How Spain Is Governed: King, Cortes and PM Explained (2026)
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Home / Articles / How Spain Is Governed: King, Parliament and Prime Minister Explained

How Spain Is Governed: King, Parliament and Prime Minister Explained

By Dmytro Shvechikov October 27, 2026 9 min read

Who actually runs Spain? The King? The prime minister? Parliament? If you read Spanish news for long enough, you'll see all three described as making decisions, plus a Constitutional Court that can overturn laws and seventeen regional governments with their own parliaments.

This guide untangles it: who does what, who gets elected and how often, and how the pieces keep each other in check.

It all starts with the 1978 Constitution

Spain's current system rests on one document: the Constitution approved by referendum on 6 December 1978, three years after Franco's death and after almost four decades of dictatorship. Article 1 sets out three ideas that everything else follows from:

  • Rule of law:Spain is a social and democratic state under the rule of law (Estado social y democrático de Derecho).
  • Popular sovereignty:sovereignty belongs to the Spanish people, so power comes from voters, not from the crown.
  • Parliamentary monarchy:the form of government (Monarquía parlamentaria): a king as head of state, a government chosen through parliament.

That last word, parliamentary, is the key to the rest of this article. Spain has a king, but the people who govern are chosen through parliament.

Three branches of power, and a King above them

Like most democracies, Spain splits power three ways:

  • Legislative:the Cortes Generales (parliament) pass laws and the budget.
  • Executive:the Government (Gobierno) runs the country.
  • Judicial:judges and courts (Jueces y Tribunales) administer justice.

The King sits above all three as head of state and arbiter — but he is not a branch of power himself.

The King Head of state and arbiter, above the three branches but not one of them
LegislativeParliamentCortes Generales
ExecutiveGovernmentGobierno
JudicialCourtsJueces y Tribunales
The 1978 Constitutionapproved by referendum on 6 December 1978
Three branches standing on one Constitution, with the Crown on top as a symbol rather than a fourth power. These colours mark the same institutions in every diagram below.

The King reigns, but does not rule

Spain's head of state is King Felipe VI, on the throne since 2014. Nobody votes for him: the crown is hereditary.

On paper his list of duties looks powerful. He signs and promulgates laws, convenes and dissolves parliament, calls elections, nominates the candidate for prime minister, is supreme commander of the armed forces and represents Spain abroad.

The catch is a mechanism called el refrendo (countersignature). Almost every act the King signs must be countersigned by the prime minister or a minister, and they — not the King — bear political responsibility for it. In practice, he formalises decisions others have already taken.

The King is the symbol of the state and its formal arbiter. Real political decisions are made by the Government and parliament, which answer to voters.
A royal act a law, a decree, the call of an election The Kingsigns PM or ministercountersigns: el refrendo
Who answers for it? Not the King. He formalises a decision someone else has taken. The one who countersigned. Political responsibility passes to the Government.
The countersignature rule: almost every act the King signs needs a second signature from the Government, and that second signer carries the responsibility.

Parliament: the Cortes Generales

Spain's parliament, the Cortes Generales, has two chambers: the Congress of Deputies and the Senate.

Congress seats 350 elected every 4 years
Absolute majority 176 the number to remember
Senate seats ≈266 209 elected + ≈57 regional

The Congress of Deputies (Congreso de los Diputados) has 350 seats, elected every four years by proportional representation, province by province. The number to remember is 176: an absolute majority. It comes up again and again — to elect a prime minister in the first vote, and to remove one.

The Senate is a mix: 209 senators are elected directly (generally four per province, and from the 2026 election one for Formentera), and around 57 more are appointed by the regional parliaments, so the exact size shifts slightly with population.

Both chambers pass laws, but Congress always has the final word.

350
Congress of Deputies Congreso de los Diputados 176 seats make an absolute majority 174 remaining seats
≈266
Senate Senado 209 elected directly, mostly four per province ≈57 appointed by regional parliaments
The two chambers of the Cortes Generales. In Congress, the dark red block is the 176 votes a prime minister needs in the first investiture vote.

