The Politics of Decentralization in a Centralized Party System: The Case of Democratic Spain Author(s): Alfred P. Montero Source: Comparative Politics, Vol. 38, No. 1 (Oct., 2005), pp. 63-82 Published by: Ph.D. Program in Political Science of the City University of New York Stable URL: http://www.jstor.org/stable/20072913 Accessed: 09/03/2009 16:18 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at http://www.jstor.org/action/showPublisher?publisherCode=phd. Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit organization founded in 1995 to build trusted digital archives for scholarship. We work with the scholarly community to preserve their work and the materials they rely upon, and to build a common research platform that promotes the discovery and use of these resources. For more information about JSTOR, please contact [email protected]. Ph.D. Program in Political Science of the City University of New York is collaborating with JSTOR to digitize, preserve and extend access to Comparative Politics. http://www.jstor.org The Politics of Decentralization in a Centralized Party System The Case of Democratic Spain Alfred P. Montero H. Riker argued that the most distinctive aspect of federalism is "the consti tutionally assured potential for local governments to disrupt."1 Taken too far, inter and inefficient. conflicts could make policymaking unresponsive governmental Riker argued that such disharmony, when not effectively eliminated by the (^cen tralization of the administrative structure of the state, can be mediated by the central ization of the political party system. His argument focused on two dimensions of the William party system: the distribution of partisan loyalties between central and subnational government and the tendency of locally elected politicians to articulate local inter to Riker, the first dimension of disharmony ismore likely to be con ests. According trolled where the same party or alliance controls national government and most or all of the subnational units. This argument assumes that national parties are disciplined around partisan brokers who reside at the national level. These conditions are also crucial in reducing the tendency of subnational politicians to articulate local interests to the detriment of their affiliations. Therefore, centralized, disciplined parties with in partisan loyalties across the national-subnational high degrees of concordance divide are able to limit intergovernmental conflict. Riker's theory directly influenced more recent comparative studies of decentral ization that follow his notion that party system structures are the key independent variables in explaining the nature of intergovernmental relations. Most recently, the seminal work by Eliza Willis, Christopher Garman, and Stephan Haggard focuses on the location of party brokers, party leaders who shape the careers of politicians on the national and subnational levels through control over nominations and placement on electoral lists.2 In party systems inwhich these leaders are located in subnational in its policy responsibilities, government, the state ismore likely to be decentralized revenue-raising powers, and expenditures since these resources will flow to the cen ters of power that shape the political interests of national policymakers.3 There is an ongoing tension between national and subnational politicians in which national par tisans, especially those in government, prefer to limit the autonomy of subnational their own capacity to distribute resources across a governments in order tomaximize country based on the criteria of need and expected political payoffs.4 Closed elec toral lists empower party leaders who control not only nomination of candidates but 63 Comparative Politics October 2005 In short, the process of the probability of election through list placement.5 is shaped by bargaining among politicians, and "the structure of decentralization 6 political parties provides the medium through which such bargaining takes place." a to Democratic arguments about party organization Spain presents challenge also a centralized political party system with highly disciplined national state. Spain's transi organizations and a decentralized and continually decentralizing tion to democracy during the 1970s was a dual transition in the sense that itwas a since itmixes regime transition and a state transition, the latter involving the replacement of a cen tralized bureaucracy with a federal structure. Yet unlike the democratic transition that was based on consensual pacts among political elites and transparent institu tions, Spain's regional autonomy system (the state of the autonomies) was born in the context of intense intergovernmental conflicts and ambiguous institutions requir ing continued interpretation by legislatures, parties, the judiciary, and even the elec torate.7 These intergovernmental conflicts continued even during periods when the same party ruled the majority of regions and maintained an absolute majority in the or congreso). lower house of parliament (the chamber of deputies governing as even the conflicts continued the brokers who party managed Intergovernmental legislative process retained their capacity to shape the political careers of their copartisans. Why does Spain's experience diverge so apparently from the pre dictions of the Rikerian framework? To answer this question, arguments about the power of party organization have to be questioned fundamentally. national Challenging Party Organization Arguments applied to a broader set of experiences, party organization arguments fail to explain some aspects of change in the degree, pace, and structure of decentraliza tion, especially in cases of increased decentralization with centralized party systems. First, change in party system structures has been too slow or too shallow to explain significant shifts in intergovernmental policy responsibilities and resources over time When cases.8 Second, these explanations rely on a one-dimensional as partisan and not territorial.9 Governors and mayors interests of understanding have interests emanating from the offices they hold and not just the parties they rep resent. These interests are most obvious when regional presidents, such as those in Catalonia and the Basque Country, claim to represent "nations." Yet territorial inter ests are also apparent in nonnationalist leadership regions such as Asturias, whose and across different has sought to reverse the area's industrial decline under different party governments regionally and nationally.10 Party system structures are not irrelevant, but they are insufficient to explain decentralization. of shaping arguments focus too much on the mechanisms Party organization foci of other in the and decentralization political con they ignore legislative arena, 64 Alfred P Montero flict that determine decentralization. These limitations are apparent in countries that initiated their decentralization processes at the same time as their democratic transi tions. Simultaneous, dual transitions produced two fundamental tensions that explain outcomes: the simul the divergence in party system structure and decentralization and decentralization produced countervailing taneity of democratization logics in favor of both party system concentration and decentralization of the state, and democratization provided new political spaces for subnational interests to demand reforms in the state structure after transitions (and their founding constitutions) were initiated and established. These conditions are common in third wave democracies decentralization of the state has continued even as party systems struggle toward greater centralization under the exigencies of implementing reform.11 state and central Spain demonstrates that a political order with a decentralizing ized and disciplined national parties will still allow subnational interests to influence where public policy either through the articulation of policy differences within the national parties or through intergovernmental conflicts inwhich subnational executives repre sent territorial interests vis-?