Revisiting Spain's transition to democracy

REVISITING SPAIN’S TRANSITION TO DEMOCRACY Charles Powell. Director of the Elcano Royal Institute, Spain 39 R E V I S I T I N G S PA I N ’ S T R A N S I T I O N TO D E M O C R A C Y INTRODUCTION: THE SPANISH ‘MODEL’ than had been claimed. It was precisely this critique With the possible exception of its Civil War (1936- that led Dankwart Rustow, the founding father of 1939), Spain’s transition to democracy in the 1970s is transitology, to argue that the relationship between undoubtedly the episode in the country’s history that socioeconomic development and democratization has attracted most interest beyond its borders. This is was one of probability, not causality (Rustow, 1970, p. largely because it has long been regarded as one of 342). This has been borne out by subsequent studies the most successful of the ‘third wave’ of transitions showing very strong correlations between democ- that resulted in the establishment of some thirty new racy and development at the extreme ends of the democracies worldwide during the years 1974-1991 economic spectrum, but weaker ones for countries (Huntington, 1991). However, over the years scholars placed in the middle. On the whole, scholars have have disagreed quite substantially as to the origins, tended to conclude that socioeconomic development nature and significance of the so-called Spanish is probably neither a sufficient nor even a necessary ‘model’, a debate which inevitably raises important condition for democratization; rather, it is a factor that questions as to its usefulness as a blueprint – or ‘facilitates’ the development of a democracy. source of inspiration – for democratization elsewhere. The transitology school was largely a reaction against The Spanish case first acquired ‘model’ status in the overly deterministic and rigid assumptions of the mid-1980s, when it received very significant modernization theory, which had little to say about attention from the so-called transitology (or ‘elite the timing of specific processes of democratization. agent’) school. Hitherto, modernization theorists had Transitologists were particularly taken by the Spanish largely adhered to Seymour Martin Lipset’s notion case because it appeared to support their view that that before a country could transition to democracy, it was the nature of decisions made by elite actors, it had to pass through certain stages of economic rather than any structural preconditions, which set the and social ‘modernization’. This approach assumed process for a successful democratization in motion that economic development would lead to a broad (O’Donnell, Schmitter, & Whitehead, 1986). These range of social and cultural changes, which would in authors posited that transitions to democracy were turn affect peoples’ attitudes and behaviour. However, generally triggered by a crisis of legitimacy within this failed to explain anomalies such as Germany’s the authoritarian elite, which split into hard-liners political evolution in the 1930s; if industrialization, and soft-liners; in turn, this often encouraged the urbanization and high literacy could produce totalitari- latter to seek negotiations with representatives of anism as well as democracy, the relationship between the moderate democratic opposition, leading to a the latter and modernization was clearly less linear new political settlement. In marked contrast to their TH E AR A B TR A N S I T I O N S I N A C H A N G I N G WO R L D 40 dismal performance in the 1930s, in the 1970s Span- transition studies tended to see democracy as a set ish political elites reached a succession of pacts of procedures for government, negotiated by and that enabled them to set aside deeply-entrenched between political leaders, thereby separating democ- ideological differences and antagonisms so as not racy from its essential meaning (rule by the people), to endanger the process of democratization. The and conceptualizing it mainly as the establishment of result was so remarkable (and unexpected) that the a set of governing institutions. This ran the danger of process came to be seen as “the very model of the consigning the majority of the population to a mere modern elite settlement” (Gunther, 1992, p. 24), and bystander role in the creation of new regimes, and of “in many ways the paradigmatic case for the study underestimating the role of popular struggles in some of pacted democratic transition and rapid demo- transitions (Spain’s included). cratic consolidation” (Linz & Stepan, 1996, p. 87). Beyond Spain, this ‘elite agency’ model was attractive because it could presumably be applied anywhere in the world, regardless of structural factors; success or failure would largely depend on elites’ ability to ‘craft’ democratic outcomes (Di Palma, 1990). As students of the Eastern and Central European transitions were quick to point out, the enthusiasm with which transitologists embraced the Spanish In the 1960s and early 1970s (prior to democratization), Spain had experienced a period of unprecedented economic growth, which was to have profound social and cultural implications. ‘model’ tended to obscure important aspects of the country’s recent development that had undoubtedly Since the turn of the century, academic debate contributed to the success of its transition (Offe, 1991, regarding the Spanish transition has largely looked pp. 508-509). Most importantly, as we will see below, beyond the role of political elites in the process, and Spain had experienced a period of unprecedented has tended to stress the importance of ‘democrati- economic growth in the 1960s and early 1970s (prior zation from below’. Some authors have underscored to democratization), which was to have profound that it was the pressure ‘from below’ exercised by social and cultural implications. The ‘elite agency’ workers, students and neighbourhood and house- model also underplayed the importance of the state, wife associations that induced elites to undertake and in particular, the importance of its relationship reforms and initiate the formal transition process; in with the authoritarian regime: in marked contrast other words, “elite decisions were ‘structured’ by the to the Communist block countries, under Franco it context in which they were made” (Radcliff, 2015, pp. was possible to distinguish between the regime and 172-174). Others, however, have objected that this the state, with the result that the dismantling of the approach tends to exaggerate the strength of Span- former had little impact on the latter; in other words, ish civil society under Franco and its role in undermin- in Spain the newly-elected democratic authorities ing authoritarianism (Encarnación, 2003). In turn, this were able to inherit a ‘usable’ state apparatus (Linz is related to a broader debate about what civil society & Stepan, 1996). can contribute to the process of democratization Transitology also came under growing criticism for itself; the academic consensus would appear to be going too far in assuming that transitions were simply that, at best, even a strong civil society can “only be the result of free choices made by rational actors, a supporting actor in the transition drama” (Radcliff, with some authors objecting that it represented a 2015, p. 178). All of this is informed by a broader “retreat into voluntarism” or “barefoot empiricism” debate about the relationship between civil society (Remmer, 1995, p. 42). This was partly because and democracy more generally. In the Spanish case, 41 R E V I S I T I N G S