Congress vs Senate: two chambers, unequal power

Why have two chambers at all? Because they do very different jobs.

  • How you vote:Congress — closed party lists. Senate — you tick named candidates (up to three per province).
  • Choosing the PM:Congress only, through the investiture vote.
  • Bringing the government down:Congress only, through a motion of censure.
  • Laws:the Senate can amend or veto a bill, but Congress can override it.
  • The Senate's one big power:approving Article 155, which lets the central state step in when a region breaks the law (used once, in Catalonia in 2017).

Both chambers are elected on the same day, for the same four years — but only Congress decides who governs.

  1. 1Congressdebates and passes the bill
  2. 2Senateapproves it, amends it or vetoes it
  3. 3Congress againhas the final word and can override the Senate
  4. 4The Kingsigns and promulgates the law
The road of a bill. The Senate can slow it down or send it back with changes, but it cannot block it: Congress decides in the end.

How the prime minister is chosen

This is the part that surprises most newcomers: Spaniards do not vote for their prime minister directly. They vote for parties, and the prime minister (officially Presidente del Gobierno) is whoever can win a vote in Congress.

The process runs in five steps:

  • 1. Election:citizens vote for party lists (elecciones generales).
  • 2. 350 seats:seats in Congress are shared out among parties.
  • 3. The King:he consults the leader of every party with seats (ronda de consultas) and nominates a candidate.
  • 4. Investiture:the candidate needs 176 votes in the first vote. If they fail, 48 hours later a simple majority — more yes than no — is enough.
  • 5. Prime minister:the King formally appoints the winner, who then picks the ministers.

If no candidate wins within two months of the first investiture vote, parliament is automatically dissolved and a new election is called. That's what happened in 2016 and again in 2019.

How steps 1 and 2 actually work, from the 52 electoral districts to the d'Hondt formula and why a blank vote can knock a small party out, is explained step by step in our guide to how Spain votes.

  1. The King nominates a candidateafter meeting every party leader with seats, the ronda de consultas
  2. First vote in Congressthe candidate needs 176 yes votes, an absolute majority YesThe King appoints the prime minister
  3. Second vote, 48 hours laternow more yes than no is enough; abstentions help YesThe King appoints the prime minister
  4. Still no prime minister after two months?counted from the first vote: parliament is dissolved and Spain votes again, as in 2016 and 2019
The investiture vote, step 4 above, is where governments are won or lost. A failed vote is not the end: further candidates can be put forward until the two-month clock runs out.
When Spanish news talks about "pactos" or "negociaciones" after an election, this is why: with no party holding 176 seats on its own, the candidate has to collect enough yes votes (or abstentions) from other parties to pass the investiture.

The Government, kept in check

The Government is the Council of Ministers (Consejo de Ministros): the prime minister, any deputy prime ministers and the ministers. The PM appoints and dismisses ministers freely. The Government directs domestic and foreign policy, defence and public administration, drafts the budget, and can pass emergency decree-laws — which Congress must approve within 30 days or they lapse.

Congress holds it to account in three ways:

  • Motion of censure:the moción de censura must be constructive — 176 votes and a named replacement PM. That is exactly how the government changed in 2018.
  • Confidence vote:in a cuestión de confianza, the PM asks Congress to reaffirm its support.
  • Control sessions:every week, in the sesiones de control, ministers answer MPs' questions in the chamber.

And it works both ways: the prime minister can ask the King to dissolve parliament early and call a snap election.

PMSitting prime ministerout one vote in Congress 176 of 350 needed PMNamed replacementin
Voting the Government out without agreeing on who comes next is not an option. That is what constructiva means, and it is how the government changed in 2018.
A Spanish motion of censure is a swap, not a dismissal: the same 176 votes that remove the prime minister install the successor.