-vis the national government. Where the discipline of national parties is particularly robust, and the capacity of subnational partisans to represent their region's interests in parliament is weak, the weight of representing to intergovernmental conflicts and subnational interests will shift disproportionately from conflicts. away intraparty Riker's central claim that the political structure of government ismore influential than administrative structure in shaping the degree of decentralization needs to be reevaluated. The continued decentralization of the administrative structure can have a dynamic at least partially independent from the political structure. This dynamic is based on intergovernmental conflicts between subnational executives and national an arena in that of political conflict and cooperation not wholly is, governments, within the purview of parties and legislatures but legitimated and necessitated by the political logic of a simultaneously decentralizing democracy. Spain illustrates the most prominent ways in which the Rikerian framework fails to explain the degree, pace, and type of decentralization. The logic governing the consolidation of national democratic institutions diverged from the logic governing of the Spanish state as a federal administration. the recomposition In the hope of the sectarian and ideological conflicts that doomed the Spanish Republic (1931-36) and led to the Civil War (1936-39), most of the institutional choices dur ing the regime transition underscored the need for government stability.12 The elec toral laws devised in December 1976 favored the formation of a small number of avoiding disciplined national parties in full control of closed electoral lists for each of the fifty electoral districts.13 This system quickly became institutionalized around stable patterns of party competition including three to four statewide parties (the Union of the Democratic Center, UCD; the Socialists, PSOE; the Popular Party, PP; and the United Left, IU) and prominent regionalist/nationalist parties, the most important of 65 Comparative Politics October 2005 which were the Basque Nationalist Party (PNV) and the alliance of the two main i Uni?). Party identities remained the strongest pre parties (Convergencia dictors of the electorate's choices during most of the democratic period and, with the exception of the Basque Country and Catalonia, the two centrist parties following the implosion of the UCD in 1983, PSOE on the left and PP on the right, controlled Catalanist the regions and governed the national congreso. The parties themselves remained highly disciplined and mostly centralized organizations.14 In contrast to the centralization of political society, the regime transition set the stage for the decentralization of the state as an essential component of the consolida the transition and the new tion of Spanish democracy. The elites that negotiated democratic constitution created seventeen "autonomous" regions resources and policy responsibilities. Spain is therefore a useful of the administrative structure of hypothesis that decentralization a at to least according partly divorced from the institutions logic mentary with designated test case for the the state proceeds governing parlia behavior and the party system. Party Brokers and the Dual Party System in Spain is paradoxical for party organization arguments Increasing decentralization precisely because party brokers preside on the national level, the electoral system is closed-list, and the national legislative process is dominated by the interests of par in Europe, the compared to party systems elsewhere liamentary parties. When score at of of the end indicators internal discipline.15 The high Spanish parties national leaders of the UCD, PSOE, and PP all rely on formal powers reinforced by party statutes and the regulations governing the legislative process in the congreso that give these individuals singular control over their organizations.16 The UCD is the exception that proves the rule. The UCD was poorly institutionalized as a party, and its fractiousness led to its demise soon after the 1982 elections.17 system provides party leaders with extraordinary control over the election of candidates to parliament. Proponents of party organization arguments hold that this institution alone, ceteris paribus, is a factor favoring centralization if national party leaders control the lists.18 In Spain this assumption holds de jure, but the subna tional party organizations exert some influence defacto over the composition of elec The closed-list toral lists. Formally, both national and regional party leaders design the electoral lists, but the criteria they use inmost cases are not subject to a specific outline set down in party regulations. From extensive interviews of the general and organization secretaries of themajor statewide and nationalist parties in seven regions and interviews of national party bureaucrats, I surmise that the criteria used to advance politicians' careers differ primarily on whether 66 the list is for the congreso or the regional assembly. Each regional Alfred P Montero party office in all of the statewide parties and provincial organizations of the major nationalist ones inGalicia, the Basque Country, and Catalonia nominate candidates for the regional lists, and they have significant input in the composition of lists in the elec toral districts in their region for the congreso. Regional party officers may select local following the national notables on lists for the congreso. As Table 1 shows, diverse criteria, including attention to regional concerns, invariably emerge as notables for positions part of the process, which indicates that the subnational offices are not mere franchises of the national party office. But regional concerns shape candidate selection more sys temically in the composition of regional lists than in the composition of lists for the congreso, reflected in the more consistent tendency to value experience in subnational office and service to the party in the composition of regional lists. Because national party brokers must approve all recruitment choices, subnational party offices select can didates for the congreso's list that will pass the national electoral committee's scrutiny. The judgment of the national committee, in turn, is governed by the loyalty and service that the candidate has demonstrated to the party and not necessarily to the region. The nationalist parties are only partial exceptions, but they too favor national party service as the key determinant of placement on the national list.While the national electoral committee has final say over the regional lists, these organizations eschew micro management of the subnational lists, so most are accepted with few changes. Table 1 Candidate Recruitment Criteria for Seven Regions National List Region Regional List Andalusia Service to national party Service to local party; experience in local office Asturias Experience in regional/local office; service to national party Experience serving mining areas, local office The Basque Country Service to national party (PSOE/PP) or nationalist party (PNV) Experience in local office; willingness to serve local party Catalonia Professional non-politician of social standing; service to national party (PSOE/PP) or nationalist party and local experience (CiU) Experience in local office; service to local party Galicia Service to local party; experience in Service to thenational party (PSOE/PP); sectoral representatives local office (labor, business, etc.); experience in local office (PP); party notables Madrid Service to national party Service to local party; experience in local office Valencia Service to national party Service to local party; experience in local office (BNG) Source: Based on themost prominent answers in author interviews with general and organization secretaries of PSOE (including PSE and PCE), PP, CiU, BNG, and PNV, September 2002 January2003 and June 2003. If not specified, entries refer to all partisan respondents. 