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by what one could call “management” of employed, the conclusion that can be reached is
asymmetrical forces through intergovernmental that the existing structure of power in Spain is
relations (IGR) (Agranoff 1999). equivalent to those of actual federal states.” In a
sense, the federation/federal argument is not
Federal asymmetry in this sense refers to the essential to the debate over asymmetry or other
differentiation of status and rights sanctioned features of Spain’s governments. It appears that
between component units within the what is key is whether the particular
undiminished system. To a considerable extent, arrangements meet the governance needs of this
it is essential to maintaining national stability, multi-tiered and plural democracy.
and governance depends on recognizing
diversity while deflecting the “secession The story of asymmetry in Spain is in
potential” of particular minorities or majorities. fact one of managing or balancing at two levels,
In many situations asymmetry may arise in that of the more visible bilateral fiscal and
response to the need to preserve a particular political negotiations between historic regions
union, and in many cases is a condition of and the center, and IGR between the center and
governance success. Asymmetry was first all or numbers of regions, as the estado de las
recognized in regard to different relationships autonomías, or state made autonomies has
among U.S. Southern states (Tarlton 1965), evolved. Understanding both levels is very
although it is applied in many other federal important. A historical sketch of plural Spain is
contexts, for example Canada, Belgium, India, presented next. That is followed by a look at the
and Malaysia. As Duchacek (1987) maintains, institutional arrangements and major features of
social, political, and economic differences asymmetry. Then emergence of asymmetry
ensure that no federal system is completely along with its management towards symmetry is
symmetrical. In this regard, the major analyzed. Finally, future challenges are assessed.
dimensions of asymmetry are normally
considered to be dejure, embedded in SPANISH PLURALISM: ASYMMETRY
constitutional and legal processes, and defacto, AND GOVERNANCE
arising from actual practices and relationships.
In fact, asymmetry has been found to have other The conditions leading to asymmetry in
important characteristics, such as horizontal Spain are regional in orientation, and go beyond
asymmetry (among units), a normative Basque and Catalan ethnic nationalism. In point
dimension, a relational dimension (i.e. one move of fact, other regions such as Aragon, Asturias,
effects another) and so on (Agranoff 1999, the Balearic Islands, Galicia, Navarre, and
intro.; Watts 1999). Valencia have always felt some degree of
separate identity, and regions like Andalucia and
Spain’s status as a federal country is The Canary Islands have historically felt degrees
disputed by some analysts and observers and of estrangement from the center. Moreover,
written off by others as a system that has many of these areas (Aragon, Basque Country,
“interesting federal features.” In fact, the Catalonia, Navarre and Valencia) experienced
Spanish Constitution does not formally create a degrees of self-rule or distinctive immunities
federation, but its state of autonomies built in regarding crown taxation and governance during
several federal features that as activated has led the Habsburg centuries. Overlaying regional
to the gradual building of a federal state identities were economic differences. The
(Agranoff 1996) through what Moreno (2001) Basque Country and Catalonia were the early
refers to as the “creation of a federal state by industrial regions and thus economic powers,
induction.” The contemporary system is best and their struggles with Madrid over differences
captured by Aja (2003: 97), one of the country’s in protectionism versus free trade were epic in
most able constitutional scholars, “the features proportion. Poorer agricultural regions, such as
of the autonomous state correspond to the Andalucia, Estremadura, and the two Castilles,
essential features of federal systems, and formed the core political center. This created an
because of the way the Constitution is inverted center-periphery pyramid, in which
political and economic powers were found in This was the situation faced by the
different poles. To many observers, economic constitution-makers in 1975-78 after Franco’s
grievances arising from Madrid’s control over death. The dual identities of many Spanish
economic tools (taxation, tariffs, import-export people, as so ably documented by Moreno
mechanisms) coupled with different subnational (2001), was manifested in governance in the
languages and cultures, were the key conditions region and country estado de las autonomías. It
of ethnic conflict. was created in line with what Moreno
characterizes as multiple ethno territorial
Fusi (1990), however, offers an alternative concurrence. “This model relates socio political
explanation. He argues that Spain was far from ethno territorial mobilization to the interplay
centralized in the nineteenth century and that the among Spanish nationalities and regions
construction of a Spanish nation-state was not a pursuing political and economic power, as well
function of Spanish political nationalism, but the as to the achievement of legitimization for their
result of a long, unplanned, and changing institutional development” (79). It is within the
process of adjustment of an ever-growing Moreno framework that symmetry/asymmetry in
machinery of government to the also growing Spanish IGR is manifested.
and changing problems of Spanish society.