PA I N ’ S T R A N S I T I O N TO D E M O C R A C Y some have argued that the civil society organizations obscures the fact that its political development was that emerged in the 1960s helped revive a tradition of not unlike that of many other (particularly southern) interest representation and a pluralist associational European states. Admittedly, the 19th and early 20th culture that made a significant contribution to democ- centuries saw considerable turmoil, including severe ratization; others, however, claim that it is a function- dynastic disputes, which led to armed confrontation, ing and legitimate democratic state, not civil society, frequent military uprisings, and extreme social and that generates ‘social capital’ and trust (Torcal, 2007, political polarization.1 pp. 195-198). Scholars’ views in this debate largely reflect different perspectives as to whether the state or society is at the heart of the democratizing process: for transitologists, “democratization is located firmly in the state, and its completion is marked by the construction of governmental institutions,” while from a civil society perspective, “democratization is a participatory process, defined not by institutions but The Second Republic, Spain’s first attempt at democracy, did not succumb of its own accord, as it was violently overthrown by a military coup led by General Francisco Franco. by broader social legitimation” (Radcliff, 2015, p. 175). However, the parliamentary monarchy established in The preceding pages will hopefully lead readers to 1874 presided over several decades of stability and conclude that Spain’s transition was a highly complex, prosperity, though its efforts at democratization were multifaceted phenomenon. As we have seen, much of finally cut short by a bloodless military coup in 1923. the debate about this process has turned on whether The ensuing Primo de Rivera dictatorship, which the mass or the elite contribution to it should be initially enjoyed the support of King Alfonso XIII, emphasized; in future, our attention should perhaps failed to solve major deep-rooted problems, and col- centre on how mass and elite actions interacted and lapsed without resistance. It was replaced by the fed into each other. In the pages that follow, however, Second Republic (1931-1936), Spain’s first attempt greater attention will be paid to elite actions, because at democracy, which was plagued by chronic cabinet it is this aspect of the Spanish transition that has instability, party-system fragmentation and ideologi- generally interested students of the so-called ‘Arab cal polarization. Additionally, it promised far-reaching Spring’ most. More specifically, they will describe socioeconomic reforms that it largely failed to deliver. and analyse the actors, procedures and outcomes Nevertheless, the Second Republic did not succumb of the Spanish constituent process in some detail. of its own accord; it was violently overthrown by an Before doing so, however, a brief overview of Spain’s only partially successful military coup led by General prior experience with democracy and authoritarian- Francisco Franco, which plunged Spain into a bloody ism should prove useful in placing the events of the three year-long Civil War (1936-1939) that claimed 1970s in their historical context. some 400,000 lives. A further 30,000 to 50,000 people were executed on political grounds in the THE PAST AS PRELUDE aftermath of the Civil War by the winning side. Spain’s chequered political history has given rise to Following the defeat of the Republican armies in the notion of ‘Spanish exceptionalism’, a concept April 1939, Franco established a political regime often associated with an allegedly structural inability that was authoritarian, extremely confessional, to develop stable democratic institutions. However, this half-heartedly corporatist, deeply conservative, and 1. Remarkably, during these years four prime ministers were assassinated by political opponents: Juan Prim (1870); Antonio Cánovas del Castillo (1897); José Canalejas (1912); and Eduardo Dato (1927). TH E AR A B TR A N S I T I O N S I N A C H A N G I N G WO R L D 42 Spanish nationalist. Franco exercised supreme (parliament) and were later put to a referendum, a authority as Head of State, commander-in-chief clause that was put to good use during the transition. (‘Generalissimo’) of the Armed Forces, and head of the artificial single party (Falange Española Tradicionalista y de las JONS) he had created by decree in 1937. This organization, which later came to be known as the ‘Movement’, gradually lost much of its early influence, to the extent that Franco’s political system has been described as a ‘no-party state’ (Gunther, 1980). The Catholic Church, whose leaders saw the Civil War as a ‘crusade’ against Marxists and atheists, was initially amongst Franco’s staunchest allies, and was rewarded for its support in 1953 with a very generous Concordat. However, in the wake of the Second Vatican Council (1962-65), the Church gradually dis- Due to its association with the Axis powers in World War II and its subsequent authoritarianism, the Franco regime was initially excluded from the European integration process, though the European Community finally granted it a preferential trade agreement in 1970. tanced itself from the regime. Abroad, Franco’s major ally was the United States, which offered consider- In spite of its conservatism, the regime proved com- able military and economic assistance in return for patible with very significant social and economic access to Spanish bases as of 1953. Due to both its change. Much of this took place after a Stabilization association with the Axis powers in World War II and Plan (1959) was adopted in response to the failure its subsequent authoritarianism, the Franco regime of the regime’s former autarchic economic policy. was initially excluded from the European integration Over the next decade and a half, Spain experienced process, though the European Community finally unprecedented economic growth (averaging 6.9% granted it a preferential trade agreement in 1970. per annum during 1960-1974), with GDP per capita Indeed, the EC’s policy of ‘democratic conditionality’ rising from $300 to $3,260. Between 1950 and 1975 was to prove a major incentive for democratization the share of the labour force engaged in agriculture throughout the 1970s and beyond (Powell, 2009, declined from 48% to 22%, while that employed pp. 51-53). in industry and the service sector rose to 38% and Franco’s regime constitutes a rare example of limited 40%, respectively. These changes brought with them institutionalization combined with relatively elaborate a significant expansion of the middle class, which constitutionalization. Although its institutions never grew from 14% to 43% of the population. Prosperity really acquired a life of their own, its constitutional also brought widespread access to consumer goods: provisions were taken seriously, and some would play while only 1% of households owned TVs in 1960, by a crucial role during the transition. Most importantly, 1975 this had risen to 90%. Spaniards also became the 1947 Law of Succession declared Spain to be better educated: adult illiteracy rates, still at 44% in a kingdom, with Franco as regent for life with the 1930, had dropped to 5% by 1975. power to name his successor. (It was this provision By the 1970s Spain was a relatively modern, urban- that allowed him to appoint Juan Carlos his succes- ized, and prosperous society, with a political culture sor in July 