–today)

The Council of State has existed intermittently during 19th and 20th centuries. The

King Ferdinand VII
restored absolutism. The Constitution configured the council as a King-control-body forcing the King to take to the council important issues like the sanction of the laws, the declaration of war or the conclusion of treaties that in any case the sovereign could undertake without having previously "heard" the council.

With the death of the King in 1833, the year later the council was abolished and the Royal Council of Spain and the Indies was created instead as a superior consultative body but was abolished in 1836. In 1845, under the name of Royal Council the body was restored and for the first time the Presidency of the council was granted to the Prime Minister. In 1858 the original name recovered and since then the council has been regulated by numerous laws, the latest in 1980.

Nowadays the Council of State continues being the main and superior consultative body of the Government, but since 1991 some economic and social competencies have been transferred to the Economic and Social Council.

Current organization

The Council of State has its headquarters in the

Palace of the Councils, Madrid. (LOCE § 1.3) The Organic Law of the Council of State establishes The council as the supreme consultative body of the Government. As its main capacity it oversees the observance of the Constitution and the rest of the legal system by giving advice either when established by the law or required by the government. (LOCE § 2.1
).

The council is formed by its president that is appointed by the Council of Ministers with the advice of the Prime Minister after appearing before Congress and three categories of Councilors:[4]

  • The Permanent Councilors.
    Are appointed for life or until voluntary retirement by the government amongst present or former ministers; presidents or ministers of the regional governments; Councilors of State of other category; members of the Advisory Councils of the regional governments; Head Counsels of the Council of State; academics of number of the Royal Academies integrated into the Institute of Spain; university professors of law, economy or social science with over 15 years experience, general officers of the Military Legal Corps, State civil servants with fifteen years of service at least that belong to corps or ranks that require a university degree, Governors of the Bank of Spain.

Permanent councilors must be in the same number of the existing sections of the Council of State

  • Ex-officio Councilors.
    Are appointed by the position they hold during the duration of their mandates, this are former
    Center for Political and Constitutional Studies
    and the Governor of the Bank of Spain.
  • The Elective Councilors.
    Are ten member appointed by the government for a period of four years amongst former: Members of Parliament; Justices of the
    Ombudsmen; Presidents or Members of the General Council of the Judiciary; Ministers or Secretaries of State; Chairpersons of the Court of Auditors; Chiefs of the Defense Staff; Presidents or Ministers of the Regional Governments, Career Ambassadors; Mayors of a provincial capital, Presidents of a Provincial Council, Presidents of the Insular Council; University Rectors
    .

At least two members must be former presidents of the autonomous communities

See also

References

  1. ^ "Consejo de Estado". www.consejo-estado.es (in Spanish). Retrieved 2018-09-15.
  2. ^ "Council of State Budget for 2022" (PDF).
  3. ^ "2020 Memory of the Council of State" (PDF). Council of State: 100. 2020.
  4. ^ "Council of State Organic Act". www.boe.es. Retrieved 2019-01-26.

External links

40°24′53″N 3°42′47″W / 40.41472°N 3.71306°W / 40.41472; -3.71306

Retrieved from "https://en.wikipedia.org/w/index.php?title=Spanish_Council_of_State&oldid=1190541601"