67 Comparative Politics October 2005 The rules governing the legislative process, codified into the Reglamento del of de los the and 1982, autonomy Diputados February Congreso strongly support power of national partisan brokers. Individual deputies have little autonomy from their grupos parlamentarios (parties) or their leaders.19 The law prohibits individual own organizations. Deputies who fail to join one of from their politicians forming the congreso's parties are lumped into a single heterogeneous grouping called the one as must act grupo mixto (mixed group), which entity. Legislation must be pro a posed by parliamentary group, and amendments to an entire bill must be presented by a parliamentary group.20 The parliamentary groups shape the composition of the official governing body of the parliament, the mesa, that is formed prior to the for mal instauration of a new government and is responsible for procedure. The parties also elect the president of the chamber, who heads the mesa. Thematic committees is based on the distribution (some permanent and others ad hoc), whose composition of seats by party in the congreso, reshape initial legislation and release reports that are the focus of discussion in plenary sessions before votes are taken. The formation of committees and even the implementation of parliamentary rules on a daily basis are determined by the whips of the congreso's parliamentary groups, who negotiate individual (junta de portavoces). Consequently, frequently as a rules committee deputies in interviews and surveys report consistently that they have little influence whenever a single party enjoys an absolute majority, since the party's leaders tend to determine the agenda.21 In short, the Spanish party system has elements of centralization and decentral ization that together allow for the paradox of a system of nationally disciplined and their generally centralized partisan organizations that are capable of accommodating subnational legislatures and subnational party interests with those of unicameral offices. This dual system, as some scholars have argued, creates a channel for subna tional interests to pressure national parties to decentralize authorities and resources to favor their subnational partisans. Boix and Grau i Creus found evidence in pre vailing spending patterns and policy choice that seem to indicate the influence of intraparty pressures associated with subnational actors.22 The evidence suggests that subnational partisans regularly shape the policy choices of national party leaders, who are disposed to be responsive because the electoral interests of the national organization rely on the need to cultivate subnational constituencies. If the dual hypothesis is correct, both the national and regionalist parties in con influence on policymaking. gress should process subnational should recruit members with substantial subnational political For example, they experience and con tacts.23 Subnational governments and party offices, for their part, have strong incen tives to promote the political careers of partisans with strong local ties, as they will provide their local bailiwicks with a say in parliament and the national partisan apparatus.24 National 68 and subnational party leaders should be interested in perpetu Alfred P Montero in congress. The length of a ating the careers of these subnational representatives a determinant of a deputy's informal in the is congreso Spanish deputy's experience ties and understanding of the parliamentary process.25 Deputies who sit for a single mandate have less access to the backroom deal-making where the details of legisla are tion composed. tend to favor regional interests in their the regional electoral committees of lists for the regional parliament, national deputies with experience as composition have the best combination of service to the party and a pro should regional deputies file of representing the region's interests. Have subnational party offices effectively promoted these candidates on national lists? Do these national deputies have longer runs in the congreso than deputies with other subnational elected or appointed expe Since riences? Using data for all seven legislatures and the constituent assembly (LC), Table 2 demonstrates that, while the percentage of deputies with subnational experi ence expanded during the democratic period, municipal experience has been more representative of the subnational cohort in the congreso than regional parliamentary experience serve less time on aver experience. Moreover, deputies with municipal no subnational experience. Deputies with subnational parlia age than deputies with mentary experience tend very slightly to serve more time, but this tendency is not appreciable in either the descriptive or the correlative data. Through bivariate and multivariate ordinary least squares statistical analyses, the role of regional experience and type of experience were tested as determinants of the number of terms served in the congreso. None of these variables was significant. Even if the regional party offices have some (albeit not determinate) say in the selec tion of candidates for the national lists, they do not put up politicians with extensive subnational experience, and even when these candidates gain seats in the congreso, Table 2 Subnational Experience Term LC and Longevity Regional Deputies Municipal Office* 24.0 9.5 8.9 I27.9 i 0.9 11.4 Regional Experience 1.99 % _Average No Mayors 1.76 Terms by Type, LC-VII Served**_ Councilors 1.88 Experience 1.97 17.6 II 36.2 11.2 III 41.1 14.0 IV 49.2 20.1 30.4 51.2 24.3 33.9 VI 58.1 23.5 37.0 VII 59.6 24.5 41.1 V Reg. Deputies in the Congreso 22.9 N-1597 aIncludes only mayors ^For all legislatures and members of municipal councils. combined. 69 Comparative Politics October 2005 they do not stay long enough to gain much influence. By contrast, the regional gov ernments are composed by politicians favored by the subnational party office, so these politicians have both the incentives and the capacity to respond to the particu lar needs of the region. Although a more systemic analysis of the careers of the sub cohort in the congreso is necessary to come to firmer conclusions, the evi dence thus far suggests that the system is dual in the sense that party brokers exist at two levels. National party brokers articulate the interests of their national affiliations national in the congreso, while regional party offices address the interests of the regions and shape political careers in their regional assemblies. Yet the latter do not exert their interests or their representatives in the intraparty dimension in the congreso. Divided Government and the Nationalist Parties Some scholars of Spain have argued that decentralization has occurred when nation al parties are in particular need of subnational support. Cases of divided government, in the executive and legislative branches or the absence of same-party majorities in systems with coll?gial executives, will therefore be associated absolute majorities In another variant of divided government, the with greater levels of decentralization. or the coalition that controls national party government is not