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The Spanish Line of Succession: Article 57 of the Constitution
Spain is one of the two countries where the House of Bourbon still reigns, the other being Luxembourg [1]. Unlike most European monarchies, its order of succession is written into the Constitution of 1978 itself, in Article 57 [2]. This page explains what that article says, how it worked when King Juan Carlos I abdicated in 2014, and who stands in line today, using only the sources listed at the end.
What Article 57 says
Article 57.1 states that the Crown of Spain is hereditary "in the successors of H.M. Don Juan Carlos I de Borbón, legitimate heir of the historic dynasty" [2]. It then sets the order in four steps [2]:
- an earlier line is always preferred to later ones;
- within the same line, the nearer degree is preferred to the more remote;
- within the same degree, a man is preferred to a woman;
- within the same sex, the elder is preferred to the younger.
This system is known as male-preference primogeniture [3]. The rest of the article covers four further points [2]:
- The heir's titles (57.2). The heir to the throne holds the dignity of Prince or Princess of Asturias, and the other titles traditionally linked to the heir, from birth or from the event that gives rise to the right.
- Extinction (57.3). If all the lines entitled by law die out, the Cortes Generales (the Spanish parliament) shall provide for the succession "in the way that best suits the interests of Spain".
- Prohibited marriages (57.4). A person in line who marries against the express prohibition of the King and the Cortes Generales is excluded from the succession, together with their descendants.
- Abdications and doubts (57.5). Abdications, renunciations and any doubt of fact or law about the order of succession are to be resolved by an organic law.
Two neighbouring articles complete the picture. Article 58 says the Queen consort, or the consort of a Queen, cannot take on constitutional functions, except under the rules on the regency [2]. Article 59 sets the regency: if the King is a minor, the King's father or mother takes it on, or failing them the nearest adult relative in line to the throne. A regent must be Spanish and of age [2]. Under Article 61, the King swears an oath before the Cortes Generales on being proclaimed. The heir swears the same oath, and an oath of loyalty to the King, on coming of age [2].
The 2014 abdication
Article 57.5 was applied in 2014. Organic Law 3/2014, dated 18 June 2014, contains a single article: "His Majesty King Juan Carlos I de Borbón abdicates the Crown of Spain", effective when the law came into force on publication [4]. Its preamble explains that the law makes the abdication take effect and that the succession then follows "automatically" in the order set by the Constitution [4].
Felipe VI was proclaimed King on 19 June 2014 [5]. His elder daughter Leonor was born in Madrid on 31 October 2005. According to the Royal Household, she became heir to the throne on her father's proclamation that day [5]. Under Article 57.2 she holds the title Princess of Asturias, together with Princess of Girona and Princess of Viana. These are the titles of the heir of the Kingdom of Castile, the Crown of Aragon and the Kingdom of Navarre, whose union formed the Spanish monarchy in the sixteenth century [5]. She is also Duchess of Montblanc, Countess of Cervera and Lady of Balaguer [5].
The line today
The Constitution limits the succession to the successors of Juan Carlos I [2]. The line as given by Wikipedia's article on the succession is [3]:
| Place | Person | Born | Relationship | Source |
|---|---|---|---|---|
| 1 | Leonor, Princess of Asturias | 2005 | Elder daughter of Felipe VI | [3][5] |
| 2 | Infanta Sofía | 2007 | Younger daughter of Felipe VI | [3] |
| 3 | Infanta Elena, Duchess of Lugo | 1963 | Elder sister of Felipe VI | [3] |
| 4 | Felipe de Marichalar y Borbón | 1998 | Son of Infanta Elena | [3] |
| 5 | Victoria de Marichalar y Borbón | 2000 | Daughter of Infanta Elena | [3] |
| 6 | Infanta Cristina | 1965 | Younger sister of Felipe VI | [3] |
| 7–10 | Juan, Pablo, Miguel and Irene Urdangarin y Borbón | 1999–2005 | Children of Infanta Cristina | [3] |
Felipe VI's sisters Elena and Cristina are older than he is. He comes before them because of the male-preference rule in Article 57.1 [2][3].
Open questions
The Constitution does not say whether "successors" of Juan Carlos I includes anyone beyond his direct descendants. Wikipedia notes that this has never been clarified [3]. The King's sisters, the Infantas Pilar and Margarita, renounced their rights on marriage, before the Constitution was adopted [3]. Beyond the descendants of Infanta Cristina, it is therefore unknown who, if anyone, follows in the line. Under Article 57.5 such doubts would be settled by an organic law [2][3].
The absolute-primogeniture debate
In its 2004 election manifesto the Spanish Socialist Workers' Party (PSOE) proposed moving to absolute primogeniture, under which the eldest child succeeds regardless of sex. The main opposition party, the People's Party, supported the idea [3]. The plan was to pass it before Letizia, then Princess of Asturias, had a son who would have displaced Leonor. The announcement in 2006 that the second child would be a daughter removed the immediate urgency [3]. With two daughters, Leonor stands first under either rule [3][5].
Licence: contains material adapted from Wikipedia, available under CC BY-SA 4.0 (https://creativecommons.org/licenses/by-sa/4.0/). This article is released under the same licence. Primary and institutional sources are summarised or briefly quoted.