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The Council of State ( es, Consejo de Estado), is the supreme consultative council of the
Spanish Government gl, Goberno de España eu, Espainiako Gobernua , image = , caption = Logo of the Government of Spain , headerstyle = background-color: #efefef , label1 = Role , data1 = Executive power The executive (short for exe ...
. The current Council of State was established in 1980 according to the article 107 of the Constitution of 1978. The institution of the Council of State, understood as supreme consultative council of the Government, has existed intermittently since 1812. During the
Ancien Régime The Ancien Régime (; ; literally "old rule"), also known as the Old Regime was the political Politics (from , ) is the set of activities that are associated with Decision-making, making decisions in Social group, groups, or other forms o ...
, 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
Crown of Castile The Crown of Castile was a medieval polity in the Iberian Peninsula that formed in 1230 as a result of the third and definitive union of the crowns and, some decades later, the parliaments of the kingdoms of Kingdom of Castile, Castile and Kin ...

Crown of Castile
with the creation of the
Council of Castile The Council of Castile ( es, Real y Supremo Consejo de Castilla), known earlier as the Royal Council ( es, Consejo Real), was a ruling body and key part of the domestic government of the Crown of Castile The Crown of Castile was a medieva ...
in 1385 by
King John II
King John II
. Other peninsular kingdoms like
Navarre Navarre (; es, Navarra ; eu, Nafarroa ), officially the Chartered Community of Navarre ( es, Comunidad Foral de Navarra, links=no ; eu, Nafarroako Foru Komunitatea, links=no ), is a Fuero, foral autonomous communities of Spain, autonomous co ...
also created its own council in 1481 by
Queen Joan II
Queen Joan II
and in
Aragón Aragon ( or , Spanish and an, Aragón , ca, Aragó ) is an autonomous communities of Spain, autonomous community in Spain, coextensive with the medieval Kingdom of Aragon. In northeastern Spain, the Aragonese autonomous community comprises thr ...
in 1494 by King Ferdinand the Catholic.


Foreign affairs council (1522–1834)

The
King Charles I of the King of the Romans (variant used in the early modern period) File:Nezahualpiltzintli.jpg, Aztec King Nezahualpiltzintli of Texcoco King is the title given to a male monarch in a variety of contexts. The female equivalent is queen re ...
inherited vast territories through
Europe Europe is a continent A continent is any of several large landmass A landmass, or land mass, is a large region In geography Geography (from Greek: , ''geographia'', literally "earth description") is a field of scienc ...

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
Sultan Suleiman the Magnificent
threatened Spanish possessions in
Austria Austria (, ; german: Österreich ), officially the Republic of Austria (german: Republik Österreich, links=no, ), is a landlocked Eastern Alps, East Alpine country in the southern part of Central Europe. It is composed of nine States o ...

Austria
. It was the only Council that did not have a president, because it was the
King King is the title given to a male monarch in a variety of contexts. The female equivalent is queen regnant, queen, which title is also given to the queen consort, consort of a king. *In the context of prehistory, antiquity and contempora ...
himself who assumed that function. His advisors were not specialists in laws but experts in international relations, such as the
Duke of Alba Duke of Alba de Tormes ( es, Duque de Alba de Tormes), commonly known as Duke of Alba, is a title of Spanish nobility that is accompanied by the dignity of Grandee of Spain. In 1472, the title of ''Count of Alba de Tormes'', inherited by Garc ...
or Nicolás Perrenot. The councilors were, therefore, members of the high nobility and the high clergy. In times of
Philip II Philip II may refer to: * Philip II of Macedon (382–336 BC) * Philip II (emperor) (238–249), Roman emperor * Philip II, Prince of Taranto (1329–1374) * Philip II, Duke of Burgundy (1342–1404) * Philip II, Duke of Savoy (1438-1497) * Philip ...

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
Philip II Philip II may refer to: * Philip II of Macedon (382–336 BC) * Philip II (emperor) (238–249), Roman emperor * Philip II, Prince of Taranto (1329–1374) * Philip II, Duke of Burgundy (1342–1404) * Philip II, Duke of Savoy (1438-1497) * Philip ...

Philip II
and later during the regency of
Mariana of Austria Mariana of Austria ( es, Mariana de Austria) or Maria Anna (24 December 163416 May 1696) was the queen consort A queen consort is the wife of a reigning king King is the title given to a male in a variety of contexts. The female ...

Mariana of Austria
(1665–1675). The reforms of
Philip V Philip V may refer to: * Philip V of Macedon (221–179 BC) * Philip V of France (1293–1322) * Philip II of Spain, also Philip V, Duke of Burgundy (1526–1598) * Philip V of Spain (1683–1746) {{hndis, Philip 06 ...

Philip V
(1700–1746) emptied its actual power, although
Manuel de Godoy Manuel Godoy y Álvarez de Faria Ríos, Prince of the Peace, 1st Duke of Alcudia, 1st Duke of Sueca, 1st Baron of Mascalbó (May 12, 1767October 4, 1851) was List of Prime Ministers of Spain, First Secretary of State of Spain from 1792 to 1797 ...