the same as the one that controls a majority of the subnational governments. Colomer usefully defines the two variants of divided government as "horizontal" (national executive-legisla executive), respectively.26 Riker tive) and "vertical" (national executive-subnational refers to the latter as "disharmony" and sees it as both a cause of intergovernmental conflict and a consequence of the inability of national parties to control subnational opponents.27 In Spain periods of horizontal divided government have coincided with the for of alliances between one of the major parties of the center, the PSOE or the PP, and the nationalist parties. More than the United Left (Izquierda Unida, IU), the mation third statewide party, the nationalist parties of Catalonia (CiU), the Basque Country (PNV), and the Canary Islands (CC) have been successful in negotiating governing in the congreso. Nationalist parties based in particular regions have fewer central government than statewide parties to acquire discretionary opportunities resources. Hence they have strong incentives to bargain their votes and support with alliances governing parties to get a piece of the fiscal pie for the regions they represent.28 These pressures have been most salient when national parties can not form majority governments or enact extraordinary legislation through supermajorities without the The support of regionalist parties (PSOE in 1993-96 and PP in 1996-2000).29 nationalist parties are also ideologically centrist, which favors them as strategic alliance partners when compared with IU.30 70 Alfred P Montero If correct, the horizontal divided government theory implies that the pattern of in Spain is overall one of slow or little decentralization punctuated decentralization more intense decentralization during periods of divided government. of by episodes But the actual pattern of decentralization does not bear out this prediction. As Table 3 demonstrates, the Spanish state became more decentralized, at a faster rate, during in the congreso (1982-93) than periods when the PSOE held its absolute majorities in the more recent period of minority governments. To be sure, this decentralization had much to do with the dynamics of the democratic transition and the creation of in the 1990s also decentral the state of the autonomies, yet minority governments ized significantly, even if not at the same high rate. The argument that the nationalists acted as powerbrokers or veto players during these minority governments must be subjected to a counterfactual test.Would decen that looks at the tralization have been less without their influence? A perspective of the 1980s produced a pow entire process would suggest that the decentralization erful trend that could not have slowed down even if the PP, supposedly the most cen in 1996. tralizing party (a point contested below), gained an absolute majority 1979 and 1999 the central government's share of total public spending in fell from 90 to 61.3 percent, while that of the autonomous communities rose Spain or decentralizing state in Europe from 12 to 26 percent.31 No other decentralized a this similar level of fiscal decentralization experienced during period.32 To be sure, as illustrated the nationalist parties have been catalysts for some decentralization, Between below, but their influence does not explain the overall pattern. Has the influence of the nationalist parties appeared primarily in the congreso? The horizontal divided government argument requires that the national composition of these parties reflect local interests and experiences. Yet the legislative branches of the nationalist represent their parties do not always directly or unquestionably more to On the nationalist members of tend have subnation average, parties regions. al experience prior to taking their seats in the congreso (57 percent for all eight leg islatures) than the PP (52 percent) and the PSOE (44 percent). Yet, if they represent their regions' interests in the congreso, they do not do so very long. Seventy-nine percent served one or two terms, compared to 73 percent of the PP and 71 percent of Table 3 Rate of Change in the Territorial Distribution of Public Expenditures, 1981-1999 1981-84 -13% Central +300% Regional Source: (London: Based on author's Frank Cass, 2001), 1987-90 1984-87 -9% -4% +40% +20% calculations from figures 1992-97 1990-92 1997-99 -6% -9% -5% +13% in Luis Moreno, +16% +23% The Federalization of Spain p. 66. 71 Comparative Politics October 2005 the PSOE, and only nine percent served four or more mandates, compared to 13 per cent of the PP and 19 percent of the PSOE. Members of the nationalist parties are also a third more likely to ask for a baja, or permission from their party to renounce their seat prior to the end of as representatives motivations Catalanist deputies show that PSOE to define themselves as the term, than members of the PP and PSOE. Their of their regions' interests are also suspect. Surveys of they are less likely than deputies from the PP or the representatives of their region and they are more like ly to identify themselves as representatives of their party.33 They are also less likely to meet with members of the Generalit?t parliament, which presumably they repre sent, than are the PP and PSOE with regional parliaments in general.34 Not surpris conflicts have emerged regularly within the CiU. For ingly, national-subnational Roca's led him to clash example, Miquel stewardship of the CiU in the congreso with Jordi Pujol, the longtime president of the Generalit?t, on numerous occasions.35 Differences among the congressional strategies of the nationalist parties also raise doubts that the nationalist parties fulfill the same function in the congreso. CiU has more of a parliamentary strategy in that it has maintained a steady leadership at the national level, while turnover is higher in the PNV and its legislative production is a third of the CiU's.36 The vertical divided government argument relies on Riker's point that party bro kers at the national level must control the political careers of the rank and file. favor centralization. Otherwise, intergovernmental harmony would not necessarily Yet in Spain the weakness of the representation of subnational interests in the con greso and the inability of subnational governments to influence their copartisans in the lower house through regular party channels give the regions incentives to pursue lobbying. Therefore, a high level of harmony would not necessarily extralegislative favor centralization in Spain, nor would a high level of disharmony guarantee decen tralization. Gordin found that there is no strong correlation between fiscal Accordingly, and the degree of partisan disharmony between national and subna decentralization tional levels in Spain.37 One reason for the weak correlation is that governments with absolute majorities, contrary to the logic of party organization arguments, have not resources. Both the PSOE and PP governments have decen to centralize preferred and tralized fiscal resources to partisan and nonpartisan subnational governments, the data do not show consistently that they have favored their copartisans dispropor tionately. For example, in 1996-99, when the PP was in power, two Socialist regions tended to be among the top three regions (along with (Andalusia and Castille-Le?n) the PP's partner, Catalonia, led by the CiU) to receive transfers and to sign coopera tive agreements with the center. Also, subnational governments, regardless of the party in power, are not restrained in lobbying for more resources. Subnational inter ests matter, and they will be represented in intergovernmental relations where subna tional advocates can find political space to do so.38 72 Alfred P Montero Party Structure