361:
competencies between the State, the
Autonomous Community and the Local Authorities. Only European Community law in line with precedential Spanish Constitution 1978, provincial, diplomatic and judicial findings can be considered to have standing. Lack of a prior challenge does not negate future negation based on the national law. Spanish culture restrains many challenges that knowledgeable lawyers are prepared to pursue if required by a case.
370:
Constitution there is a great debate between
Constitutionalists and Communitarians as to which is supreme. For the former the Constitution is supreme, whereas for the latter the Treaties are supreme. In practice, the only time in which the Constitution and Treaties conflicted, the Constitution was modified to be in line with the Treaties.
360:
The relationship between autonomous and national laws depends the competencies established in the
Constitution and in the respective Statute of Autonomy. The Constitutional Court is the body with the power to decide if a law is constitutional or not as well as the power to resolve conflicts regarding
412:
3.1. Laws are to be interpreted according to the proper meaning of their words, in relation to their context, historic and legal records and the social reality of the time in which they have to be applied, paying particular attention to the spirit and finality of the above. 3.2. Equity must be
369:
As well as these three levels, reference must be made to EC law, which is an autonomous legal system applicable in Spain and whose laws are sovereign over national laws with virtue to the hierarchy of sources, which places international treaties at a higher level than the law. Regarding the
348:
Besides this, the
Spanish Constitution establishes the competency of the Autonomous Communities with regard to the regulation of certain areas, and their ability to create legal laws via their own Parliaments. In a procedure between the autonomous parliament and the national parliament the
49:
of 1978, which regulates the functioning of public bodies and the fundamental rights of the
Spanish people, as well as the organization and competencies of the different autonomous communities. The Constitution, as well as being directly applicable by the
32:
Spanish law follows the continental system, which means it is supported principally by the law in the broad sense (laws and regulations) and to a lesser extent by judicial decisions and customs. Likewise, it is a complex law, in which various
98:
The division of powers, a fundamental idea in liberal thinking, is the core of the political system. Although, the
Spanish Constitution only establishes the separation of functions. At its heart, national sovereignty permits the election, by
89:
questions a law, only the right of the declaration is available, and it must go to the
Constitutional Court with the question of constitutionality so that it can be declared, thus it is the only body which possesses the power to reject laws.
353:
exists, which is the fundamental law for the
Autonomous Communities. After this, the hierarchy of laws will be the law dictated by the autonomous parliament with regard to its regulatory competencies, dictated by the autonomous executive.
62:
All laws in Spain must be declared compatible with the
Constitution (all laws that contravene the Constitution are invalid). However, it is clear that a public body is needed to regulate the fulfilment of this rule. In Spain's case, a
210:. This is a collection of laws that organize or study the resources that constitute the finances of the State and the other public bodies. They regulate the procedures to obtain deposits and to regulate expenses and payments.
288:
establishes that inferior and superior laws to be distinguished. However, the relationship between laws is not limited to a question of hierarchy, but also relationships of competency exist between some laws and others.
229:. This is integrated by the collection of laws that regulate the person, the family, personal assets, contractual relations and the extra contractual civil responsibility . Within this we find the common and local law.
256:
In Spain, within public law is included the regulation of the highest state institutions, constitutional law, which regulates the organisation, competencies and functioning of the constitutional bodies (the
380:, ratified by Spain and thus part of the internal Spanish law. Given that the treaties have a higher hierarchical position compared to laws, in the case of conflict the Treaties will be given primacy.
276:
Also included within the realm of public law are criminal law, process law, financial and tax law and certain parts of labour law (infractions and sanctions of the public order, for example).
138:, an office which the public has access to, and in a jury, which is formed by nationals chosen by lottery in every case. The Constitutional Court controls the laws and the actions of the
373:
On its part, EC law is divided into original and derived law, the original having its origins in the
Treaties ratified by Spain, and the derived emanating from the EC institutions.
292:
With effect to this, the Spanish Constitution of 1978 is the supreme law, which regulates all the complex relationships between the different laws and their place in the hierarchy.
516:
273:, etc.), constitutionally recognised rights and the constitutional mechanisms to do with the interference by the public bodies with individual freedoms, rights and guarantees.
186:. This is the collection of laws and judicial institutions related to the organization of the constitutional bodies and the exercise of the citizen's basic rights and freedoms.
811:
561:
24:, which is understood to mean Spanish territory, Spanish waters, consulates and embassies, and ships flying the Spanish flag in democratically elected institutions.
778:
648:
783:
608:
788:
678:
638:
836:
768:
693:
806:
628:
506:
633:
262:
270:
216:. This is integrated by the laws that regulate the judicial relations between each state and the other members of the international community.
413:
considered in the application of laws, although the Courts' decisions can only exclusively rest on this when the law expressly permits this.
458:
192:. This regulates the organization and functioning of the powers and bodies of the state and its relations with individuals.
