Editing Monarchy of Spain (section)

===King, the government, and the Cortes Generales===
[[File:Constitucion espanola 1978.JPG|thumb|right|250px|A copy of the Spanish Constitution, signed by [[Juan Carlos I of Spain|King Juan Carlos]], is held at the Palace of the [[Spanish Congress|Cortes]].]]
The constitution defines the government's responsibilities.<ref name="King and Prime Minister" /> The government consists of the [[Council of Ministers of Spain|President of the Government and ministers of state]]. The government conducts domestic and [[Foreign relations of Spain|foreign policy]], civil and military administration, and the [[Spanish Armed Forces|defense of the nation]] all in the name of the king. Additionally, the government exercises executive authority and statutory regulations.<ref name="King and Prime Minister" /> The most direct prerogative the monarch exercises in the formation of Spanish governments is in the nomination and appointment process of the [[Prime Minister of Spain|President of the Government]] (''Presidente del Gobierno de España'').<ref name="King and Prime Minister" /><ref>{{cite web |url = http://www5.poderjudicial.es/secp10-11/Documentaci%C3%B3n%20Ingl%C3%A9s/FILES%20AND%20LINKS/Plain%20language/style%20guide%20european%20commission.pdf |title = The English Style Guide (Fifth edition: 2005 Revised: March 2009) |publisher = European Commission Directorate-General for Translation |date = 2009-03-01 |access-date = 2007-11-13 |archive-date = 24 October 2020 |archive-url = https://web.archive.org/web/20201024140735/http://www5.poderjudicial.es/secp10-11/Documentaci%C3%B3n |url-status = live }}</ref>{{NoteTag|The President of the Government is usually known as the ''prime minister'' in many English language publications as the title ''president'', outside of academic and business circles, has a republican connotation absent in the Spanish ''presidente''.}} Following the [[Elections in Spain|General Election]] of the [[Cortes Generales]] (''Cortes''), and other circumstances provided for in the constitution, the king meets with and interviews the [[List of political parties in Spain|political party leaders]] represented in the Cortes, and then consults with the [[Congress of Deputies (Spain)|Speaker of the Congress]] (who, in this instance, represents the ''whole'' of the Cortes Generales).

{{quote|{{ordered list |list_style_type = lower-alpha
| After each renewal of the Congress and the other cases provided for under the Constitution, the King shall, after consultation with the representatives appointed by the political groups with parliamentary representation, and through the Speaker of the Congress, nominate for the Presidency of the Government.
| The candidate nominated in accordance with the provisions of the foregoing subsection shall submit to the Congress the political program of the Government he or she intends to form and shall seek the confidence of the House.}}|Title II ''Government and Administration'', Article 99 (1) & (2), the Spanish Constitution of 1978.<ref name="Wiki Source Spa Constitution 78" /><ref name="King and Prime Minister" />{{NoteTag|{{langx|es|Artículo 99.
# Después de cada renovación del Congreso de los Diputados, y en los demás supuestos constitucionales en que así proceda, el Rey, previa consulta con los representantes designados por los grupos políticos con representación parlamentaria, y a través del Presidente del Congreso, propondrá un candidato a la Presidencia del Gobierno.
# El candidato propuesto conforme a lo previsto en el apartado anterior expondrá ante el Congreso de los Diputados el programa político del Gobierno que pretenda formar y solicitará la confianza de la Cámara.}}}}
}}

[[File:Solemne apertura de la XIV Legislatura 07.jpg|thumb|King Felipe VI addressing Parliament in the [[Solemn Opening of the Parliament of Spain|opening session]] of the [[14th Cortes Generales]] ]]

Constitutionally, the monarch may nominate anyone he sees fit as is his prerogative. However, it remains pragmatic for him to nominate the person most likely to enjoy the confidence of the Cortes and [[Government of Spain|form a government]], usually the political leader whose party commands the most seats in the Cortes.<ref name="King and Prime Minister" /> For the Crown to nominate the political leader whose party controls the Cortes can be seen as a royal endorsement of the democratic process, a fundamental concept enshrined in the 1978 constitution. By [[Constitutional convention (political custom)|political custom]], the king's nominees have all been from parties who hold the most seats in the Cortes. The king is normally able to announce his nominee the day following a General Election.