Arguments in party structure may explain the paradox of an apparently disciplined party system with continued decentralization. While the PP has a highly hierarchical structure, the PSOE's federal structure may explain the decentralization during the Socialists' absolute majorities from 1982 to 1993.39 Some of the key figures on the governing federal council of the party, who are commonly referred to as the barons Differences are the current or former presidents of regions such as of the organization, and Andalusia. The Catalan and Basque Castille-La Mancha, Extremadura, that and Socialists maintain their own party organizations PSE, respectively) (PSC are affiliated with the national PSOE and follow it in the congreso, but they explicit ly represent the interests of their regions. Since 2000 candidate selection in the PSOE has been determined by internal primaries, thus increasing the influence of in the regional parlia subnational interests. The PP, by contrast, had few majorities ments prior to 1995, so it has less need to have a decentralized internal organization. Also, its internal cleavages are more ideological and less regionalist than the older PSOE's.40 Yet as an explanation for decentralization party differences seem to matter little. As reported in Table 3, fiscal decentralization accelerated once the PP came to one power in 1996 and belies the notion that party is more sensitive to subnational concerns than the other. The data show that more PP deputies have held subnational office prior to gaining seats in the congreso, 52 percent compared to 44 percent of PSOE deputies. In a poll of 212 deputies conducted in 1997, Uriarte showed that "service to the region" was slightly more important to PP deputies than to Socialist ones.41 National surveys done by the Centro de Investigaciones (CIS) Sociol?gicas show that deputies from both the PP and PSOE declare that representing their region is important in roughly equal proportions.42 Several factors account for the similarities of the two major parties in terms of how they mediate the effects of decentralization. First, the parties operate under sim ilar guidelines in the parliamentary process. Because of the need tomaintain parlia mentary discipline, their leadership is uniformly opposed to factionalism, of which regional loyalties are one variant. Second, as reported above, candidate selection methods are similar in both parties. Regional and provincial party offices have the right to propose candidate lists, but national electoral committees can amend these lists and hold ultimate authority over their approval. Third, both the PP and the PSOE have tended to address conflicts involving intergovernmental relations outside the parliamentary arena. This tendency in itself is indicative of similar internal struc tures. The PP and the PSOE are centralized and disciplined parliamentary parties that close off the autonomy of regional interests in the congreso. But the federal structure of the Spanish state creates other arenas inwhich regional concerns can be heard. 73 Comparative Politics The Weakness Some October 2005 of Intergovernmental Institutions of the Spanish intergovernmental system have argued that it has in the last few years into a phase of "cooperative federalism." 43 Since the intergovernmental system maintains numerous forums for center-periphery coopera observers evolved tion?sectoral the senate, and bilateral agreements?the conferences, party system need not aggregate the entire range of subnational interests. Various multilateral organizations emerged during the evolution of the state of the autonomies to iron out differences in policymaking between the central government and the seventeen the The from the relevant and the gov ministries, representatives regions. regions, on or coalition sit sectoral conferences party erning twenty-four (conferencias secto are and assorted interministerial committees that riales) organized thematically by policy area. In most cases negotiations on these committees flesh out the technical but in cases where there is significant decentralization, to a joint commit the intergovernmental disagreement, principals move negotiations tee for the transfer of administration (comisi?n conjunta a para la transferencia de competencias), which is staffed by representatives from the responsible ministry, the details of administrative regional government(s), and the ministry of public administration. The activities of these intergovernmental committees and sectoral conferences, however, demonstrate that they are limited in a number of ways. First, following a tribunal in 1983 (ruling 76/1983), the sectoral confer ruling by the constitutional ences can not override or change in any meaningful way the authorities already devolved to the regions. This protects the regions' extant policy rights, but it also limits the extent to which extensions of regional autonomy can be negotiated through the sectoral conferences. Consequently, the relevance of the sectoral conferences has of public administration data analyzed by Grau i Creus demon waned. Ministry strates that the frequency of meetings decreased after 1981-86, when the regions most of their authorities.44 The national government has shown little inter garnered est in reviving the sectoral conferences. Presently, it does not maintain consistent representation for permanent agencies on most of them. Second, the sectoral confer ences and the interministerial committees are also limited in their capacity to allow the regions a say in intergovernmental relations, illustrated by the example of the council of fiscal and financial policy of the autonomous communities (consejo de the primary body de las comunidades aut?nomas), fiscal y financiera to structure for the fiscal and administrative of the state responsible drafting changes of the autonomies. Council rules give the national government qualified votes, in practice as many votes as the regions, so the council is nothing more than a vehicle pol?tica through which the government gives itself recommendations.45 forms of shared rule between The weakness of multilateral governments 74 has underscored the importance of bilateral central and regional in resolving agreements Alfred P Montero are joint planning agreements disputes. The chief form of bilateral agreements as convenios. Most of the convenios involve the provision of central-level fis known cal resources to finance policy areas previously devolved to the regions; in most is necessary, as either most are signed by one cases, no multilateral negotiation or subsequently other regions bilaterally join the original signatory.46 region Corporatist rules promoted a centralization of patterns of labor and business rep resentation of their interests during the first years of democratization.47 The same can not be said for the regional governments. Given the weakness of intergovern mental institutions and the vacuousness of subnational representation in parliament, no corporatist system of interest intermediation for the regions emerged during or after the democratic transition. And even though corporatist institutions contributed to the centralization of economic and fiscal policymaking during the early years of the new democracy they did so less after years of intergovernmental bargaining over the fiscal structure of the state. The Persistence of Bilateral Intergovernmentalism The autonomy process created a set of institutions that gave the regions incentives and opportunities to renegotiate their fiscal powers over time. Given the weakness of subnational representation in the congreso, within the major parties, and in the for mal institutions of intergovernmental relations, renegotiation was continuous but uninstitutionalized. The largely resulting pattern