1969.) Similarly, although the 1958 Law of substantially different to that of the 1930s. This trans- Fundamental Principles declared these to be “perma- formation fed a growing demand for democracy: nent and immutable”, the Law of Succession stated according to one study, between 1966 and 1976 that all fundamental laws could be reformed as long support for democratic institutions rose from 35% as they met the approval of two thirds of the Cortes to 78%. Attitudes favourable to democracy were 43 R E V I S I T I N G S PA I N ’ S T R A N S I T I O N TO D E M O C R A C Y particularly strong among the working class, which sharply, from 500 in 1969 to 931 in 1973 and 2,290 largely turned its back on revolutionary ideologies. in 1974; some were met with significant police bru- Modernization did not make the advent of democracy tality, resulting in eleven deaths in 1969-1974. In a foregone conclusion, however; indeed, economic Catalonia and the Basque country, the arrival of growth may have delayed it by making the regime hundreds of thousands of immigrants from poorer more acceptable to an increasingly prosperous and parts of Spain and unprecedented economic pros- consumer-driven population. perity combined to foster a renewed interest in their These changes also had a significant impact on autochthonous languages and cultures, often with the role and nature of the state and its relation to the the active support of the local Catholic clergy. This regime. As economic modernization progressed, revival also partly explains the radicalization of the the state administration became increasingly pro- university students who founded ETA in 1959, which fessional and meritocratic, and also predominantly soon became a sophisticated urban terrorist organi- apolitical, which largely explains why most civil servants did not later oppose democratization.2 Equally zation capable of claiming 45 victims in 1960-1975.3 The regime’s twilight years also witnessed a sig- importantly, although military officers initially occu- nificant increase in opposition activity. The largest pied important positions in the state bureaucracy, and best organized group was the Communist Party by the late 1960s they had been displaced from all (PCE), which was particularly strong in the labour but the military ministries. In short, by the time of and student movements, in the new neighbourhood his demise, Franco’s was a civilian-led authoritarian associations that had emerged in the 1960s, and regime, a feature that would greatly facilitate the amongst the cultural elite. The PCE had been advo- subsequent democratizing process (Linz & Stepan, cating a policy of national reconciliation since 1956, 1996, pp. 66-69). As a result of these trends, after and in 1970 – under the leadership of Santiago Car- his death in 1975 there was no need to extricate the rillo – it formally embraced the goal of a multi-class military from the political arena it had already aban- ‘pact for freedom’. When such a pact finally materi- doned, nor was it necessary to purge the bureau- alized in 1974 as the Junta Democrática, however, cracy (or the judiciary) during the democratizing it fell far short of the intended goal of uniting the process itself. entire democratic opposition. The Socialist Party The socioeconomic transformations outlined above (PSOE), by far the largest left-wing organization had complex political consequences, most of them under the Second Republic, had almost disappeared unintended by the regime. The expansion of univer- under the dictatorship, but it began to recover its sity education (which accelerated after the adoption former standing after Felipe González’s election of the 1970 Education Law) led to the emergence as party leader in October 1974. The PSOE deeply of a new student movement that was predominantly resented the PCE’s efforts to dominate the Span- hostile to Franco. Rapid industrialization favoured ish left, just as its sister trade union, the UGT, was the emergence of a new, increasingly self-confi- suspicious of communist influence in Comisiones dent labour movement, led by Comisiones Obreras Obreras. González did not share the PCE’s faith (workers’ committees), which had emerged in the in a ‘ruptura democrática’ (democratic break), a late 1950s and were outlawed in 1967. Though process whereby large-scale popular mobilizations theoretically illegal, the number of strikes increased would somehow result in the peaceful overthrow 2. A survey carried out in 1983 among civil servants largely recruited during the Franco years revealed that 89% of them believed that democracy was preferable to any other form of government (Aguilar, 2002, p. 39). 3. During this period, the police killed 17 members of ETA; two more were condemned to death and executed in September 1975. TH E AR A B TR A N S I T I O N S I N A C H A N G I N G WO R L D 44 of the Franco regime and its replacement by a rep- ment of Juan Carlos as head of state that triggered resentative provisional government that would call the transition process proper. elections to a constituent assembly. Instead, he favoured a gradualist approach resulting in the con- THE TRANSITION TO DEMOCRACY quest of ‘parcelas de libertad’ (or ‘plots of freedom’). Spain’s democratizing process has been described as González’s refusal to join the Junta Democrática and a paradigmatic case of a ‘transition through transac- his decision to sponsor an alternative Plataforma de tion’ (Share, 1986), characterized by the following Convergencia Democrática in mid-1975 turned out features: the (paradoxical) use of the former regime’s to be crucial in guaranteeing the PSOE’s autonomy institutions and constitutional procedures to initiate during the transition. the democratizing process, which resulted is some The immediate crisis of the Franco regime was due striking continuities (most notably, the monarchy); to a number of factors. The economic boom of the negotiations between ‘soft-liners’ in the outgoing 1960s came to an end with the 1973 oil crisis, result- authoritarian regime and representatives of major ing in ‘stagflation’ and an increasingly active labour opposition groups; the inclusion of representatives movement. The assassination by ETA of Franco’s of all key political forces in the decision-making alter ego, admiral Luis Carrero Blanco, in December process; and private, face-to-face deliberations at 1973, only six months after his appointment as prime crucial stages, involving a relatively small number of minister, raised fresh doubts about the regime’s conti- participants. Some authors have argued that ‘transi- nuity. His successor, Carlos Arias Navarro, presented tions through transaction’ are also characterized by a modest blueprint for liberalization (‘apertura’) in relatively low levels of popular mobilization, but the February 1974, but this only deepened the growing Spanish experience suggests they are compatible rift between ‘hard-liners’, who believed the regime’s with relatively high levels of pressure ‘from below’ continuity should be guaranteed by an authoritar- if political actors are willing and able to modulate ian monarchy under Juan Carlos, and ‘soft-liners’ this in response to concessions made ‘from above’. who assumed the future monarch would need to It has also been claimed that ‘transitions through bring Spain’s political system in line with those of transaction’ can only succeed in the absence of politi- its European neighbours. This conflict intensified after the overthrow of the Portuguese dictatorship in cal violence, but Spain