The king's nominee is presented before the Cortes by the Speaker where the nominee and his political agenda are debated and submitted for a [[Vote of Confidence]] (''Cuestión de confianza'') by the Cortes.<ref name="King and Prime Minister" /> A simple majority confirms the nominee and his program.<ref name="King and Prime Minister" /> After the nominee is deemed confirmed by the Speaker of the Congress of Deputies, the king appoints him as the new President of the Government in a ceremony performed at the ''Salón de Audiencias'' in the [[Palacio de la Zarzuela|la Zarzuela Palace]], the official residence of the king.<ref name="King and Prime Minister" /> During the inauguration ceremony, the President of the Government takes an [[oath of office]] over an open Constitution next to the [[Bible]]. The oath as taken by President Zapatero on his second term in office on 17 April 2004 was:<ref name="zapatero_sworn">{{in lang|es}} {{YouTube|dM3AZ47GZ0w|Rodríguez Zapatero is sworn into his second term}} ([[RTVE]]'s [[24 Horas (Spanish TV channel)|Canal 24H]], 12 April 2008)</ref>

{{quote|I swear, under my conscience and honor, to faithfully execute the duties of the office of President of the Government with loyalty to the King, obey and enforce the [[Constitution of Spain|Constitution]] as the main law of the State, and preserve in secret the deliberations of the [[Council of Ministers of Spain|Council of Ministers]].|Oath of office of President [[Rodríguez Zapatero]], given before the king 17 April 2004, La Zarzuela.{{NoteTag|{{langx|es|Juro/Prometo, por mi conciencia y honor, cumplir fielmente las obligaciones del cargo de Presidente del Gobierno con lealtad al Rey, guardar y hacer guardar la Constitución como norma fundamental del Estado, así como mantener el secreto de las deliberaciones del Consejo de Ministros.}}}}
}}

However, if no overall majority was obtained on the first vote of confidence, then the same nominee and program is resubmitted for a second vote within forty-eight hours.<ref name="King and Prime Minister"/> Following the second vote, if confidence by the Cortes is still unreached, then the monarch again meets with political leaders and the Speaker, and submits a new nominee for a vote of confidence.<ref name="King and Prime Minister" /> If, within two months, no candidate has won the confidence of the Cortes then the king dissolves the Cortes and calls for a new General Election.<ref name="King and Prime Minister" /> The king's royal decree is countersigned by the Speaker of the Congress.<ref name="King and Prime Minister" />

In the political life of Spain, the king would already be familiar with the various political leaders in a professional capacity, and perhaps less formally in a more social capacity, facilitating their meeting following a General Election. Conversely, nominating the party leader whose party maintains a plurality and who are already familiar with their party [[manifesto]] facilitates a smoother nomination process. In the event of [[coalition government|coalitions]], the political leaders would customarily have met beforehand to hammer out a coalition agreements before their meeting with the king. Once appointed, the President of the Government forms an administration whose ministers are appointed and removed by the king on the president's advice. No minister may take up his appointment until after they give their oath of office to obey the constitution with loyalty to the king.<ref name="Self Made Monarch" />

As early as 1975, Juan Carlos expressed his view that his role in the government of a "crowned democracy" would be for him to counsel and orient an administration's "thrust in action", but for the government to take the initiative without the need for it to involve the king unnecessarily in its decisions.<ref name="Self Made Monarch"/> Therefore, Juan Carlos abstained from presiding over cabinet meetings except under special occasions or circumstances.<ref name="Self Made Monarch" /> Generally, the king presides over cabinet meetings once or twice a year (more regularly if needed) to be directly informed by ministers of non-partisan national and international concerns.<ref name="Self Made Monarch" /> However, the king does meet weekly, usually on Tuesday mornings, with the President of the Government.<ref name="Self Made Monarch" />{{NoteTag|An exception to these weekly meetings is in August, while the king is on holiday in Majorca. Then the President or the Vice President travels to Majorica to meet with the king.}} During the [[2008–2009 Spanish financial crisis|late-2000s economic recession]] which gripped the nation, the king discreetly used his influence to facilitate a bi-partisan response to the crisis.<ref name="Spanish King rebrands for recession" />

Governments and the Cortes sit for a term no longer than four years when the president tenders his resignation to the king and advises the king to dissolve the Cortes, prompting a General Election. It remains within the king's prerogative to dissolve the Cortes if, at the conclusion of the four years, the president has not asked for its dissolution, according to Title II Article 56.{{NoteTag|Title II Article 56 the monarch is the "arbitrator and moderator of the regular functioning of the institutions" ({{langx|es|arbitra y modera el funcionamiento regular de las instituciones}})}} The president may call for earlier elections, but no sooner than a year after the prior General Election. Additionally, if the Government loses the confidence of the Cortes, then it must resign. In the event that a president dies or becomes incapacitated while in office, then the government as a whole resigns and the process of royal nomination and appointment takes place. The vice president would take over the day-to-day operations in the meantime, even while vice president himself may be nominated by the king.