Line of succession to the Spanish Throne
Encyclopedia
Spain
uses the system of (male-preference) primogeniture
. Male children succeed before female, and otherwise in order of age. If descent from male children does not exist (ever or any longer), a female and her heirs succeed. Dynasts who marry against the express prohibition of the king or the Cortes
are excluded from the succession together with their descendants. Disputes about the succession are to be settled by legislation.
In its 2004 election manifesto the victorious Spanish Socialist Workers' Party
(PSOE) included plans to adopt a gender-blind succession rule like that used in Denmark
, Netherlands
, Norway
, and Sweden
, a proposal which was supported by the leader of the main opposition party, the conservative Partido Popular
. It was initially thought that the change would only apply to future generations but with all the major political parties in agreement that the system of primogeniture conflicts with the constitutionally established principle of sexual equality it is now planned that the law will be changed before the Princess of Asturias bears any male children, thereby securing the Infanta Leonor's position as second in line. The subsequent announcement, in 2006, that the Princess was pregnant with a second daughter has however removed any immediate urgency in the passage of the necessary legislation.
provides that "The Crown of Spain shall be inherited by the successors of H. M. Juan Carlos I de Borbón." To date, the Spanish government has not seen fit to clarify whether this provision includes anyone beyond the descendants of King Juan Carlos. "Successor" is not the same as "descendant" but can be understood to mean such successors as brothers, sisters, uncles, aunts, cousins, etc., presumably in the Line of Borbón which surname is mentioned in the Constitution.
The King's two sisters renounced their rights of succession, but those renunciations took place before the adoption of the Constitution and were not ratified by the Cortes as required by Section 57. The rights of earlier generations are similarly clouded by numerous renunciations and unapproved marriages which may or may not exclude the individuals involved from the throne.
Section 57 further provides that "Abdication
s and renunciations and any doubt in fact or in law that may arise in connection with the succession to the Crown shall be settled by an organic act." Presumably, legislation would be adopted to clarify the situation if all the descendants of Juan Carlos die off. As a final catch-all provision, Section 57 states that "Should all the lines designated by law become extinct, the Cortes Generales shall provide for succession to the Crown in the manner most suitable to the interests of Spain."
King Juan Carlos' three children are married and of child-bearing age. His daughters have already given him six grandchildren and his son, the Prince, has two daughters. As a result, it seems unlikely that Spain will need to look beyond the descendants of Juan Carlos to find future monarchs. Unless and until an organic act clarifies the rights of other members of the King's family, there is no way to determine who, if anyone, follows Infanta Cristina's descendants in the Line of Succession. As of July 2010, there is no bill before the Parliament developing the constitutional regulation on this matter.
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
uses the system of (male-preference) primogeniture
Primogeniture
Primogeniture is the right, by law or custom, of the firstborn to inherit the entire estate, to the exclusion of younger siblings . Historically, the term implied male primogeniture, to the exclusion of females...
. Male children succeed before female, and otherwise in order of age. If descent from male children does not exist (ever or any longer), a female and her heirs succeed. Dynasts who marry against the express prohibition of the king or the Cortes
Cortes Generales
The Cortes Generales is the legislature of Spain. It is a bicameral parliament, composed of the Congress of Deputies and the Senate . The Cortes has power to enact any law and to amend the constitution...
are excluded from the succession together with their descendants. Disputes about the succession are to be settled by legislation.
In its 2004 election manifesto the victorious Spanish Socialist Workers' Party
Spanish Socialist Workers' Party
The Spanish Socialist Workers' Party is a social-democratic political party in Spain. Its political position is Centre-left. The PSOE is the former ruling party of Spain, until beaten in the elections of November 2011 and the second oldest, exceeded only by the Partido Carlista, founded in...
(PSOE) included plans to adopt a gender-blind succession rule like that used in Denmark
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, Norway
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
, and Sweden
Sweden
Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
, a proposal which was supported by the leader of the main opposition party, the conservative Partido Popular
People's Party (Spain)
The People's Party is a conservative political party in Spain.The People's Party was a re-foundation in 1989 of the People's Alliance , a party led and founded by Manuel Fraga Iribarne, a former Minister of Tourism during Francisco Franco's dictatorship...