of fiscal federalism was one of per bilateral that produced an uneven distribution of sisting intergovernmentalism resources and powers and a never-ending of and spiral cross-regional intergovern mental conflict. the state of the autonomies became part of the constitution, negotiations in the congreso over the shape and content of the fiscal federal system. began Between July 1979 and September 1980 draft legislation went back and forth between the two chambers of the Cortes. With UCD, PSOE, and PCE for and the AP/PP, the Once Catalan nationalists, and the Andalusian Socialist Party against, the Cortes approved Ley Org?nica 8/1980 on September 22, 1980. The Organic Law of Financing the Autonomous Communities de las Comunidades (Ley Org?nica de Financiaci?n a established of five in which the years (1980-86) Aut?nomas) provisional period details of each region's fiscal responsibilities in two succeeding five-year periods (1987-91 and 1992-96) would be negotiated with the national government. Article 13 of the law defined the role of the regions in collecting taxes for the central govern ment. These tax revenues are defined for each region as the percentage of participa en los ingressos del esta tion in the revenues of the state (porcentaje de participaci?n do). This figure determines the size of fiscal transfers to each region. Thus, it is usu ally the focus of intergovernmental negotiation of the fiscal system.48 75 Comparative Politics October 2005 From its inception, the fiscal structure created nodes of cross-regional and inter governmental conflict by producing an asymmetric model of fiscal federalism. The seventeen regions were divided into four distinct groups: the special regime regions, 143 regions with multiple provinces, and the the Article 151 regions, the Article Article 143 regions with single provinces. As Table 4 demonstrates, these differences determine significantly the resources that each region retains for autonomous policy and uniprovincial regions spend just over half and one making. The multiprovincial 151 regions do. Yet even third, respectively, per inhabitant, than what the Article these regions spend only just over two-thirds of what the special regime regions of the Basque Country and Navarre spend. These two regions keep most of what they collect in taxes as own resources (approximately 87 percent of their revenues). Other revenues come from fiscal transfers for health care spending (Insalud) and social security (Inserso). In turn, the Basque Country and Navarre transfer to the national treasury an amount (the cupo or quota) from their tax revenues that is negotiated every five years. The Article 151 and 143 regions were subject to a general model of financing. These regions have five types of income. First, and primarily, they collect taxes that they keep as their own resources, and they receive a percentage of national tax collec tions through fiscal transfers. Second, they receive subsidies for health care through Insalud and Inserso. Third, they receive fiscal transfers meant to address issues of and inequality through a national compensatory fund (fondo de underdevelopment interterritorial) and European structural funding. Fourth, they receive compensaci?n conditional fiscal transfers after signing bilateral convenios to fund national expendi tures in their territory. Fifth, they can accumulate debt. Fiscal transfers dominate the Table 4 Fiscal Structure of the Autonomous per Inhabitant, Based on the 1994 budget) Article Andalusia 232.22 Canary Is. 186.7 Article Aragon 60.4 122.2 Article Asturias 70.0 Cantabria 151 Regions (in Thousands Valencia 198.9 218.3 (Multtprovincial) CastiHeLeon 136.8 143 Regional Castille-La Mancha 166.7 Extremadura 129.2 123.06 (Uniprovincial) Madrid 73.9 78.5 Murcia 103.6 LaRioja 79.9 81.17 Special Regime Regions Basque Countrv/Navarre 314.8" Source: Figures taken fromMoldes Teo, "La participaci?n," p. 110, 76 of Pesetas, Average Galicia 240.6 Catalonia 233.2 143 Regions Is. Balearic Communities 314.8 Alfred P.Montero financing of the fifteen nonspecial regime regions (approximately 85 percent of all revenues). The regions spend money that they do not necessarily collect. instability in Spain's asymmetric fiscal federal structure produced considerable relations. First, the system created incentives for the regions to intergovernmental hoard resources and to overstate the costs of the services that they provide; the fiscal structure is not set and is perpetually subject to renegotiation. Regional governments mobilize politically to engineer terms that are favorable to them individually, even if costs to their neighbors. Individual regions also the new agreement externalizes next in the round of their bets losses hedge against potential bargaining by preserv ing scarce resources or, conversely, spending on visible (though not necessarily use ful) projects that might justify future funding from the center. Second, the reliance on fiscal transfers, most of which are unconditional, creates a gap between the costs of taxation and the benefits of spending. The tax-benefit gap broadens incentives for to spend in the present and plan future spending without fully under standing changes in the tax base. Current spending risks overshooting resources over the medium term. Since fiscal transfers and own resources are often not sufficient to cover the shortfall, regions must accumulate debt, which contradicts the efforts of the regions to stabilize public accounts.49 Finally, the inherently unequal governments distribution of authorities and resources cause the have-not regions to up the ante in their calls for new authorities. At the same time, the have regions attempt to protect their special rights versus the demands of the common regime regions. Interregional national relations, therefore, take on a zero-sum competitive dynamic since all actors know the national fiscal pie is limited.50 The result is a spiraling of demands for an expan sion of subnational authorities and resources that undermines any kind of rational or coherent fiscal logic implemented from the center. The evolution of the Spanish fiscal system reflects this logic of distributive conflict more than the presence of disciplined national parties with absolute majorities in the congreso. The end of the provisional period in 1986 led to negotiations concerning the fiscal federal system for the next five years. Each region (except the special regime regions) negotiated the cost of administering policies within their range of competence. While these costs were based on explicit variables in each area, no central agency was charged with calculating the real amounts. Each regional government tried tomaximize the cost per policy area in the hope of raising the ceiling of funding. After the first five year period (1987-91) was negotiated, the second five year period (1992-96) was con sidered. Both the central government and the regions agreed that total funding per poli cy area could not decline; therefore, the regional governments had an even stronger incentive to inflate the presentation of administrative costs to raise the funding ceiling still higher. These perverse incentives softened budget constraints considerably and put a premium on the ability of each region to exert leverage on the central government and the council of fiscal and financial policy. 