4 .- THE GOVERNMENT .- 4.1 .- Functions of Government is the institution responsible for the direction of domestic and foreign policy and as such directs the Administration. Therefore performs two functions: the role of political leadership and executive function. Its functions are: Direct the Civil and Military Administration. Run the General State Budget exercise regulatory power under this government and the Council and Ministers may approve decrees (to be issued by the King - Royal Decrees), issue of Government Executive Committee and the Ministers issue orders Ministerial. It may also issue rules with the force of law, decree-laws and legislative decrees. 4.2 .- .- The Prime Minister directs the action of the Government and coordinates the functions of other members. Capital is part of the system. a) Appointment of the Prime Minister .- He was appointed by the King after the Congress of Deputies as has previously invested their trust. In this it differs from other members of his government that the King appoints the President's proposal. The cases in which the Chairman will be appointed: * After the general elections. * For voluntary resignation of Prime Minister. * Upon the death of the * In cases of loss of confidence, approving a motion of censure or disapproval of a trust issue. The process is schematically. Queries to the King and parliamentary political groups to nominate a candidate. Completion of the consultations proposed by the King. The candidate presents his program to the Congress of Deputies. You vote of investiture. If you do not reach the absolute majority, successive proposals occur. If within two months of shortage in the King dissolved the Chamber and announces new elections. You can also arise where the candidate is proposed by a motion of censure. Once the candidate nominated by the King or by a motion of censure is the confidence of Congress, is appointed by the King in an act signed by the President of Congress. 4.3. Composition of Government .- The Government shall consist of President, Vice-President to assist him in his task of address (if deemed appropriate), the Ministers and other members established by law ministers meet in front of branches where Public Administration is organized, although there may be ministers without portfolio. Among the other members can highlight the Secretaries of State responsible for unique areas within the ministries. A) The Council of Ministers. - Is the highest organ of government, it has to adopt decisions that are not reserved to the President, especially approving the decrees enacted by the King. It comprises the President, Vice Presidents and Ministers though not exclude the presence of others, among which is common to find the Secretaries of State. The Government can also act through the Government Commission to co-ordinate with various ministries. In 1986, an Executive Committee of the Government to situations of crisis, to act in all matters affecting national security both inside and out. B) Principles of action of the Government .- We can highlight: - The primacy of the Prime Minister on the government. - It is a collegial body, and that arrangements are made jointly. - The political responsibility of the members of the Government is supportive. - In addition to this, each member of the Government has an individual responsibility for their management.c) Appointment and dismissal of members of the Government .- They are appointed by the King on the President and cease in the three cases in which the government ceases entirely: After the general elections. In cases of loss of confidence in parliament. By death or resignation of the Prime Minister in all cases the outgoing Government shall remain in office until the new government takes office. D) Staff members of the Government .- The members of the Government as such do not enjoy immunity or immunity, but enjoy gauging, which means your liability offense can only be brought in the Supreme Court. e) Organization of ministries .- At the head of each ministry has a Minister and under his authority will be an undersecretary of which depends a Technical Secretary General. Administrative resources of the ministries are organized into directorates-general, sometimes coordinated by a Secretary General. In this particular situation occupies the Secretary of State in charge of political activity, under which are some DGs. All these charges are freely appointed by Royal Decree of the Council of Ministers. 4.5 .- The relationship of confidence of the Parliament with the Government .- Once obtained by the Prime Minister the confidence of Congress, established two procedures to verify if it still exists, and these are: a) The motion .- A proposed resolution of the House to censure the Government and, if it is approved means that no longer has their confidence. The system under our Constitution is a constructive motion of censure, it means to be adopted at the same time requiring the vote of a majority of Congress in favor of a new prime minister. Its milestones are: Initiative .- can formulate at least a tenth of the Congress of Deputies, and must contain a proposal to Prime Minister (without the need to be Deputy) and have the explicit consent of the candidate. Period of Reflection .- admitted by the General Committee, voting may be done within five days after its submission. Discussion of Motion .- The proceeds first to the defense of the motion made by any of the signatories, and then opens the debate. Vote .- In order to be adopted requires the affirmative vote of the majority of Congress. Effects .- If not approved, the Government maintains, if approved, the Government has to submit his resignation to King, the candidate understands the confidence of the House and the King appointed him. b) Matter of Trust .- The formula the government when it wants to know or prove that retains the confidence of parliament. Its milestones are: Initiative .- It is for the Prime Minister, after deliberation by the Council of Ministers and will be made on a particular object, government program or policy statement, is submitted to the Bureau of Congreso.Periodo Reflection .- In this case there must be a minimum of 24 hours before the vote on the question Congreso.Debate .- Confidence in Parliament is conducted between the Prime Minister and the parliamentary groups (similar to the endowment), the President unlimited and divided into 30 groups minutos.Votación .- To be approved simply by the affirmative vote of a majority of the Diputados.Efectos .- If approved, the government is confirmed, if rejected the government resigns and King begins consultations to propose a new candidate.