. It was initially thought that the change would only apply to future generations but with all the major political parties in agreement that the system of primogeniture conflicts with the constitutionally established principle of sexual equality it is now planned that the law will be changed before the Princess of Asturias bears any male children, thereby securing the Infanta Leonor's position as second in line. The subsequent announcement, in 2006, that the Princess was pregnant with a second daughter has however removed any immediate urgency in the passage of the necessary legislation.
Line of succession
Current Monarch: Juan Carlos I of SpainJuan Carlos I of Spain
Juan Carlos I |Italy]]) is the reigning King of Spain.On 22 November 1975, two days after the death of General Francisco Franco, Juan Carlos was designated king according to the law of succession promulgated by Franco. Spain had no monarch for 38 years in 1969 when Franco named Juan Carlos as the...
- HRH The Prince of AsturiasFelipe, Prince of AsturiasFelipe, Prince of Asturias de Borbón y de Grecia; born 30 January 1968), is the third child and only son of King Juan Carlos and Queen Sofía of Spain....
, son of King Juan CarlosJuan Carlos I of SpainJuan Carlos I |Italy]]) is the reigning King of Spain.On 22 November 1975, two days after the death of General Francisco Franco, Juan Carlos was designated king according to the law of succession promulgated by Franco. Spain had no monarch for 38 years in 1969 when Franco named Juan Carlos as the...
. - HRH Infanta LeonorInfanta Leonor of SpainThe Infanta Leonor of Spain is the first child of Felipe, Prince of Asturias, and his wife Letizia. Her father has no sons and she is thus second in the line of succession to the Spanish throne after her father...
, elder daughter of The PrinceFelipe, Prince of AsturiasFelipe, Prince of Asturias de Borbón y de Grecia; born 30 January 1968), is the third child and only son of King Juan Carlos and Queen Sofía of Spain....
and Princess of AsturiasLetizia, Princess of AsturiasLetizia, Princess of Asturias , is the wife of Felipe, Prince of Asturias, the heir apparent to the Spanish throne... - HRH Infanta SofíaInfanta Sofía of SpainThe Infanta Sofía of Spain is the second child of Felipe, Prince of Asturias and his wife Princess Letizia. As the daughter of the heir-apparent to the throne, she is styled and titled Her Royal Highness, Infanta of Spain...
, younger daughter of The PrinceFelipe, Prince of AsturiasFelipe, Prince of Asturias de Borbón y de Grecia; born 30 January 1968), is the third child and only son of King Juan Carlos and Queen Sofía of Spain....
and Princess of AsturiasLetizia, Princess of AsturiasLetizia, Princess of Asturias , is the wife of Felipe, Prince of Asturias, the heir apparent to the Spanish throne... - HRH The Duchess of Lugo, eldest daughter of King Juan Carlos.
- HE Felipe Juan Froilán de Marichalar y de BorbónFelipe Juan Froilán de Marichalar y de BorbónDon Felipe Juan Froilán de Todos los Santos de Marichalar y Borbón , Madrid) is the eldest son of the Duchess of Lugo, Infanta Elena of Spain and Don Jaime de Marichalar...
, son of Infanta Elena. - HE Victoria Federica de Marichalar y de BorbónVictoria Federica de Marichalar y de BorbónDoña Victoria Federica de Todos los Santos de Marichalar y de Borbón is the daughter of the Duchess of Lugo, The Infanta Elena of Spain and Don Jaime de Marichalar...
, daughter of Infanta Elena. - HRH The Duchess of Palma de Mallorca, younger daughter of King Juan Carlos.
