General State Administration

The General State Administration is one of the Public Administrations of Spain. It is the only administration with powers throughout the national territory and it is controlled by the central government.

It is integrated by:

Its legal regime is set out in article 103 of the Spanish Constitution of 1978 and Law 6/1997 of April 14, about Organization and Functioning of the General State Administration, which establishes that the General State Administration, under the direction of the Government and with full submission to the Law, objectively serves the general interests, developing executive functions of an administrative nature. On October 1, 2016, the Law 6/1997 was repealed upon the entry into force of Law 40/2015.

The Ministers are the holders of a Ministry, being the hierarchically superior head of the branch in question. They perform the function of axis between their respective ministerial department and the own organ of Government, of which they are part. In this way, they are the head of a certain sector of the administrative apparatus, and at the same time, they are the base element of an organ of political character, as it is the own Government.

They are named and separated by the King of Spain on the proposal of the President of the Government of Spain. In the event that the President himself ceases, his ministers will leave the post together with him, something completely logical given that the bond of trust between the legislative branch and the executive branch occurs through the figure of the President of the Government, in this way, it is logical that if such a link is broken, all the components of the executive fall with him. Along the same lines, the President will be in charge of determining the number and competencies of the Ministries.

Regarding the functions of the Minister, it should be noted that they can be divided between those that he serves as a member of the Government, and those he performs as a Minister. Regarding this second aspect, it should be noted that there is an immense variety of functions that the Minister plays in his role of head and director of the corresponding Ministerial Department. The Law about Organization and Functioning of the General State Administration makes an exhaustive enumeration of functions, among which the ones related to the appointment and separation of the governing bodies of the Ministry, the determination of their internal organizational structure, human resources management, issues Economic and budgetary aspects of its Department, and to end representative functions, in a political (relations with the Autonomous Communities, etc.) and legal (acting on behalf of the legal entity of the State and imputation of its acts) sense.

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