241:. This regulates the relationships between employees and employers. Complains about social security fall under public law.
426:
4.1. The analogous enforcement of laws will occur when the laws do not contemplate a specific supposition, but they
326:
586:
139:
64:
377:
332:
Laws stemming from the executive, with its own hierarchy based on the function of the body that made them (
143:
112:
451:
384:
235:. This is the collection of laws that regulate law relating to business, within the world of business.
852:
723:
536:
407:
The Spanish Civil Code regulates the interpretation of laws in Spain, and establishes the following:
247:. This regulates the relationships between physical and judicial persons of different nationalities.
322:
258:
733:
120:
826:
643:
444:
357:
Local authorities do not have legislative abilities even if they possess regulatory authority.
873:
396:
266:
46:
34:
8:
750:
376:
All laws stemming from EC institutions are directly applicable in Spain in virtue of the
350:
306:
708:
285:
100:
618:
598:
501:
341:
310:
108:
816:
613:
314:
104:
821:
738:
688:
663:
521:
124:
103:(men and woman older than 18), of representatives of the sovereign people in the
204:. This is integrated by the collection of laws that regulate judging procedures.
728:
718:
668:
581:
576:
566:
551:
546:
541:
526:
511:
496:
491:
486:
481:
116:
86:
867:
831:
773:
713:
703:
683:
673:
658:
653:
603:
571:
556:
531:
467:
171:
54:, enjoys a material supremacy that determines the rest of the laws in Spain.
743:
623:
593:
392:
333:
318:
74:
Following this doctrine, the constitutional court has two basic functions:
364:
388:
68:
51:
436:
81:
Declaring the nullity of laws which contravene the Constitution.
337:
198:. This regulates the so-called punitive (disciplinary) actions.
135:
131:
21:
365:
Relationship between European Community and Spanish law
395:
to apply them by passing laws whereas regulations are
220:
383:
Within EC law it is necessary to distinguish between
177:
78:
Ensuring all law is compatible with the Constitution.
402:
321:and regulatory laws (amongst which are found the
865:
130:The judicial powers fall into the hands of the
271:General Council of the Judicial Power of Spain
452:
40:
459:
445:
93:
251:
57:
37:legislation coexists with the national.
295:The hierarchy of Spanish laws is thus:
866:
440:
279:
221:Organization of Spanish private law
20:is the legislation in force in the
13:
178:Organization of Spanish public law
27:
14:
885:
466:
154:The sources of law in Spain are:
149:
107:. The Cortes Generales exercise
403:Interpretation of laws in Spain
123:and control the actions of the
45:The supreme Spanish law is the
1:
305:The law in its strict sense:
432:Article 4 Spanish Civil Code
419:Article 3 Spanish Civil Code
378:Treaty of the European Union
7:
127:, which must obey the law.
10:
890:
111:through two chambers, the
67:exists, which follows the
845:
797:
759:
474:
245:International private law
164:General principles of law
327:Royal Legislative Decree
214:International public law
41:Constitutional supremacy
302:International treaties.
174:is a secondary source.
94:Separation of functions
517:Bosnia and Herzegovina
435:
422:
391:. Directives need the
252:Public and private law
58:Constitutional control
423:
409:
208:Financial and tax law
140:public administration
71:(or Austrian) model.
267:Constitutional Court
239:Labour or social law
113:Congress of Deputies
65:Constitutional Court
47:Spanish Constitution
35:autonomous community
760:States with limited
397:directly applicable
351:Statute of Autonomy
309:(which requires an
284:Article 1.2 of the
85:In a case where an
286:Spanish Civil Code
190:Administrative law
184:Constitutional law
142:must fit into the
101:universal suffrage
861:
860:
342:Ministerial Order
311:absolute majority
299:The Constitution.