- HE Juan Urdangarín y de BorbónJuan Valentín Urdangarín y de BorbónDon Juan Valentín de Todos los Santos Urdangarín y de Borbón , in Basque: Joan Balentín Urdangarin de Borbon, is the eldest son of the Duchess and Duke of Palma de Mallorca, Infanta Cristina of Spain and Iñaki Urdangarín. Juan is eighth in the line of succession to the Spanish Throne, after his...
, eldest son of Infanta Cristina. - HE Pablo Urdangarín y de Borbón, middle son of Infanta Cristina.
- HE Miguel Urdangarín y de BorbónMiguel Urdangarín y de BorbónDon Miguel de Todos los Santos Urdangarín y de Borbón is a member of the Spanish Royal Family, the third son of the Duchess and Duke of Palma de Mallorca, Infanta Cristina of Spain and Iñaki Urdangarín. Miguel is tenth in the line of succession to the Spanish Throne, after his mother and two older...
, youngest son of Infanta Cristina. - HE Irene Urdangarín y de BorbónIrene Urdangarín y de BorbónDoña Irene de Todos los Santos Urdangarín y de Borbón , is the daughter of Infanta Cristina of Spain and Iñaki Urdangarín, the Duchess and Duke of Palma de Mallorca...
, daughter of Infanta Cristina.
Succession to the Spanish throne
Section 57 of the Spanish ConstitutionSpanish Constitution of 1978
-Structure of the State:The Constitution recognizes the existence of nationalities and regions . Preliminary Title As a result, Spain is now composed entirely of 17 Autonomous Communities and two autonomous cities with varying degrees of autonomy, to the extent that, even though the Constitution...
provides that "The Crown of Spain shall be inherited by the successors of H. M. Juan Carlos I de Borbón." To date, the Spanish government has not seen fit to clarify whether this provision includes anyone beyond the descendants of King Juan Carlos. "Successor" is not the same as "descendant" but can be understood to mean such successors as brothers, sisters, uncles, aunts, cousins, etc., presumably in the Line of Borbón which surname is mentioned in the Constitution.
The King's two sisters renounced their rights of succession, but those renunciations took place before the adoption of the Constitution and were not ratified by the Cortes as required by Section 57. The rights of earlier generations are similarly clouded by numerous renunciations and unapproved marriages which may or may not exclude the individuals involved from the throne.
Section 57 further provides that "Abdication
Abdication
Abdication occurs when a monarch, such as a king or emperor, renounces his office.-Terminology:The word abdication comes derives from the Latin abdicatio. meaning to disown or renounce...
s and renunciations and any doubt in fact or in law that may arise in connection with the succession to the Crown shall be settled by an organic act." Presumably, legislation would be adopted to clarify the situation if all the descendants of Juan Carlos die off. As a final catch-all provision, Section 57 states that "Should all the lines designated by law become extinct, the Cortes Generales shall provide for succession to the Crown in the manner most suitable to the interests of Spain."
King Juan Carlos' three children are married and of child-bearing age. His daughters have already given him six grandchildren and his son, the Prince, has two daughters. As a result, it seems unlikely that Spain will need to look beyond the descendants of Juan Carlos to find future monarchs. Unless and until an organic act clarifies the rights of other members of the King's family, there is no way to determine who, if anyone, follows Infanta Cristina's descendants in the Line of Succession. As of July 2010, there is no bill before the Parliament developing the constitutional regulation on this matter.
Presumed lines
- King's elder sister Infanta Pilar, Duchess of BadajozInfanta Pilar, Duchess of BadajozInfanta Pilar of Spain, Duchess of Badajoz, Grandee of Spain, Dowager Viscountess de la Torre is the elder daughter of Infante Juan, Count of Barcelona and Princess Maria Mercedes of Bourbon-Two Sicilies, and older sister of reigning King Juan Carlos of...
, and her descendants. - King's younger sister Infanta Margarita, 2nd Duchess of Hernani, Duchess of Soria, and her descendants.
- Descendants of Infanta Beatriz of SpainInfanta Beatriz of SpainThe Infanta Beatriz of Spain was a daughter of King Alfonso XIII of Spain and Victoria Eugenie of Battenberg and paternal aunt of the current King Juan Carlos I.-Early life:Infanta Beatriz was born at La Granja, San Ildefonso near...