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
Constitution of 1812 The Political Constitution of the Spanish Monarchy ( es, Constitución Política de la Monarquía Española), also known as the Constitution of Cádiz ( es, Constitución de Cádiz) and as ''La Pepa'', was the List of Constitutions of Spain, fir ...
granted the King the executive power and established that this was the only council to which the King could go to ask for advice. This obligation was over in 1814 when
King Ferdinand VII Ferdinand VII ( es, Fernando; 14 October 1784 – 29 September 1833) was the Monarchy of Spain, King of Spain during the early- to mid-19th century. He reigned over the Spanish Kingdom in 1808 and again from 1813 to his death in 1833. He was know ...
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 A prime minister or a premier is the head of the cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transpa ...
. 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 The Palace of the Councils or Palace of the Duke of Uceda (in Spanish, Palacio de los Consejos or Palacio del duque de Uceda) is a building from the 17th century located in central Madrid, Spain. It is located on the Calle Mayor, Madrid, Calle Mayo ...
.
LOCE § 1.3
The Council of State Organic Act establish that the Council will watch for the observance of the
Constitution A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Human activity * The exercise of political ...
and the rest of the legal order when the
Government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Departmen ...
ask for its advice or when the laws establish it
LOCE § 2.1
. The Council is formed by its President that is appointed by the
Council of Ministers The Council of Ministers is a traditional name given to the supreme Executive (government), executive organ in some governments. The term is usually equivalent to the word "Cabinet (government), cabinet" (Council of state, Council of State is a simi ...
with the advice of the
Prime Minister A prime minister or a premier is the head of the cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transpa ...
after appearing before
Congress Congresses are formal meetings of the representatives of different countries A country is a distinct territorial body or political entity A polity is an identifiable political entity—any group of people who have a collective identity ...

Congress
and three kind of Councilors: * The Permanent Councilors. *: To be elected Permanent Councilor you must have previously been Minister, President or minister of a regional government, Councilor of State, member of the Advisory Councils of the regional governments, Chief Law Clerk of the Council of State, Academic of number of the Royal Academies integrated into the Institute of Spain, Full professor of law, economic or social disciplines in the University, with fifteen years of experience, General Officer of the Legal Bodies of the
Armed Forces A military, also known collectively as armed forces, is a heavily armed, highly organized force primarily intended for warfare War is an intense armed conflict between State (polity), states, governments, Society, societies, or pa ...
, State civil servants with fifteen years of service at least in bodies or scales for which admission is required university degree or former Governors of the Bank of Spain. * The Born Councilors. *: To be elected Born Councilor you must have previously been
Prime Minister A prime minister or a premier is the head of the cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transpa ...
, director of the Royal Academies, President of the Economic and Social Council,
Attorney General #REDIRECT Attorney general In most common law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinio ...
, Chief of the Defence Staff, President of the General Council of Lawyers, President of the
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Justic ...
' General Codification Committee,
Solicitor General A solicitor general or solicitor-general, in common law countries, is usually a legal officer who is the chief representative of a regional or national government in courtroom proceedings. In systems that have an Attorney general, attorney-general ...
, Director of the
Center for Political and Constitutional Studies
Center for Political and Constitutional Studies
or Governor of the Bank of Spain. * The Elective Councilors. *: To be elected Elective Councilor you must have previously been Member of Parliament, Magistrate of the
Constitutional Court A constitutional court is a high court High court usually refers to the superior court In common law systems, a superior court is a court A court is any person or institution, often as a government institution, with the authority to Ad ...
, Judge or Advocate General of the
Court of Justice of the European Union The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne or "''CJUE''"; Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European lang ...
,
Ombudsman An ombudsman (, also , ), ombudsperson, ombud, ombuds, or public advocate is an official who is usually appointed by the government or by parliament but with a significant degree of independence. In some countries, an inspector general, citizen ...
, President or Member of the
General Council of the Judiciary Vice president SC The General Council of the Judiciary (GCJ) ( es, Consejo General del Poder Judicial, (CGPJ) is the national council of the judiciary of Spain. It is the constitutional body that governs all the Spanish Judiciary, Judiciary of ...
, Minister or Secretary of State, President of the
Court of Auditors A court is any person or institution, often as a government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''St ...
, Chief of the Defense Staff, President or Minister of a Regional Government, Ambassador from the diplomatic career, Mayor of a provincial capital, President of the Provincial Council, of the Inter-Island Commonwealth, of the Island Council or of the Insular Council or
University Rector A rector (‘ruler’, from meaning ’ruler’) is a senior official in an educational institution, and can refer to an official in either a university or a secondary school. Outside the English-speaking world the rector is often the most sen ...
.


See also

* Economic and Social Council of Spain


References


External links


Website of the Council of State
Government of Spain {{gov-stub