witnessed 453 deaths from political violence in 1975-1980;5 indeed, it was partly April 1974, which was read by many as an indication the fear that this violence might derail the transition of what might happen in Spain unless significant process that encouraged political elites to negotiate reforms were implemented immediately. Finally, in in the first place. Memories of the fratricidal violence September 1975 the execution of five anti-regime that marked the Civil War were still very much alive militants (as a result of the draconian anti-terrorist in Spain in the 1970s, and the determination not legislation introduced after Carrero Blanco’s assas- to repeat the errors of the past undoubtedly had a sination) led to an unprecedented international outcry, sobering impact on both elites and society at large which highlighted the extent to which it had become a European anomaly.4 However, it was ultimately Fran- (Colomer, 1995, p. 3). Indeed the unwritten slogan co’s death on 20 November 1975 and the appoint- transition as a whole) is perhaps ‘never again’. Ironi- that best captures this mood (and the spirit of the 4. Nevertheless, it should be noted that less than one person per year was executed by the dictatorship for political reasons during its last 15 years (Malefakis, 1982, pp. 223-224). 5. The Basque terrorist organization ETA was responsible for 270 of these deaths; the police for 82; the extreme left-wing terrorist organization GRAPO for 58; and an assortment of extreme right-wing groups, for 43 (Encarnación, 2014, p. 65). 45 R E V I S I T I N G S PA I N ’ S T R A N S I T I O N TO D E M O C R A C Y cally, political violence was more widespread in Spain a salutary warning.) The monarchy he inherited in than in ‘revolutionary’ Portugal (Bermeo, 1997, p. 39). late 1975 was not the institution embodied by his Spain’s relatively brief transition to democracy grandfather Alfonso XIII until 1931, but rather an (1975-1978) was launched ‘from above’, but it entirely artificial, authoritarian monarchy designed to accelerated in response to mounting pressure ‘from perpetuate the Franco regime. However, Juan Car- below’. It was essentially driven by domestic forces, los did not inherit the general’s powers: the Organic though the European Community and some of its Law of the State (1967) had designed a monarchy member states actively supported democratization. in which the king’s role was severely curtailed by the This was particularly true of Germany, which made combined authority of the prime minister and the good use of the transnational influence exercised by president of the Cortes, who shared effective control its political parties, trade unions and political founda- over the political system. Paradoxically, this meant tions. (Powell, 2001, pp. 293-309). Overall, there that from the outset the king had a vested interest in can be no doubt that the Western European context a far-reaching constitutional reform that would free in which the Spanish transition took place provided him from the tutelage of unelected officials (Powell, a congenial environment for democratization. The 1996, pp. 85-86). United States, on the other hand, played a relatively In the first stage of the transition, prime minister modest role, largely on account of its reluctance to Arias Navarro, who moved closer to the regime’s antagonize Franco and his successors out of fear of ‘hard-liners’ following his confirmation after Franco’s compromising its access to military bases on Spanish death, advanced a blueprint for limited reform that soil (Powell, 2007, pp. 234-235). would have led to the election of a semi-democratic Cortes and the legalization of some parties (such as Spain’s transition to democracy was launched ‘from above’, but it accelerated in response to mounting pressure ‘from below’. It was essentially driven by domestic forces, though the European Community actively supported democratization. the PSOE) but not others (above all, the PCE). This was rejected outright by an increasingly active and outspoken opposition, mass mobilizations (which sometimes resulted in loss of life),6 new media outlets, the European parliament, and the Council of Europe. Furthermore, it failed to satisfy Juan Carlos, who feared this growing polarization would endanger the monarchy itself. The king’s decision to replace Arias Navarro in July 1976 with Adolfo Suárez, a 44 year-old apparatchik of the former regime, known for his ambition and audacity, was a crucial turning-point in the process. The immediate genesis of the transition largely Suárez quickly produced a Law for Political Reform, reflects the political dilemmas facing King Juan Car- which called for the election of a two-chamber Cortes los, who needed to acquire a new democratic legiti- by universal suffrage: a Congress of Deputies elected macy for the monarchy in order to guarantee both according to principles of proportional representa- his survival as head of state and the continuity of his tion and a majoritarian Senate. In keeping with the dynasty. (The fate of his brother-in-law Constantine, procedure envisaged in the Francoist fundamental who had lost the Greek throne in 1967, provided laws, the bill was first approved by the existing Cortes 6. The number of strikes registered rose sharply from 3,156 in 1975 to a record 17,731 in 1976. Furthermore, about a dozen people were killed in demonstrations and clashes with the police (or right-wing thugs acting with police connivance) during the first half of 1976 alone. TH E AR A B TR A N S I T I O N S I N A C H A N G I N G WO R L D 46 in November by 425 votes in favour and 59 against. stitutional decisions facing democracies” (Lijphart, In December, it was ratified by a referendum that 1992, p. 207). This is partly because the first freely- registered a 77% turn-out (with 94% of votes in elected parliaments often function as constituent favour), in spite of the opposition’s decision to abstain assemblies as well as legislatures (as happened in on the grounds that it had been excluded from the Spain), and the choice of an electoral system may entire process. Secret talks between Suárez and therefore have important consequences for the legiti- González, however, enabled the PSOE to hold its first macy of the new constitution. Suárez’s main concern party congress since the Civil War immediately after was to avoid the excessive fragmentation of the party the referendum, paving the way for its legalization in system, which he associated with the instability and February 1977. polarization that had done so much to undermine the The referendum considerably strengthened Suárez’s Second Republic in the 1930s. (Montero & Lago, hand, and it was only after it was held that he engaged 2001, p. 55). By decreeing that the 52 provincial in formal talks with the opposition’s ‘Committee of constituencies should elect at least two representa- Nine’, which represented all shades of democratic tives and fixing a threshold of 3% of the vote, the opinion. Paradoxically, political violence helped to system was only truly proportional in large urban bring government and opposition closer together. In areas and operated like a majoritarian one in more late January 1977, during the transition’s so-called sparsely populated regions, a bias that favoured the ‘black week’, two left-wing demonstrators were killed larger party formations. Government-opposition talks by the police, five PCE activists were murdered in also led to the legalization of the Communist Party in cold blood by extreme right-wing thugs, and three