The courts: judges answer only to the law

The core principle of the judiciary is simple: judges are bound only by the law — not by the Government and not by parliament.

Ordinary courts form a pyramid. Most cases start in the courts of first instance at the bottom, go up through the Provincial Courts (Audiencias Provinciales) and the National High Court and Regional High Courts (Audiencia Nacional, TSJ), with the Supreme Court (Tribunal Supremo) at the top.

The judiciary is run by the General Council of the Judiciary (CGPJ): 20 members on five-year terms, 10 elected by Congress and 10 by the Senate, each by a three-fifths majority. It appoints and promotes judges and oversees discipline. The Attorney General (Fiscal General del Estado) is proposed by the Government and appointed by the King after hearing the CGPJ.

  1. Supreme CourtTribunal Supremo
  2. National High Court and Regional High CourtsAudiencia Nacional, TSJ
  3. Provincial CourtsAudiencias Provinciales
  4. Courts of first instanceTribunales de Instancia
appeals go up

Most cases start at the bottom tier, and appeals go up.

The ordinary courts, from the local courts of first instance up to the Supreme Court. The Constitutional Court sits outside this pyramid.

The Constitutional Court

Separate from the ordinary courts stands the Constitutional Court (Tribunal Constitucional), the guardian of the Constitution.

It has 12 judges: four chosen by Congress, four by the Senate, two by the Government and two by the CGPJ. They serve nine-year terms, and a third of the court is renewed every three years, so it never flips all at once with a change of political majority. The King formally appoints them.

Its three jobs:

  • Reviewing whether laws comply with the Constitution — and striking them down if they don't.
  • Protecting citizens' fundamental rights on appeal (recurso de amparo).
  • Settling disputes between the central state and the regions.
4 Congress 4 Senate 2 Government 2 CGPJ
Each third serves nine years, and a new third starts every three years. Congress's four Senate's four Government's two and CGPJ's two 03691215
Who picks the 12 constitutional judges, and why the court never changes all at once: every three years one group of four is replaced.

Who elects and controls whom

Put it all together and you get a web where every institution is chosen or checked by another:

  • Citizenselect the Cortes every four years — but not the prime minister directly.
  • The Cortesinvest the Government, scrutinise it and can censure it.
  • The Governmentcan trigger an early dissolution of parliament (via the King).
  • Parliamentelects all 20 members of the CGPJ and 8 of the 12 constitutional judges.
  • The Constitutional Courtcan strike down any law parliament passes.
Nobody has the last word on everything. That is the whole point of the design.
Who elects and controls whom: citizens elect the Cortes but not the prime minister; the Cortes invest, scrutinise and censure the Government, which can dissolve them early via the King; the Cortes elect all 20 CGPJ members and 8 of 12 constitutional judges; the Government and the CGPJ choose 2 judges each; the Constitutional Court can strike down laws.elect every4 years✕ do not electthe PM directlyinvest, scrutinise, censureearly dissolution, via the Kingelect all 208 of 12 judgescan strike downits laws2 judges2 judgesCitizensvotersCortesparliamentGovernmentPM and ministersCGPJjudicial councilConst. Court12 judges Who elects and controls whom: citizens elect the Cortes but not the prime minister; the Cortes invest, scrutinise and censure the Government, which can dissolve them early via the King; the Cortes elect all 20 CGPJ members and 8 of 12 constitutional judges; the Government and the CGPJ choose 2 judges each; the Constitutional Court can strike down laws.elect every4 yearsinvest,scrutinise,censuredissolveearly, viathe Kingelectall 202 judges8 of 12judges2 judgesCitizensvotersCortesparliamentGovernmentnot directly electedCGPJjudicial councilConst. Courtstrikes down laws
Every arrow is a power one institution holds over another. Follow them and no box ends up controlling all the others.

