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Law of Spain

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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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:
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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
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to apply them by passing laws whereas regulations are
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Within EC law it is necessary to distinguish between
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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: 616: 611: 606: 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

Index

Kingdom of Spain
autonomous community
Spanish Constitution
judiciary
Constitutional Court
Kelsenian
ordinary court
universal suffrage
Cortes Generales
legislative power
Congress of Deputies
Senate
Prime Minister
executive power
judges
courts
public administration
Magna Carta
Jurisprudence
State Council
Account Court
Constitutional Court
General Council of the Judicial Power of Spain
Spanish Civil Code
Organic Law
absolute majority
Cortes Generales
ordinary law
Royal Decree-Law
Royal Legislative Decree

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