April 1977, whose exclusion would have rendered the policemen were shot dead by extreme left-wing ter- process illegitimate in the eyes of many Spaniards; in rorists. This mindless violence rekindled fears of a return for this, Carrillo had already secretly agreed to fratricidal confrontation, which Suárez and opposi- recognize the monarchy and Spanish national sym- tion leaders alike sought to head off by presenting bols. The only significant opposition demand Suárez a united front. did not meet was the recognition of regional political The talks centred on the conditions the opposition identities, essentially because this was a matter best demanded be met if it was to take part in future left to the future democratic parliament. elections, which included the legalization of all politi- Government-opposition talks thus paved the way cal parties and trade unions, the disbanding of the for the first democratic elections, held in June 1977, ‘Movement’ and the political neutrality of public which produced a highly positive outcome: the high employees, a generous amnesty, the negotiation turnout (79%) confirmed their legitimacy, and the of an electoral law, and the acknowledgement of strong showing by Suárez’s newly-established Unión regional political identities. As several participants de Centro Democrático (UCD), a loose and hastily- have acknowledged, these talks did not constitute formed coalition of regime reformists and representa- formal negotiations; rather, it was a case of Suárez tives of the moderate opposition, which obtained listening to the opposition’s demands and skilfully 34% of the vote and 165 out of 350 seats, allowed translating them into legislation. A good example him to remain in office. At the same time, the PSOE of this was the March 1977 Electoral Law, which emerged as the leading opposition party with 29% of effectively ensured that Spain would have the most the vote and 118 seats, well ahead of the PCE, which majoritarian proportional system in Europe. It should obtained a mere 9% of the vote and 20 seats. Signifi- be noted, in this regard, that “choosing the electoral cantly, the neo-Francoist Alianza Popular (AP) – the system is one of the most important decisions – if not only party to oppose the opening of a constituent the single most important decision – of all the con- process –, secured a paltry 8% of the vote and only 47 R E V I S I T I N G S PA I N ’ S T R A N S I T I O N TO D E M O C R A C Y 16 seats. It has often gone unnoticed that although only recently, they were still in the process of draw- these were the first democratic elections held in ing up their respective platforms. In view of this, he Spain since February 1936, under the supervision turned to the leaders of the parties recently elected to of provincial and local authorities largely appointed parliament, only to discover that, while the PCE was by the previous regime and without the presence of anxious to strike a deal in order to gain some badly- international observers, nobody seriously questioned needed credibility, the PSOE remained aloof, if not their fairness. downright hostile. However, the threat of a UCD-PCE deal that would inevitably strengthen their historic SETTING THE STAGE rivals soon convinced the PSOE to join the multi-party FOR THE CONSTITUTION: talks that eventually led to the famous Moncloa Pacts THE POLITICS OF CONSENSUS of October 1977. The new Suárez government appointed after the The Moncloa Pacts, named after the prime minister’s June 1977 elections faced a broad array of chal- official residence in Madrid, represented an ambitious lenges it could not deal with on its own. Very little attempt to deal with the major disequilibria afflict- had been done in the preceding years to tackle the ing the Spanish economy. The measures adopted economic crisis triggered by the 1974 oil shock, with included a 20% devaluation of the national currency, the result that inflation had risen to 26%, prompt- extensive price and wage controls, and a limited ing a fresh wave of labour unrest. In Catalonia and relaxation of job-protection legislation, which the the Basque country, mass mobilizations in favour of left-wing parties accepted on the understanding that regional autonomy and a general amnesty continued the introduction of a new system of direct taxation unabated. Disconcertingly, the promise of democracy would lead to greater public spending in education, had done nothing to persuade ETA to lay down its health and public housing. These measures proved arms, which in turn prompted increased sabre-rattling effective in controlling inflation, which fell to 16% among certain sectors of the military. in 1978, but did not prevent the Spanish economy Whenever possible, Suárez sought to overcome these from experiencing another recession after the 1979 challenges in collaboration with other political parties. oil shock. The longer-term structural reforms were His first move was to seek a formal reconciliation with more substantial, though many were not implemented Josep Tarradellas, president of the Catalan govern- until the PSOE came to power in 1982. The Moncloa ment-in-exile, who was able to return to Barcelona in Pacts were also important in that they introduced new October 1977 as head of a provisional regional gov- legislation recognizing basic political freedoms that ernment after the granting of a pre-autonomy statute could not wait for the new constitution to be adopted. to that region. Though largely symbolic, this show of More generally, the pacts were significant in that they respect for Catalan political identity was aimed at encouraged politicians to regard their opponents as securing the full participation of the region’s political adversaries rather than enemies, and enabled them parties in the ensuing constituent process. to show their voters that they were capable of setting In order to buy time (and a degree of ‘social peace’) aside their ideological differences in the interest of for the constituent process, Suárez also explored the democratizing process. Although the pacts were the possibility of reaching a broad agreement with negotiated outside parliament, it was agreed that trade unions and employers’ organizations with a view they be put to the vote so as not to undermine its role to tackling the major challenges facing the Span- in the transition process only months after the first ish economy. To his frustration, neither were willing democratic elections. to share the burden of such an agreement with his Another major initiative requiring a broad political government, largely because, having been legalized consensus was the Amnesty Law, also passed in TH E AR A B TR A N S I T I O N S I N A C HA N G I N G WO R L D October 1977. The demand for political amnesty had been one of the causes that had done most to galva- 48 Spanish case, only the third of these options was ever on the table. The six constitutions produced in nize anti-Francoist opinion since the late 1960s, par- the 19th century (in 1812, 1834, 1837, 1845, 1869 ticularly in Catalonia and the Basque country. Before and 1876) prove the existence of a rich tradition in the elections, the king had issued a modest pardon in this field, but were also the expression of a winner- November 1975 and a limited amnesty in June 1976, takes-all mentality that had prevented the adoption but these were deemed insufficient by left-wing and of texts capable of withstanding the test of time. regional nationalist parties. The 1977 law went much More recently, the Second Republic had adopted