Power is split vertically too

Spain is a "State of Autonomies". Beyond Madrid, power is shared out among:

Autonomous communities 17 each with its own parliament
Autonomous cities 2 Ceuta and Melilla
Municipalities ≈8,100 plus 50 provinces

And the same pattern repeats at every level:

  • Country:citizens elect Congress, which picks the prime minister. It handles defence, foreign policy and pensions.
  • Region:citizens elect a regional parliament, which picks the regional president. It handles healthcare, education and, in some regions, policing.
  • Town:citizens elect councillors, who choose the mayor. It handles streets, transport, waste and permits.

That is why your doctor's appointment depends on your region's health service, while your empadronamiento is done at the town hall.

Citizens vote at every level
Country CongressCongreso picks Prime ministerPresidente del Gobierno
Region Regional parliamentParlamento autonómico picks Regional presidentPresidente autonómico
Town Councillorsconcejales pick Mayoralcalde
One pattern, three levels: voters elect an assembly (red), and the assembly picks the leader (blue). Nobody votes for a prime minister, regional president or mayor directly.

How often Spaniards vote

  • General elections:at least every four years, and sometimes early — like the snap election called for 29 November 2026. See how Spain votes for how those votes become seats.
  • Regional elections:every four years; dates vary by region.
  • Municipal elections:every four years, in May, on the same day across Spain.
  • European elections:every five years, for 61 MEPs.

Some key posts are not chosen by voters at all: the King (for life, hereditary), the CGPJ (five years, elected by the Cortes), the Constitutional Court (nine years, a third every three years) and the Ombudsman (Defensor del Pueblo, five years, elected by the Cortes).

2023202420252026202720282029203020312032
GeneralCongress and Senate, at least every 4 years 29 Nov 2026, snap election
Regionalevery 4 years, dates vary by region
Municipalevery 4 years, in May, all of Spain on one day
Europeanevery 5 years, 61 MEPs
heldstill to come (as of October 2026)
Ten years of Spanish elections. Regional dots show the most common date; a few regions vote on their own calendar.

The big picture

Power in Spain is shared so it can't pile up in one place. Parliament makes the laws, the Government runs the country, and the courts apply the law. The King is the symbol and the arbiter, and the Constitution stands above them all.

Once you know that the prime minister needs Congress, that Congress needs 176 votes to change anything big, and that the regions run most day-to-day services, Spanish political news becomes a lot easier to follow. If you'd like that news in five minutes a day, in English, Spain Daily sends it every morning for free.

Frequently asked questions

Do Spaniards vote for the prime minister directly?
No. Spaniards vote for party lists in Congress. After the election, the King consults party leaders and nominates a candidate, who must win an investiture vote in Congress: 176 votes in the first round, or a simple majority 48 hours later.
What does the King of Spain actually do?
The King is head of state: he signs laws, calls elections, nominates the candidate for prime minister and represents Spain abroad. But almost every act he signs is countersigned by the Government, which takes political responsibility. He reigns but does not rule.
What is the difference between the Congress and the Senate?
Congress (350 seats) chooses the prime minister, can remove the Government with a motion of censure and has the final word on laws. The Senate (209 elected plus about 57 appointed by regions) can amend or veto bills, but Congress can override it. The Senate's key own power is approving Article 155 interventions in a region.
How can a Spanish government be removed?
Through a constructive motion of censure in Congress: it needs 176 votes and must name a replacement prime minister at the same time. This happened in 2018. A government can also fall if the PM loses a confidence vote they called themselves.
What does the Constitutional Court do?
It checks that laws respect the 1978 Constitution and can strike them down, protects fundamental rights on appeal, and settles disputes between the state and the regions. It has 12 judges serving nine-year terms, with a third renewed every three years.
How many regions does Spain have?
Spain has 17 autonomous communities and 2 autonomous cities (Ceuta and Melilla), plus 50 provinces and around 8,100 municipalities. Each autonomous community has its own statute, parliament and government.
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Written from first-hand experience in Spain and reviewed by a human.

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