(1909–2002), eldest daughter of Alfonso XIIIAlfonso XIII of SpainAlfonso XIII was King of Spain from 1886 until 1931. His mother, Maria Christina of Austria, was appointed regent during his minority...
. - Descendants of Infanta Maria Cristina of SpainInfanta Maria Cristina of SpainInfanta Maria Cristina of Spain, Countess of Marone was the fourth child of Alfonso XIII of Spain and Victoria Eugenie of Battenberg and paternal aunt of the current King Juan Carlos I.-Early life:Infanta Maria...
(1911–1996), younger daughter of Alfonso XIIIAlfonso XIII of SpainAlfonso XIII was King of Spain from 1886 until 1931. His mother, Maria Christina of Austria, was appointed regent during his minority...
. - Descendants of Mercedes, Princess of AsturiasMercedes, Princess of AsturiasInfanta María de las Mercedes of Spain , Princess of the Asturias, for all 24 years of her life the heiress presumptive to the Crown of Spain, was the eldest daughter of King Alfonso XII of Spain and his second wife, Maria Christina of Austria.For a period from...
(1880–1904), eldest daughter of Alfonso XIIAlfonso XII of SpainAlfonso XII was king of Spain, reigning from 1874 to 1885, after a coup d'état restored the monarchy and ended the ephemeral First Spanish Republic.-Early life and paternity:Alfonso was the son of Queen Isabella II of Spain, and...
. - Descendants of Infanta Maria Teresa of SpainInfanta Maria Teresa of SpainInfanta Maria Teresa of Spain was the second eldest child and daughter of Alfonso XII of Spain and his second wife Maria Christina of Austria...
(1882–1912), Infanta of Spain, younger daughter of Alfonso XIIAlfonso XII of SpainAlfonso XII was king of Spain, reigning from 1874 to 1885, after a coup d'état restored the monarchy and ended the ephemeral First Spanish Republic.-Early life and paternity:Alfonso was the son of Queen Isabella II of Spain, and...
. - Descendants of Infanta María de la Paz of SpainInfanta María de la Paz of SpainMaría de la Paz of Spain was an infanta of Spain. A daughter of Queen Isabella II of Spain, she married her first cousin Prince Ludwig Ferdinand of Bavaria. She lived for the rest of her life in Germany, dedicating her time to her family, charity work and writing poetry...
(1862–1946), younger daughter of Isabella IIIsabella II of SpainIsabella II was the only female monarch of Spain in modern times. She came to the throne as an infant, but her succession was disputed by the Carlists, who refused to recognise a female sovereign, leading to the Carlist Wars. After a troubled reign, she was deposed in the Glorious Revolution of...
. - Descendants of Infanta Eulalia of SpainInfanta Eulalia of SpainInfanta Eulalia of Spain was a Spanish infanta known for her controversial books.-Early life:Eulalia was born in the Royal Palace of Madrid, the youngest child of Queen Isabella II of Spain and of her husband, Francis of Spain...
(1864–1958), younger daughter of Isabella IIIsabella II of SpainIsabella II was the only female monarch of Spain in modern times. She came to the throne as an infant, but her succession was disputed by the Carlists, who refused to recognise a female sovereign, leading to the Carlist Wars. After a troubled reign, she was deposed in the Glorious Revolution of...
, etc.
See also
- List of heirs to the Spanish throne
- List of Spanish monarchs
- Spanish Royal FamilySpanish Royal FamilyThe Royal Family of the Kingdom of Spain consists of the current king, Juan Carlos, his spouse, Queen Sofia of Spain and their direct descendants. The Spanish royal family belongs to the House of Borbón...
- CarlismCarlismCarlism is a traditionalist and legitimist political movement in Spain seeking the establishment of a separate line of the Bourbon family on the Spanish throne. This line descended from Infante Carlos, Count of Molina , and was founded due to dispute over the succession laws and widespread...