a further, for it covered “all acts of a political purpose, constitution in 1931 that was undoubtedly modern in whatever their outcome may have been”, thus ben- outlook, but had alienated conservative (and in par- efiting all those tried for political crimes committed ticular, Catholic) sectors of Spanish society to such against the Franco regime prior to the 1977 elections, an extent that not even the left-wing parties that felt including ETA terrorists who had been convicted of emotionally committed to the republican regime (such murder. It also guaranteed that former servants of the as PCE and PSOE) liked to identify with it publicly. regime would not be investigated or prosecuted for Furthermore, this was a republican text, and therefore the “crimes and misdemeanours that may have been unsuited to the circumstances of 1977, since it was committed by state authorities against the rights of generally assumed that, in return for facilitating the others,” thereby ruling out the possibility of purging the Armed Forces, the police or the judiciary. As one democratizing process, Juan Carlos and the monarchy would be enshrined in the new constitution. author has noted, this clause was possible because Writing a new constitution offers a society immersed Spain “underwent the transition to democracy with- in a complex transition to democracy both advan- out calls for justice against the old regime from the tages and drawbacks. The main advantage is that, democratic opposition – not even a formal condem- if the constituent process is reasonably successful, nation of its evils was demanded”; if the law ruled out it will facilitate ‘ownership’ of the final product by the possibility of any form of transitional justice, it was the political actors (and their constituencies) that because no significant political actor demanded it at participate in it. Furthermore, a constituent process the time. Overall, the Amnesty Law was generally provides the media and civil society organizations seen as a significant contribution to national reconcil- with an opportunity to acquaint themselves – and iation; in the words of one Basque nationalist leader, others – with the key features of the new political sys- it offered “forgiveness from everybody to everybody” tem, in what can become a unique collective learning (Encarnación, 2014, pp. 55, 71-72). experience. In the Spanish case, the constituent process had an additional, extremely powerful symbolic THE 1978 CONSTITUTION: meaning. In the eyes of the major left-wing parties at PROCESS, ACTORS AND OUTCOMES least, the adoption of a new constitution transformed Transitions to democracy almost invariably result in the negotiated reform (‘reforma pactada’) initiated by the adoption of a democratic constitution. By and the monarch and his government into a break with the large, those participating in such a process must choose between three possible courses of action: Francoist past negotiated by the former representatives of the democratic opposition (‘ruptura pactada’). they may (i) seek to restore a previously-existing Producing an entirely new constitution can also democratic constitution that has served the country have significant drawbacks, however. Transitions to well in the not-too-distant past; (ii) adapt an already- democracy are generally periods in which vulner- existing text to the country’s new circumstances; or able, newly-elected democratic governments face a (iii) set about writing an entirely new document. In the vast array of challenges, such as dealing with severe 49 R E V I S I T I N G S PA I N ’ S T R A N S I T I O N TO D E M O C R A C Y economic difficulties and their social consequences, shortened the constituent process, while allowing redefining civil-military relations, modernizing the the government greater control of the outcome. bureaucracy, handling territorial tensions, and even The PSOE, however, was adamant that the newly- rethinking foreign policy. Writing a constitution inevi- elected parliamentarians should be responsible for tably requires those in office to invest significant drafting the text throughout, a demand that was time, energy, and political capital that might be bet- quickly endorsed by other parties. Anxious to avoid ter spent tackling these urgent tasks. Furthermore, a conflict that might undermine the multiparty con- constituent debates will often exacerbate existing sensus he had so carefully crafted thus far, Suárez cleavages within society, reopen old wounds, and acquiesced. As a result, the task of producing a possibly inflict new ones. Finally, a lively constituent draft constitution was assigned to a subcommittee process will often raise expectations of rapid, far- of seven parliamentarians, consisting of three rep- reaching change that are not always met, resulting resentatives of the governing UCD, and one each in frustration, apathy and even disaffection. This from PSOE, PCE, AP and the Catalan nationalists was partly the case in Spain, where the immediate (who supposedly represented Basque nationalists post-constituent period (1979-80) was marked by as well). The subcommittee worked behind closed considerable public disenchantment (‘desencanto’) doors from August to November 1977, when a draft with the new political system. copy of the constitution was leaked to the press. On the whole, the Spanish constituent process was The official version was published in January 1978, remarkably successful. This has largely been attrib- resulting in more then three thousand amendments uted to the manner in which it unfolded, which was being presented by political groups and individual characterized by the following features: (i) the tactical parliamentarians, often at the instigation of civil demobilization of street protests and unnecessary society organizations. The subcommittee then pro- strike activity in order to avoid potentially polarizing duced a new version of the draft constitution, which street confrontations and to give elite negotiations a was published in April, though not before the PSOE chance to succeed (with the significant exception of representative, Gregorio Peces-Barba, walked out in the Basque country); (ii) the inclusion of representa- protest at a number of changes introduced by UCD tives of all politically significant parties in face-to-face with the support of AP. In May, the new version was negotiations; (iii) while, at the same time, keeping the submitted to a 36-member constitutional commit- number of participants in these negotiations down tee, where the emergence of a de facto coalition to a manageable number; (iv) deliberation behind between UCD and AP led the PSOE to threaten closed doors; (v) restraint, cordiality and mutual to abandon the process altogether. Alarmed, respect among elites; and (vi) a modified version of the ‘mutual veto’7 (Gunther, 2011, p. 24). Suárez instructed his deputy prime minister, Fer- The success of the process was by no means a González’s alter ego, Alfonso Guerra, so as to allow foregone conclusion, however. Suárez had initially the process to move forward. As of 22 May, this intended a group of legal experts to draft a first gradually took shape in a succession of secret version of the constitution, which would then be late-night meetings held in restaurants and private submitted to parliament. In theory, this would have offices. In due course, representatives of the other nando Abril Martorell, to negotiate a new deal with 7. One of the key elements of consociational politics (Lijphart, 1969) is the ‘mutual veto’, whereby