77 Comparative Politics October 2005 At the same time, the regions were resources. The imposition of the VAT reduced the domain of taxes already increasingly pressed to find their own fiscal in 1985 as a prelude to accession to the EU in the hands of the regional governments, taxes the and main nonincome taxes, the impuesto sobre transmi including luxury siones patrimoniales and actos jur?dicos documentados. Efforts to decrease the tax in these taxes after the 1985 of Catalonia responded by issuing a white paper calling for the devolution of large percentages of the income tax (impuesto de la renta sobre las and an expansion of own resources for the region.51 Such pressure personas fisicas) expanded to include virtually all of the other regions, leading directly to a set of rec burden and encourage reform. The Generalit?t investment led to declines distributed by the council of fiscal and financial policy in June 1992 15 percent of the income tax to the nonspecial regime regions.52 The reform of the Ley Org?nica de Financiaci?n de las Comunidados Aut?nomas pro and the council of fiscal financial policy conditioned fiscal transfers to the posed by on tax Once it was implemented in of their income collections. 15 percent regions ommendations to decentralize 1994, the nonspecial regime regions gained substantial control over taxation. The Catalans, once again, proved to be the spearhead of reform, but in a way that led to the generalized decentralization of the income tax. Having secured extraordi nary influence in the national government following the governing pacts of 1993, Jordi Pujol demanded a doubling of the region's collection of income tax to 30 per cent. The Socialists acceded to 15 percent, but they had to buy the support of the less regions of Andalusia, Galicia, and Extremadura by guaranteeing these areas fund.53 Once the PP came to power additional monies from a national compensatory well-off in 1996 and signed agreements with three nationalist parties?PNV, CiU, and CC? a governing majority, to maintain it implemented a series of fiscal reforms that greatly expanded subnational resources. From 1997 to 2001 the national government agreed to cede the property tax, inheritance and donation taxes, gaming taxes, and another 15 percent of the income tax. The strategic-interactive dynamics of Spain's asymmetric fiscal federal system set the controls sought by governing that superseded up a decentralizing dynamic national parties. Fiscal decentralization proceeded in this open-ended fashion during Conflicts and side payments on the and minoritarian governments. majoritarian dimension determined of national-regional outcomes. government, not intralegislative or intraparty politics, Conclusions is the design of national representa The central paradox of Spanish decentralization tive institutions of democracy to enhance centralized administration but the continu 78 Alfred P Montero of the larger apparatus of the Spanish state. The party system ing decentralization failed to reconcile these tensions. The national and regional parties do not aggregate subnational interests either within the congreso or systematically within the parties role of intergovernmental committees, themselves. Given the mostly nonfunctional most of the major issues facing Spain's federal system have been addressed in the poorly institutionalized arena of intergovernmental distributive conflict. Iterated bar gaining, asymmetry of authority and resources among the regions, and a weak center that was incapable of imposing solutions without resorting to periodic mediation with regional presidents shaped intergovernmental distribution. Future research must explore these variables in distinct policy areas to assess intergovernmental dynamics in Spain. Rikerian party organization arguments provide insufficient explanations of the degree or pattern of decentralization. The major parties of Spain are disciplined and centralized organizations for the most part, and they have tremendous control over the legislative process. But they have not been immune from intergovernmental pres sures to decentralize policy authorities and resources emanating from regional gov ernments headed by subnational copartisans and opposition groups. This finding is consistent with work on party structures and state reform in other countries. In the experience of statewide parties in territorially decentralized (and decentralizing) countries inwestern Europe, organizations that previously favored centralization can become advocates of decentralization later (for example, the British Labour Party and the Flemish Liberal and Socialist parties), even when they are in government and even if, as with the statewide parties in Spain, they are relatively centralized. The preferences of central party brokers and their capacity to impose them on their subnational copartisans vary according to electoral concerns and policy choices.54 The nature of intergovernmental distributive conflict plays a key role in this strategic can be fully understood with refer game. Clearly, the argument that decentralization ence to the degree of centralization in governing parties is not sustainable in compar ative perspective. Most important in the failure of party organization arguments, the game of car rots and sticks that supposedly links national and subnational copartisans is not exclusive to the legislative arena. The behavior of copartisans in the legislature and in the larger multiarena of intergovernmental relations can differ substantially. The most disciplined parties operating in the most structured legislatures can assure that their deputies will vote according to the interests of the party brokers, but these insti tutional sources of discipline are of little use when attempting to convince subnation al incumbent copartisans to follow the party line. Such requests can threaten the interests of regional incumbents and require side payments or rethinking of reform and policy options. Scholars of representation argue that agents have imperative mandates to do what the principal would do. In the case of politicians motivated to represent their regions, decentralization of the state and a electoral and policy wholesale 79 October Politics Comparative 2005 centralized party system produce a dual imperative to represent both the party and the region. Politicians in parliament in these cases are poorly placed to fulfill the dual imperative. Subnational executives, however, can do both, and they have the to reconcile the two imperatives of representation political space and the means when they enter into conflict. This factor more than any other explains how a cen tralized and disciplined party system may have to deal with tralizing state that it does not sufficiently control. the dynamic of a decen NOTES like to thank Lourdes The author would ers for Comparative Politics 1. William H. Riker, Publishers, 1987), p. 74. review L?pez Nieto, Pedro Puy Fraga, and the three anonymous for their helpful comments and suggestions. The Development Federalism Kluwer Academic (Boston: of American in Latin 2. Eliza Willis, Christopher Garman, and Stephan Haggard, "The Politics of Decentralization America," Latin American Research Review, 34 (1999), 7-56; Christopher Garman, Stephan Haggard, and A Political Theory with Latin American Eliza Willis, 53 "Fiscal Decentralization: Cases," World Politics, between politicians and party bureaucrats. (January 2001), 205-36. These authors do not distinguish our purposes, of interests lies between national and subnational the relevant division politicians and bureaucrats. Party brokers may be likened to what Kitschelt bureaucrats, not between politicians the dominant coalition within European Social Democracy 3. See Stephan Haggard the party organization. See Herbert Kitschelt, Press, 1994). (New York: Cambridge University and Steven B. Webb, Incentives and "Political in Alfred P. Montero Brazil and Mexico Argentina, Compared," in Latin America Decentralization and Democracy (Notre Dame: University 4. "Fiscal Decentralization," p. 209. Garman, Haggard, and Willis, 5. Haggard and Webb, pp. 241^13. Relations: For and calls The Transformation of Fiscal Intergovernmental and David J. Samuels, eds., of Notre Dame, 2004). p. 48. Willis, Garman, and Haggard, "The Politics of Decentralization," and Mariano "Autonom?as See Jos? Ram?n Montero Torcal, y Comunidades dimensiones de Estudios Preferencias, y orientaciones Espa?a: pol?ticas," Revista 6. 