Ethnic subnationalism rose simultaneously with BUILDING THE STATE OF
the beginning of unified nationalistic feeling, AUTONOMIES
Fusi argues, both trends gathering strength as
regional and national markets grew, as The 1978 Constitution avoids any
urbanization took on momentum, and as unified federal/unitary classification in favor of
systems of mass communication developed. It ambiguity. Article 2 states, “The Constitution is
was a process similar to that occurring in other based on the indissoluble unity of the Spanish
European countries. Thus, the centrifugal Nation, the common and indivisible country of
tendencies that appeared in some of the more all Spaniards; it recognizes and guarantees the
economically developed and culturally right to autonomy of the nationalities and
differentiated regions of the periphery were, for regions of which it is composed, and solidarity
the most part, not a manifestation of local amongst them all.” The Constitution then frames
resistance to Castilian domination. Rather, it was a three-tiered system. Article 137 allows for the
an index of the weakness of the Spanish state in organization of the country into “municipalities,
the nineteenth century, with its strong regional provinces, and any autonomous communities.”
identities, its private local networks of clientism The Parliament is to approve, upon petition by
and patronage (caciquismo), and its attachment groups of provinces or by a single province, a
to the feeling of patria chica, or loyalty-identity national statute of autonomy for each territory
that is rooted in the village and region. (AC and territory are subsequently used
interchangeably). The route to autonomy was
Whatever the precise explanation may be, made faster for the historic territories (based on
Spain has never been able to integrate all of its their Second Republic statutes and plebiscites)
regions into the predominate Castilian center. of Catalonia, the Basque Country and Galicia.
Political and economic struggles were These three territories and Andalucia (through a
transformed into regional conflicts during the special constitutional route) did accede to AC
late nineteenth and the first four decades of the status very quickly, whereas the other territories
twentieth century. An experiment with regional took a slower and somewhat different route to
autonomy was undertaken during the Second autonomy. Spain’s fifty provinces are currently
Republic of the 1930s, but it was followed by a divided into seventeen ACs, all of which
civil war fought in part over regional questions. achieved autonomy by 1983. Some incorporate a
This was followed by four decades of ethnic large number of provinces, e.g. nine (Castilla y
subnational cultural and devolutionary Leon) and eight (Andalucia), whereas seven
government repression under Franco. ACs are based on single provinces: Asturias, the
Balearic Islands, Cantabria, Madrid, Murcia, • Two ACs, Basque provinces and Navarre
Navarre, and La Rioja. are allowed to continue historic financial
concessions based on their fueros, or
Spain’s federal arrangements were immunities. These regimen foral or special
subsequently built by the governing process, regime regions collect income and other
following in many ways what Frederich (1968) major non-Social Security taxes and then a
calls a unitary country “federating” by portion to pay for central government
differentiating into a federally organized whole. services is negotiated in the form of a cupo,
“Federal relations are fluctuating relations in the or lump-sum payment. The other ACs are
very nature of things” (7). These features have called common regime regions. The bulk of
been built both by broad bilateral and their funding is from subvented central taxes
multilateral agreements among the key central and through tax sharing and grants.
and subnational interests (Agranoff 1996) but • Until 2002, when the last ACs accepted
also by the initial pre-autonomy actions, education, health and social services,
constitutional norms, interactions regarding the competencies were uneven among the 17
initial statutes of autonomy, state level basic ACs, with the Basque, Catalan, Andalucian,
legislation regarding the ACs, interpretations and Galician governments holding the
made by the Constitutional Tribunal, and the largest number.
political orientation of Spanish political partners • The Canaries AC, which is off the coast of
(Aja 2003: 95). Africa, retains all harbor and petroleum
taxes, and is exempt from the European
KEY ELEMENTS OF ASYMMETRY Union Value Added Tax (VAT). The other
14 common regime ACs receive only a
It would be impossible to fully elaborate on share of the petroleum and harbor taxes and
the entire range of asymmetric relations, and the remaining 16 regions pay the VAT.
they have been covered in other places • The government of Catalonia has
(Agranoff 1994; 1999; Moreno 1999; Máiz, maintained much greater regulatory and
Beramendi y Grau 2002). The major dimensions operational control over its financial
of defacto and dejure asymmetry will be institutions, collects a fee for oversight, and
highlighted: devotes the funds to economic development.