each group participating in this type of consensual politics can block any proposal that threatens its vital interests. In the Spanish case, this took a somewhat modified form of a general norm that majoritarian winner-takes-all politics should be avoided in crafting the constitution. As described by Peces-Barba, the aim of the founding fathers was not to be “in agreement with everything, but that the constitution should not contain any aspect which would be absolutely unacceptable to any political group” (Gunther, 2011, p. 27). TH E AR A B TR A N S I T I O N S I N A C H A N G I N G WO R L D 50 parties (with the significant exception of AP) were as the state’s obligation to support Catholic schools also brought into the process. On 21 July, the result- financially (Brasloff, 1998, p. 95). ing text was passed by the Congress of Deputies In its treatment of economic issues, the new text with 258 votes in favour, two against and 14 absten- also sought to balance the preferences of the right tions. It was then sent to the Senate, where over with those of the left. On the one hand, it explicitly one thousand fresh amendments were debated acknowledged the market economy and protected during September-October. After eighteen months private property and inheritance rights against of negotiations, the final text was put to the vote in unlawful confiscation. At the same time, article 128 both houses on 21 October: in the lower house, it recognized “public initiative in economic activity,” was adopted with 325 votes in favour, six against, and stated that “essential resources or services and 14 abstentions; in the upper house, the result may be restricted by law to the public sector, espe- was 226 in favour, five against, and eight absten- cially in the case of monopolies,” and “intervention tions. Finally, the text was put to a referendum on 6 in companies may be decided upon when the public December 1978, and was passed with 87% of votes interest so demands.” More remarkably, article 129 in favour and 7% against, though 32% of potential claimed that the authorities would “establish means voters chose to abstain. to facilitate access by the workers to ownership of The debates that dominated the constituent process the means of production.” Additionally, the constitu- largely centred on the same issues that had plagued tion also contained guarantees of the right to strike the Second Republic, but on this occasion they were and commitments to provide a broad range of social dealt with far more pragmatically. Most remarkably, services, including social security, health, education, perhaps, the PSOE initially put forward an amend- disability and unemployment benefits, as well as the ment that would have made Spain a republic, but promise of a more egalitarian distribution of income. once it was defeated by the other major parties Finally, the new text also contained echoes of the (including the PCE, which had agreed to recognize neo-corporatist philosophy still in vogue in much of Juan Carlos in return for its legalization), it quickly continental Europe in the 1970s, as evidenced in accepted the new parliamentary monarchy, though article 131, which urged the government to “draft not without first ensuring that the king’s future role planning projects” in collaboration with trade unions would be largely symbolic. and employers’ organizations. Compromise also characterized the text’s handling The most controversial constitutional compromise of church-state relations. The constitution boldly struck by Spain’s political elites was undoubtedly that stated that “there shall be no state religion”, thereby which sought to define a new territorial settlement. disestablishing the Catholic Church, and freedom of On the one hand, the founding fathers found it nec- religion and worship were duly recognized. However, essary to assert “the indissoluble unity of the Span- the same article acknowledged that the authorities ish nation, the common and indivisible country of all “shall take the religious beliefs of Spanish society Spaniards,” while at the same time recognizing the into account and shall in consequence maintain “right to autonomy of the nationalities and regions appropriate cooperation with the Catholic Church of which it is composed.” (The term ‘nationalities’ and other confessions.” In effect, this would later was introduced at the suggestion of the Catalan allow the church to continue to receive generous nationalists, who would nevertheless have preferred funding from the state for its religious, cultural and the text to recognize the existence of a Catalan educational activities; most controversially, it has also ‘nation’.) Most importantly, the constitution included been interpreted to uphold the right of all children to provisions regulating the devolution of powers from receive religious instruction in public schools, as well the central government to the so-called autonomous 51 R E V I S I T I N G S PA I N ’ S T R A N S I T I O N TO D E M O C R A C Y communities, paving the way for the future devel- THE POLITICS OF CONSENSUS opment of a semi-federal State of Autonomies. AND ITS POSSIBLE CONSEQUENCES However, this proved insufficient to win over the The transition literature tends to underplay the fact Basque nationalist party (PNV), which resented the that the period of consensus politics was relatively fact that the region’s ancient political traditions and short-lived. As soon as the new constitution was fiscal privileges (‘fueros’) were to be updated “within adopted, Suárez decided to hold general and local the framework of the constitution” since in their view elections in March 1979, in order to complete the these were primordial rights that could neither be democratization of the political system. In effect, granted nor taken away by any Spanish constitution. this put an end to consensus politics at the national As a result, the PNV refused to vote in favour of the level. His new government spent much of that year constitution and recommended abstention in the negotiating statutes of autonomy for the Basque December referendum, though its leaders clarified country and Catalonia, which were put to the vote that they would nevertheless abide by it (Gunther, in their respective regions in October 1979. In the 2011, p. 29). Basque case, the statute was essentially the product of negotiations between the government and the The constitution of 1978 included provisions regulating the devolution of powers from the central government to the so-called autonomous communities, paving the way for the future development of a semi-federal State of Autonomies. PNV, which had emerged as the largest Basque party in the June 1977 elections. Most importantly, in spite of having refused to vote for the constitution, the PNV did support the statute, which the former had made possible. In the Catalan case, negotiations proved slightly more complex because they were multilateral, since the government had to engage with the regional branch of the PSOE – which had won most votes in the Catalan provinces in the general election – as well as the nationalists. Characteristically, Suárez refused to take credit for his efforts, with the result that UCD The attitude of the PNV has been attributed to performed poorly in the first Catalan and Basque their non-participation in the subcommittee that elections held in March 1980, with the nationalists produced the first draft of the future constitution, emerging as clear front-runners in both contests. which represented a significant exception