280:Hierarchy of laws
109:legislative power
881:
798:Dependencies and
734:Northern Ireland
475:Sovereign states
461:
454:
447:
438:
437:
433:
420:
323:Royal Decree-Law
315:Cortes Generales
105:Cortes Generales
22:Kingdom of Spain
889:
888:
884:
883:
882:
880:
879:
878:
864:
863:
862:
857:
841:
799:
793:
779:Northern Cyprus
761:
755:
649:North Macedonia
470:
465:
434:
431:
421:
418:
405:
367:
282:
254:
223:
180:
152:
125:executive power
96:
60:
43:
30:
28:Characteristics
12:
11:
5:
887:
877:
876:
859:
858:
856:
855:
853:European Union
849:
847:
846:Other entities
843:
842:
840:
839:
834:
829:
824:
819:
814:
809:
803:
801:
800:other entities
795:
794:
792:
791:
786:
781:
776:
771:
765:
763:
757:
756:
754:
753:
748:
747:
746:
741:
736:
731:
724:United Kingdom
721:
716:
711:
706:
701:
696:
691:
686:
681:
676:
671:
666:
661:
656:
651:
646:
641:
636:
631:
626:
621:
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611:
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601:
596:
591:
589:
584:
579:
574:
569:
564:
559:
554:
549:
544:
539:
537:Czech Republic
534:
529:
524:
519:
514:
509:
504:
499:
494:
489:
484:
478:
476:
472:
471:
464:
463:
456:
449:
441:
429:
416:
404:
401:
366:
363:
346:
345:
330:
303:
300:
281:
278:
253:
250:
249:
248:
242:
236:
233:Commercial law
230:
222:
219:
218:
217:
211:
205:
199:
193:
187:
179:
176:
169:
168:
165:
162:
159:
151:
150:Sources of law
148:
121:Prime Minister
95:
92:
87:ordinary court
83:
82:
79:
59:
56:
42:
39:
29:
26:
9:
6:
4:
3:
2:
886:
875:
872:
871:
869:
854:
851:
850:
848:
844:
838:
835:
833:
830:
828:
825:
823:
820:
818:
815:
813:
812:Faroe Islands
810:
808:
805:
804:
802:
796:
790:
787:
785:
784:South Ossetia
782:
780:
777:
775:
772:
770:
767:
766:
764:
758:
752:
749:
745:
742:
740:
737:
735:
732:
730:
727:
726:
725:
722:
720:
717:
715:
712:
710:
707:
705:
702:
700:
697:
695:
692:
690:
687:
685:
682:
680:
677:
675:
672:
670:
667:
665:
662:
660:
657:
655:
652:
650:
647:
645:
642:
640:
637:
635:
632:
630:
627:
625:
622:
620:
617:
615:
612:
610:
609:Liechtenstein
607:
605:
602:
600:
597:
595:
592:
590:
588:
585:
583:
580:
578:
575:
573:
570:
568:
565:
563:
560:
558:
555:
553:
550:
548:
545:
543:
540:
538:
535:
533:
530:
528:
525:
523:
520:
518:
515:
513:
510:
508:
505:
503:
500:
498:
495:
493:
490:
488:
485:
483:
480:
479:
477:
473:
469:
468:Law in Europe
462:
457:
455:
450:
448:
443:
442:
439:
428:
427:
415:
414:
408:
400:
398:
394:
390:
386:
381:
379:
374:
371:
362:
358:
355:
352:
343:
339:
335:
331:
328:
324:
320:
316:
312:
308:
304:
301:
298:
297:
296:
293:
290:
287:
277:
274:
272:
268:
264:
263:Account Court
260:
259:State Council
246:
243:
240:
237:
234:
231:
228:
225:
224:
215:
212:
209:
206:
203:
200:
197:
194:
191:
188:
185:
182:
181:
175:
173:
172:Jurisprudence
167:Jurisprudence
166:
163:
160:
157:
156:
155:
147:
145:
141:
137:
133:
128:
126:
122:
119:, choose the
118:
114:
110:
106:
102:
91:
88:
80:
77:
76:
75:
72:
70:
66:
55:
53:
48:
38:
36:
25:
23:
19:
874:Law of Spain
789:Transnistria
751:Vatican City
698:
425:
424:
411:
410:
406:
393:Member State
382:
375:
372:
368:
359:
356:
347:
334:Royal Decree
319:ordinary law
294:
291:
283:
275:
255:
244:
238:
232:
226:
213:
207:
201:
196:Criminal law
195:
189:
183:
170:
153:
129:
97:
84:
73:
61:
44:
31:
18:Law of Spain
17:
15:
827:Isle of Man
762:recognition
709:Switzerland
644:Netherlands
389:regulations
307:Organic Law
202:Process law
144:Magna Carta
679:San Marino
639:Montenegro
619:Luxembourg
599:Kazakhstan
502:Azerbaijan
385:directives
817:Gibraltar
614:Lithuania
313:from the
227:Civil law
69:Kelsenian
52:judiciary
868:Category
837:Svalbard
822:Guernsey
769:Abkhazia
739:Scotland
694:Slovenia
689:Slovakia
664:Portugal
522:Bulgaria
430:—
417:—
344:, etc.).
325:and the
115:and the
729:England
719:Ukraine
669:Romania
629:Moldova
587:Ireland
582:Iceland
577:Hungary
567:Germany
562:Georgia
552:Finland
547:Estonia
542:Denmark
527:Croatia
512:Belgium
507:Belarus
497:Austria
492:Armenia
487:Andorra
482:Albania
832:Jersey
774:Kosovo
714:Turkey
704:Sweden
684:Serbia
674:Russia
659:Poland
654:Norway
634:Monaco
604:Latvia
572:Greece
557:France
532:Cyprus
338:Decree
269:, the
265:, the
261:, the
136:courts
132:judges
117:Senate
807:Åland
744:Wales
699:Spain
624:Malta
594:Italy
161:Usage
387:and
134:and
16:The
317:),
158:Law
870::
399:.
340:,
336:,
329:).
146:.
460:e
453:t
446:v
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