They also possess unique shared legislative
• The four faster route ACs have received controls over banking operations.
greater power transfers and at much earlier Traditionally, Catalonia also experiences tax
stages, and in some cases the slower route sharing to a greater extent than do other
communities did not receive certain powers common regime regions.
until over twenty years after the other four • Catalan and Galician legal codes are
communities. Some powers that are different from those of other communities,
essentially central, such as regional police, particularly in regard to civil or private law,
are only exercised in the historic family legislation, land tenure and land
communities. They also have fewer central inheritance.
government limits on their governments, • The three Basque provinces (sub AC
e.g., size of cabinets, timing of elections, governments) have greater powers, almost
and have experienced lower levels of like those of the other 16 ACs, compared to
transfers of central civil servants. other Spanish provincial governments,
• Distinctive status extends another step particularly regarding their power to levy
through the constitutional recognition of six taxes, fund municipalities, regulate other
co-official languages: Castilian, official in local governments, and govern their
all parts of Spain, Catalan, Eskaudi (Basque territories. They are also unique in that their
language), Galician, Valencian, and diputación councilors are elected by direct
Majorcan (the latter two derivatives of popular elections (the other provincial
Catalan).
and many others (Argullol et. al 2004) are transfer of powers process and to promote
actually shared powers. cooperation. Under a TC ruling, all
• Within these powers, particularly those of a competency transfers had to be unilateral in
dual nature, the state has chosen to adopt transfer commissions; one competency, one
many basic or framework laws that govern region through protracted program and fiscal
AC operation of nonexclusive competencies negotiations. Moreover, literally hundreds of
in health, education, urban development, and convenios de colaboración cut across
municipal supervision. For example, the numerous domestic arenas; agriculture,
Basic Law on Local Government (LRBRL), fisheries and fishing, health, social services,
enacted in 1985 and amended many times, labor, culture, and many more. These
establishes basic local government convenios bring together central, AC, and
organization, enumerates services to be sometimes local officials to work out issues,
provided, and otherwise regulates particularly administrative, of mutual
municipalities and provinces in the entire concern. There are also sectoral
country. conferences, comprised of central ministers
• From 1985-2002 the central government and AC ministers, to discuss major issues
used its powers of delegation of within their area, e.g. in environment, public
competencies to even out AC works, tourism, culture. These bodies focus
responsibilities. For example, the Pacto on legislative and administrative questions.
Autonomico of 1992 bound the major parties Finally, a Conference of AC Presidents,
to the transfer of major competencies in initiated in 2004, brings together first
health and education, along with pre- ministers. While too early to know its
existing social services, to all 17 ACs. impact, presumably their greatest potential
• Decisions or sentencias of the Constitutional would be in the legislative arena – affecting
Tribunal (TC) have not only controlled the all regions – at the central level. All of these
actions of some ACs (the overwhelming mechanisms are designed to involve large
challenges have involved Basque and numbers or all ACs in the IGR process, thus
Catalan AC issues), but have upheld the discouraging bilateral negotiations by the
right of the central government to intervene Basques, Catalans, or others.
in matters of constitutional integrity, • In foreign affairs, there have been examples
fundamental rights, and in matters of the of the Basque and Catalan ACs trying to
national interest. For example, the Tribunal engage in foreign relations, such as
has interpreted AC powers as including the attempting to exchange official
“right to make the final decision” regarding representatives, trying to fly the AC flag in
its competencies but has upheld the central other countries, requests for official
government’s role in basic legislation, in diplomatic receptions, all of which have
matters of fundamental personal rights and been refused by other countries and resisted
in matters of national interest. In these by Madrid. However, when the Basques
respects, it has overturned a Catalan law opened an EU office in Brussels, the TC
abolishing its provincial governments, set approved AC “international activity,” so
aside a Basque language law requiring that long as it does not compromise the unity of
all new AC civil servants to know and use Spanish foreign policy. Another problem
Eskudai, and upheld the right of the central area is that the Basques and Catalans have
government to become involved in tourism. resisted equal representation of all regions
The latter is an exclusive AC competency, on the EU Committee of Regions, but
but because of its connection to the equality remains. To encourage AC equality,
country’s economy, the TC upheld the all regions are now encouraged to engage in
central government role. trade missions, commercial and cultural
• The government in Madrid has used many exchanges, “sister city” alliances, transport
intergovernmental bodies to smooth out the linkages, and promotion of tourism.
• The central government’s role as the elsewhere). Most Basque people report a dual
negotiator and final arbiter with the EU has identity with being both Basque and Spanish.
to a degree eroded some AC competencies, Given rejection of the Ibarretexe plan by
by bringing all of them back through democratic means, the next step of the PNV is to
Madrid’s “final decision” role within the join with the central government Prime Minister
EU, where negotiations are country by Zapatero’s willingness to negotiate the statute of
country. In particular, this has affected autonomy and some aspects of constitutional
agriculture, fishing and fisheries, industrial reform. The PNV president Josu Jon Imaz, has
policy, environment, regional planning, called for a peace process based on the language
transport, culture, and energy policy (Colino of Northern Ireland’s Good Friday Agreement,
2001). in effect trading off peace with ETA for
constitutional reform. The leader of Batasuna,
In sum, while less visible than the political Arnaldo Otegi, has not moved much from the
processes of asymmetry seeking, the central call for independence, stating “the recognition of
government has attempted to manage asymmetry the Basque nation and our right to self-
through its IGR processes, principally in their determination” as essential (Economist 4-23-05
quest for symmetry among the regions. If p. 51).