7. ?poca), 8. 70 (October-December See Alfred P. Montero, Aut?nomas Pol?ticos en (Nueva 1990), 34. "After Decentralization: of Intergovernmental Conflict in Patterns 31 (Fall 2001), 43-64. Brazil, Spain, and Mexico," Publius: The Journal of Federalism, Argentina, in Latin and Mayors: The Politics of Decentralization 9. See Tulia Falleti, "Of Presidents, Governors, at the meeting of the Latin American Studies Association, Dallas, March America," paper presented 27-29, 2003. in in Global Markets: Subnational Industrial P. Montero, States 10. See Alfred Policy Shifting Brazil and Spain (University Park: Penn State University Press, 2002), ch. 4. Contemporary in Latin America and the State: The Politics 11. See Hector Schamis, Re-Forming of Privatization of Michigan Press, 2002). (Ann Arbor: University "The Spanish See Josep M. Colomer, 'State of the Autonomies': West European Politics, 21 (1998), 40-52. Europe 12. 13. Political See Richard Science 14. Ibid. 15. See Kitschelt, 80 "Electoral G?nther, 83 (September Review, pp. 223-24. Laws, Party Systems, 1989), 835-58. and Elites: Non-Institutional The Case Federalism," of Spain," American Alfred P.Montero in Robert A. Goldwin, Art and the Estado de las Autonom?as," 16. Juan J. Linz, "Spanish Democracy The Approaches A. Schambra, and William eds., Forging Kaufman, of Eight Unity Out of Diversity: Institute for Public Policy Research, Nations 1989), pp. 297-98. Enterprise (Washington, D.C.: American The Collapse "A Crisis of Institutionalization: of the UCD 17. Richard G?nther and Jonathan Hopkin, Parties: Old Jos? Ram?n Montero, and Juan J. Linz, eds., Political in Spain," in Richard G?nther, Press, 2002). (New York: Oxford University Concepts and New Challenges 18. Garman, Haggard, and Willis, "Fiscal Decentralization," p. 212. inManuel Alc?ntara 19. Lourdes L?pez Nieto, "Las Cortes Generales," and Antonia Mart?nez, eds., 2nd ed. (Valencia: Tirant lo Blanch, 2001), p. 228. to particular articles may be made by individual deputies, but the party's spokesper son (portavoz) must sign off before the change is presented formally. See Pablo O?ate, "La organizaci?n en Espa?a: de los Diputados in Antonia Mart?nez, del Congreso de los Diputados," ed., El Congreso Funciones y rendimiento (Madrid: Tecnos, 2000). Pol?tica y gobierno 20. Amendments en Espa?a, 21. Irene Delgado, "Elites pol?ticas inMart?nez, ed. espa?oles," 22. Caries Boix, Political Parties, and Strategies Grau i Creus, Integration Actividades y motivaciones de los diputados Conservative and Social Democratic Growth and Equality: in the World Economy Press, 1998), pp. 142^45; (New York: Cambridge University "The Effects of Institutions and Political Parties upon Federalism: The Channelling within in Spain the Comunidades Aut?nomas the Center-level Policy Processes Economic Mireia y vida parlamentaria: of Institute, Florence, 2000). (1983-1996)" (Ph.D. diss., European University "Notas sobre los pol?ticos: Opiniones de alcaldes 23. See L?pez Nieto, quehacer," Working 24. See Michael Political 25. Paper No. Keating, sobre su y diputados espa?oles Institut de Ci?ncies Politiques i Socials, 2000), p. 9. 179 (Barcelona: in Western Europe: The New Regionalism Territorial and Restructuring Edward Elgar, 1998). Change (Cheltenham: See Lourdes L?pez Nieto, Teresa and Antonia Lorenzo, auton?micos" (mimeo, 2003), Mercedes Monteagudo, p. 19. Alda, Esther del Campo, Jos? Ram?n Laorden, El?seo L?pez, "Un primer balance sobre la actividad de los parlamentos "Las instituciones Revista del federalismo," 26. Josep M. Colomer, (2000), 41. 27. Riker, pp. 93-94. multinacionalismo 28. Juan J. Linz, "Democracia, y federlismo," 1 (2000), 25. Pol?tica, 29. Espa?ola Revista de Ciencia Espa?ola 1 Pol?tica, de Ciencia B. Heller, in Europe: Parties and National Politics de las "Regional Spain's Estado 1993 to 2000," Comparative Political Studies, 35 (August 2002), 657-85. 30. Jordi Capo Giol, "Sistema electoral y gobernabilidad de Ciencia espa?ola," Revista Espa?ola \ (2000), 61. Pol?tica, 31. See Pedro Puy Fraga, "Financiaci?n auton?mica in Enrique Moldes Teo y reforma del Senado," William Autonom?as, and Pedro Puy Fraga, 1996), p. 60. eds., La financiaci?n de las Comunidades Aut?nomas (Madrid: Minerva Ediciones, 32. See Francesc Morata, "El Estado de las Autonom?as: Veinte a?os de rodaje," in Alc?ntara and Mart?nez, eds., p. 131. "La representaci?n 33. Antonia Mart?nez and M?nica M?ndez, in pol?tica en el Congreso espa?ol," Mart?nez, ed., pp. 236-37. 34. 35. 36. Ibid, p. 261. Linz, "Democracia," p. 25. See L?pez Nieto, "Las Cortes," p. 238. the Politics of Intergovernmental Transfers: Comparative Evidence Jorge P. Gordin, "Unraveling from Argentina and Spain," paper presented at the meeting of the Midwest Political Science Association, Chicago, April 3-6, 2003. 37. 81 Comparative Politics October 2005 38. William Coalition Subnational in Europe's Politics Government, Downs, Style: Multiparty Press, 1998), p. 218. (Columbus: Ohio State University Regional Parliaments See Mireia Grau i Creus, "Spain: Incomplete 39. in Ute Wachendorfer-Schmidt, Federalism," ed., and Political Performance Federalism (New York: Routledge, 2000), pp. 72-73. Luz Moran, "Renewal and Permanency of the Spanish Members of Parliament (1977-1993): on the Institutionalization of the Spanish Parliament," Working Paper No. 81 (Madrid: Center for Advanced 1996). Study in the Social Science, Juan March Foundation, 41. Edurne Uriarte, "La pol?tica como vocaci?n y como profesi?n: An?lisis de las motivaciones y de la 40. Reflections carrera pol?tica de los diputados espa?oles," Mart?nez and M?ndez, 42. p. 236. Revista Espa?ola de Ciencia 3 (October Pol?tica, 2000), 108. see Tanja A. B?rzel, For example, in the European Union: States and Regions Institutional in Press, 2002); and Robert Agranoff, Germany and Spain (Cambridge: Cambridge University Adaptation "Las relaciones Pol?tica y Sociedad, 13 (1993), y el Estado de las Autonom?as," intergubernamentales 87-105. 43. 44. iCreus, "The Effects of Institutions," p. 117. See Puy Fraga, p. 67. in Spain," Regional "Decentralization 46. Luis Moreno, regime inNavarre and the Basque Country usually obviates 47. For more on this argument, see Omar Encarnaci?n, Grau 45. Studies, 36 (2002), note 12. The special fiscal the need for these regions to sign convenios. and the Paradox of Corporatism," "Federalism in Joanne Bay Brzinski, Thomas D. Lancaster, and Christian Tushhoff, eds., Compounded Representation inWest European Federations (Portland: Frank Cass, 1999), pp. 102-3. en los ingresos del Estado," Teo and Puy in Moldes 48. See Enrique Moldes Teo, "La participaci?n Fraga, eds. 49. See Mar?a Casais Mira, "Los recursos tributarios de las Comunidades Aut?nomas: refer Especial encia al caso gallego," inMoldes Teo and Puy Fraga, eds., p. 103. 50. See Puy Fraga, pp. 64-65. 51. de Catalunya sobre elf?nan?a Generalit?t de Catalunya, Llibre blanc del govern de la Generalit?t ment autonomie i Finances, d'Economia (Barcelona: Departement 1985). 52. See Emilio Alvarado P?rez, "Veinte a?os de proceso auton?mico: dual," in Juan Luis Paniagua Soto and Juan Carlos Monedero, en Espa?a: Temas abiertos del sistema pol?tico espa?ol (Madrid: Editorial 53. Morata,p. 138. federalismo 54. 327?48; 82 see Seth Goldstein, For example, Downs, Coalition Government. "Party Leaders, Power Del federalismo eds., En Tecnos, and Change," al cooperativo torno a la democracia 1999), p. 370. Party Politics, 8 (2002),
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