A challenged council: the Spanish State Council between a decentralized advisory function and the publicity of opinions

ABSTRACT The Spanish Council of State is an institution with a long history. Under the current Spanish Constitution it is defined as the supreme consultative body of the Spanish Government. This article analyses the basic features of the Council of State focusing on its coexistence with the consultative bodies operating at the level of the regional governments in Spain. Looking to the future, the demand for more transparency and the publication of the Council of State’s opinions has to be balanced with the need to avoid the political instrumentalization of the Council of State as an institution as well as its reports.