symmetry is not possible for all regions, the
central government has sought at least to expand The Catalans are somewhat different in as
special rights and privileges for a significant much as the independence movement is small,
number of regions, making the asymmetry for a almost a fringe group. Only its small Catalan
few regions less patently obvious. The only Republican Left (ERC) has called for
exception to this rule has been the steadfast independence. Most Catalan nationalists’
refusal by the central government to expand the interest is in recognition as a “nation” and
special regime taxing powers of the Basque expanding the statute of autonomy to make it
Country and Navarre. The central government more independent in a federal sense of self-rule.
has not always been enthusiastic about diluting Most important are the calls for independent
its powers, but has sometimes had little choice, financing on the lines of the two special regime
and when it has done so, it has preferred to ACs. There are perennial calls for additional
generalize devolved powers, that is to offer café powers that set Catalonia aside but they tend to
para todos, or coffee for everyone instead of be in competency areas where the government in
champagne for the historic regions. Madrid can return the favor by eventually
expanding these powers elsewhere. While the
DISTINCTION, EXCLUSIVITY, revised statute sent to Madrid in 2005 was
INDEPENDENCE considered to be a “celebration” by AC president
Maragall, a follow-along survey suggested that
What do the regions seeking asymmetry only 4% of Catalans felt the statute to be
want? The answer is different for different important (Economist 10-8-05, p. 61). Beyond
regions. For many Basques, including the these issues there are minor irritants, where
Basque Nationalist Party (PNV), the answer is a people in the center resent Catalan provocations,
form of independence, with some form of free or such as advertisements that say “Catalonia: A
voluntary association with Spain. The terrorist Country in Spain” or “Catalonia: A Country” or
group ETA and its now outlawed political arm the ERC president’s 2005 call to Catalans not to
Batasuna not only want complete independence, back Madrid’s application for the 2012 Olympic
but unification of Navarre (part Basque in Games. These issues may cloud the atmosphere
ethnicity) and three Basque provinces in France for increased autonomy a bit, but the debate is
as an ultimate goal. However, survey after largely contained within the process of
survey indicates that a majority prefer a greater federalization.
autonomy or the current form of autonomy
(note: about one half of the people living in this The other regions seek asymmetry for a
AC are not Basques, but Spaniards from variety of reasons, some of which are not purely
nationalistic, often geographic. To the Canary ethnic recognition had to be dealt with. The
Islands’ AC, it is a mild form of nationalism, but solution generated by the Constitution was
more important its status as distant from the autonomous regional governments of a unique
mainland and the fact that it is not in Europe. To federalizing nature, mixing exclusive and
Andalucia, it is because it historically was a concurrent competencies. In the past quarter
coherent region, removed from Madrid, largely century the story of the estado de las
agricultural and poor, that was the last to fall to autonomías has in large part been an
the reconquest. It, along with the Canaries, also asymmetry/symmetry game, that is very
absorbs an extraordinary number of African political, wrapped up in Spanish IGR. Of course,
immigrants. Galicia is a historic territory, with a no one knows where it will lead in the long run,
distinct language, but it tends to make fewer as more and more powers are devolved. It is
demands while maintaining its existing land unlikely to reach the situation that has occurred
rights and other aspects of its legal code. It has in Belgium, where there is a small center and
been controlled by the same statewide right of large periphery. On the other hand, the historic
center party since the transition. To some other regions are unlikely to remain contented with
regions – Valencia, Aragon, Asturias, Balearic what they already have achieved. Thus the
Islands – nationality or distinctiveness claims process is ongoing, both political and
have emerged since the transition that are rooted governmental. The reason is that to date Spain’s
in traditions that go back at least to medieval answer to calls for asymmetrical treatment has
days. The Valencia AC, for example, named tilted more toward governmental than
itself as a “historic nation” in its proposed constitutional processes, and, to the degree that
revised statute of autonomy. The identity issues success has been achieved in balancing by
for these regions are mainly tied to culture, seeking symmetry, it is because the political
sport, and even regional food. However, as in forces that uphold the center are as powerful,
the Valencian situation, they rarely lead to also possessing considerable political support.
demands for asymmetries of any major This is likely to make the asymmetry issue very
consequence. interesting for sometime to come. It clearly
keeps Spain in the international news.
IS ASYMMETRY NECESSARY?