to the Spanish democracy might have been better served inclusiveness principle mentioned above. Although if the politics of consensus had been cultivated a government representatives did their utmost to little longer. The 1979 oil shock triggered another accommodate its demands later in the process, economic downturn, which generated fresh social the PNV’s exclusion from the early stages of the unrest. The Catholic Church and employers’ organiza- process – which many believe was self-inflicted tions became increasingly critical of Suárez, who was – may well have given it an incentive to reject the accused of “governing on the left with the votes of the final text. Whatever the case, the semi-loyalty of right.” In turn, this encouraged critics within his own the PNV – and the blatant hostility of more radical party to question his leadership, with the result that Basque nationalist groups – inevitably undermined UCD soon began to unravel. As democratization and the legitimacy of Spanish democracy, a situation Basque autonomy progressed, ETA upped the ante, that was only slightly ameliorated by the granting of claiming 64 victims in 1978, 67 in 1979 and a stag- a generous statute of autonomy in October 1979, gering 96 in 1980, a significant number of whom were as discussed below. police and military personnel. As intended, this led to TH E AR A B TR A N S I T I O N S I N A C H A N G I N G WO R L D 52 fresh sabre-rattling among the ultra right-wing sectors support for democracy by fuelling cynicism among of the armed forces, which planned an unsuccessful the citizenry (Karl, 1987, p. 88). coup in November 1978 and carried out a far more The fact that Spanish democracy has under- serious attempt in February 1981, which was aborted taken –or at the very least, been fully compatible by the timely intervention of King Juan Carlos. with– some very profound political, economic and Given the difficulties experienced by Spanish democ- social transformations should suffice to question racy in 1979-81, it is ironic that critics have sometimes the relevance of the ‘frozen democracy’ thesis. To blamed consensus politics and the negotiated nature name but a few, these have included the most far- of the transition for many of its future shortcomings, reaching process of political and administrative real or imagined. Some have argued that, largely due decentralization experienced in post-war Europe; to the absence of a ‘ruptura democrática’ (democratic the development of a welfare state that provides break with the past), Spain’s democracy has been universal healthcare, education, pensions and sig- ‘contaminated’ by the survival of institutions, values nificant unemployment benefits; and the legaliza- and attitudes which hail from the Franco era. Critics tion of divorce, abortion and same-sex marriages, of the monarchy, for example, often claim that it was which in turn partly reflects the rapid secularization imposed on Spaniards as a result of the balance of of Spanish society. Furthermore, recent research power that existed in 1977-78, even though – as suggests that the relationship between the nature discussed above – it was put to the vote during the of a transition to democracy and the type of political constituent process in May 1978. (These same critics system resulting from it is not as linear as the ‘fro- conveniently forget that the republican form of gov- zen democracy’ thesis would suggest. For example, ernment was adopted in 1931 without a referendum.) there is no obvious connection between the level Similarly, the negotiated nature of the democratizing of interest in politics (which has always been low in process has also been blamed for the absence of Spain) and whether or not the transition to democ- ‘transitional justice’ or the alleged failure to deal with racy was negotiated or not (Encarnación, 2008, p. Spain’s political past in a manner acceptable to the 48). Indeed, one of the most surprising lessons of victims of Francoist repression. the Spanish experience may well be the fact that More importantly, perhaps, it has been claimed that the establishment of a new political system through negotiated transitions that use secret intra-elite consensual means does not necessarily result in a negotiations and political pacts may result in ‘frozen consensual democracy (Gunther, 2011, pp. 35-36). democracies’. Karl has suggested that, because pacts are intended to limit the uncertainty of the POSTSCRIPT: WHITHER SPAIN? transition process, they tend to demobilize new Largely as a consequence of an unusually severe social forces, circumscribe the participation of cer- and prolonged double-dip recession (2008-2014), tain actors in the future, and “may hinder future during which unemployment rose to 26% and social self-transformation of the society, economy, or polity, inequality reached alarming levels, in recent years thereby producing a sort of frozen democracy.” In the Spanish political system has come under unprec- other words, pacts that may be positive during the edented stress. In June 2014, public criticism of King transition may also compromise the future quality Juan Carlos – hitherto regarded as a key protagonist of the resulting system of government by (i) stifling of the transition settlement – forced his abdication. political competition by concentrating power in the Partly as a result of their involvement in a succession hands of a few elite actors; (ii) hindering democra- of corruption scandals, traditional political parties have tization by retarding the development of civil rights lost much of their credibility, generating considerable and political liberties; and (iii) undermining popular public disaffection. Additionally, the crisis has fuelled 53 R E V I S I T I N G S PA I N ’ S T R A N S I T I O N TO D E M O C R A C Y doubts about the economic sustainability of the State which requires very large majorities to push through of Autonomies, while the Catalan government’s unex- significant reforms –, may have contributed indirectly pected unilateral drive for independence has raised to the current impasse. However, the emergence of new questions about its political viability. new political parties and the remarkable popularity of Unsurprisingly, this situation has led some to blame the new monarch, among other developments, sug- the transition settlement for Spanish democracy’s cur- gest that the system is considerably more resilient (and rent shortcomings, with a small minority claiming that flexible) than is often realised. In short, much of this only by overthrowing the political system designed in recent criticism is both unfair and misleading, assum- the 1970s will Spain be able to overcome the crisis. ing as it does that the transition settlement was written Admittedly, some aspects of the original transition in stone, as if subsequent generations of Spaniards settlement – such as the rigidity of the constitution, had remained frozen in time. TH E AR A B TR A N S I T I O N S I N A C H A N G I N G WO R L D 54 REFERENCES AGUILAR, P. (2002). Memory and Amnesia. The Role of the Spanish Civil War in the Transition to Democracy. Oxford: Berghahn. BERMEO, N. (1997). The Myths of Moderation: Confrontation and Conflict During Transitions to Democracy. Comparative Politics, 29(3). BRASLOFF, A. (1998). Religion and Politics in Spain. The Spanish Church in Transition, 1962-1996. Basingstroke, UK: Palgrave Macmillan. COLOMER, J. M. (1995). Game Theory and the Transition to Democracy. The Spanish Model. 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