Twelve Urgent Constitutional Reforms to Protect Democracy

Twelve urgent constitutional reforms are proposed to shield democracy from institutional corruption and political instability, focusing on strengthening checks on the government and the separation of powers.

The Spanish Constitution of **1978** laid the groundwork for our democracy, but time and recent experiences suggest it needs a thorough review. The goal is not to reinvent the wheel but to refine the mechanisms so that a system that has worked reasonably well is not compromised by authoritarian drifts or corrupt practices. The idea is to protect what is good, such as parliamentary monarchy, state decentralization, and EU membership, and safeguard it against those who seek to undermine it.

## Controlling Executive Power

One of the most sensitive areas is government oversight. Experience shows that an Executive can accumulate excessive power without effective counterbalances. Therefore, it is proposed, for instance, that failure to approve the General State Budgets before the year ends should automatically lead to the dissolution of Parliament and the call for new elections. This would necessitate greater diligence and responsibility in managing public finances.

Furthermore, the use of Royal Decrees and Decree-Laws is to be limited. These instruments, intended for urgent or extraordinary situations, should not be used for matters lacking such urgency or having significant budgetary or legislative impact. Their use should be restricted to appointments, dismissals, internal reorganizations, or exceptional circumstances like natural disasters or states of alarm. A more agile and effective mechanism for parliamentary dismissal of government members involved in crimes or demonstrating clear incompetence is also suggested. Automatic government cessation at the end of its term, without extension possibilities, and the immediate call for general elections are other measures to prevent perpetuation in power.

## Separation of Powers and Justice

The separation of powers is a cornerstone of any democracy. When this balance is disrupted, institutions lose legitimacy, and citizens are left unprotected. A profound reform in this area is proposed, starting with the election of the General Council of the Judiciary. The aim is for active judges and magistrates themselves to elect their representatives, eliminating political party and government interference.

The Public Prosecutor's Office, currently closely linked to the Executive, should have greater independence and be subject to stricter judicial oversight. Protecting popular action and accusation as fundamental rights, preventing their repeal or limitation by ordinary laws, is also considered essential. The abolition of the Constitutional Court is proposed, replacing it with a special chamber of the Supreme Court, limited to constitutional review and the protection of fundamental rights. The elimination of all immunities for public officials and increased transparency in administration are other measures to strengthen accountability.

## Territorial Organization and Parties

Title VIII of the Constitution, which governs the territorial organization of the state, is another point of debate. A redistribution of the model and competencies is sought to achieve greater clarity and avoid overlaps. The objective is to precisely define the exclusive powers of the state, autonomous communities, and municipalities, ensuring equal rights and obligations for all citizens.

The suppression of redundant administrative entities, such as provincial councils, and the elimination of ministries and general directorates whose responsibilities are already assumed by autonomous communities or municipalities are proposed. The elimination of historical privileges that may generate inequalities is also mentioned. Regarding political parties, a ban is proposed for those promoting secession of national territory or aiming to establish totalitarian regimes. Those convicted of terrorism, sedition, or organized crime should be dissolved, preventing their re-establishment under new names.

## Education and Citizenship

Education is another area where significant changes are proposed. The obligation to offer education in Spanish at all levels, from primary to doctoral studies, is mandated. The aim is to prohibit mandatory linguistic immersion for Spanish-speaking students, making the learning of co-official languages optional while ensuring the acquisition of basic knowledge. Barriers to access public aid and employment based on abusive language requirements are also proposed to be vetoed.

Finally, the right to vote is addressed. Habitual residence in Spain, including fiscal domicile, is required to exercise the right to vote and stand for public office. The distinction between nationality and active citizenship is sought, so that holding nationality does not automatically equate to full citizenship in terms of political participation.