372:
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.
381:
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.
371:
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
423:
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
380:
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
359:
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
60:
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
43:
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
109:
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
100:
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.
364:
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.
73:
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
221:. 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.
299:
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.
240:. 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.
267:
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
391:, 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.
287:
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).
149:, 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
384:
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.
303:
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.
527:
284:, etc.), constitutionally recognised rights and the constitutional mechanisms to do with the interference by the public bodies with individual freedoms, rights and guarantees.
197:. 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.
822:
572:
35:, which is understood to mean Spanish territory, Spanish waters, consulates and embassies, and ships flying the Spanish flag in democratically elected institutions.
789:
659:
794:
619:
799:
689:
649:
847:
779:
704:
817:
639:
517:
644:
273:
281:
227:. This is integrated by the laws that regulate the judicial relations between each state and the other members of the international community.
424:
considered in the application of laws, although the Courts' decisions can only exclusively rest on this when the law expressly permits this.
469:
203:. This regulates the organization and functioning of the powers and bodies of the state and its relations with individuals.
252:. This regulates the relationships between employees and employers. Complains about social security fall under public law.
437:
4.1. The analogous enforcement of laws will occur when the laws do not contemplate a specific supposition, but they
337:
597:
150:
75:
388:
343:
Laws stemming from the executive, with its own hierarchy based on the function of the body that made them (
154:
123:
462:
17:
395:
246:. This is the collection of laws that regulate law relating to business, within the world of business.
863:
734:
547:
418:
The Spanish Civil Code regulates the interpretation of laws in Spain, and establishes the following:
258:. This regulates the relationships between physical and judicial persons of different nationalities.
333:
269:
744:
131:
837:
654:
455:
368:
Local authorities do not have legislative abilities even if they possess regulatory authority.
884:
407:
277:
57:
45:
8:
761:
387:
All laws stemming from EC institutions are directly applicable in Spain in virtue of the
361:
317:
719:
296:
111:
629:
609:
512:
352:
321:
119:
827:
624:
325:
115:
832:
749:
699:
674:
532:
135:
114:(men and woman older than 18), of representatives of the sovereign people in the
215:. This is integrated by the collection of laws that regulate judging procedures.
739:
729:
679:
592:
587:
577:
562:
557:
552:
537:
522:
507:
502:
497:
492:
127:
97:
878:
842:
784:
724:
714:
694:
684:
669:
664:
614:
582:
567:
542:
478:
182:
65:, enjoys a material supremacy that determines the rest of the laws in Spain.
754:
634:
604:
403:
344:
329:
85:
Following this doctrine, the constitutional court has two basic functions:
375:
399:
79:
62:
447:
92:
Declaring the nullity of laws which contravene the Constitution.
348:
209:. This regulates the so-called punitive (disciplinary) actions.
146:
142:
32:
376:
Relationship between European Community and Spanish law
406:
to apply them by passing laws whereas regulations are
231:
394:
Within EC law it is necessary to distinguish between
188:
89:
Ensuring all law is compatible with the Constitution.
413:
332:and regulatory laws (amongst which are found the
876:
141:The judicial powers fall into the hands of the
282:General Council of the Judicial Power of Spain
463:
51:
470:
456:
104:
262:
68:
48:legislation coexists with the national.
306:The hierarchy of Spanish laws is thus:
14:
877:
451:
290:
232:Organization of Spanish private law
31:is the legislation in force in the
24:
189:Organization of Spanish public law
38:
25:
896:
477:
165:The sources of law in Spain are:
160:
118:. The Cortes Generales exercise
414:Interpretation of laws in Spain
134:and control the actions of the
56:The supreme Spanish law is the
13:
1:
316:The law in its strict sense:
443:Article 4 Spanish Civil Code
430:Article 3 Spanish Civil Code
389:Treaty of the European Union
7:
138:, which must obey the law.
10:
901:
122:through two chambers, the
78:exists, which follows the
856:
808:
770:
485:
256:International private law
175:General principles of law
338:Royal Legislative Decree
225:International public law
52:Constitutional supremacy
313:International treaties.
185:is a secondary source.
105:Separation of functions
528:Bosnia and Herzegovina
446:
433:
402:. Directives need the
263:Public and private law
69:Constitutional control
434:
420:
219:Financial and tax law
151:public administration
82:(or Austrian) model.
278:Constitutional Court
250:Labour or social law
124:Congress of Deputies
76:Constitutional Court
58:Spanish Constitution
46:autonomous community
771:States with limited
408:directly applicable
362:Statute of Autonomy
320:(which requires an
295:Article 1.2 of the
96:In a case where an
297:Spanish Civil Code
201:Administrative law
195:Constitutional law
153:must fit into the
112:universal suffrage
872:
871:
353:Ministerial Order
322:absolute majority
310:The Constitution.
291:Hierarchy of laws
120:legislative power
16:(Redirected from
892:
809:Dependencies and
745:Northern Ireland
486:Sovereign states
472:
465:
458:
449:
448:
444:
431:
334:Royal Decree-Law
326:Cortes Generales
116:Cortes Generales
33:Kingdom of Spain
21:
900:
899:
895:
894:
893:
891:
890:
889:
875:
874:
873:
868:
852:
810:
804:
790:Northern Cyprus
772:
766:
660:North Macedonia
481:
476:
445:
442:
432:
429:
416:
378:
293:
265:
234:
191:
163:
136:executive power
107:
71:
54:
41:
39:Characteristics
23:
22:
15:
12:
11:
5:
898:
888:
887:
870:
869:
867:
866:
864:European Union
860:
858:
857:Other entities
854:
853:
851:
850:
845:
840:
835:
830:
825:
820:
814:
812:
811:other entities
806:
805:
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792:
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782:
776:
774:
768:
767:
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764:
759:
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747:
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735:United Kingdom
732:
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707:
702:
697:
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682:
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672:
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657:
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612:
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548:Czech Republic
545:
540:
535:
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341:
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264:
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244:Commercial law
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187:
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176:
173:
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162:
161:Sources of law
159:
132:Prime Minister
106:
103:
98:ordinary court
94:
93:
90:
70:
67:
53:
50:
40:
37:
9:
6:
4:
3:
2:
897:
886:
883:
882:
880:
865:
862:
861:
859:
855:
849:
846:
844:
841:
839:
836:
834:
831:
829:
826:
824:
823:Faroe Islands
821:
819:
816:
815:
813:
807:
801:
798:
796:
795:South Ossetia
793:
791:
788:
786:
783:
781:
778:
777:
775:
769:
763:
760:
756:
753:
751:
748:
746:
743:
741:
738:
737:
736:
733:
731:
728:
726:
723:
721:
718:
716:
713:
711:
708:
706:
703:
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698:
696:
693:
691:
688:
686:
683:
681:
678:
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653:
651:
648:
646:
643:
641:
638:
636:
633:
631:
628:
626:
623:
621:
620:Liechtenstein
618:
616:
613:
611:
608:
606:
603:
601:
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591:
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584:
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571:
569:
566:
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541:
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536:
534:
531:
529:
526:
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521:
519:
516:
514:
511:
509:
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488:
484:
480:
479:Law in Europe
473:
468:
466:
461:
459:
454:
453:
450:
439:
438:
426:
425:
419:
411:
409:
405:
401:
397:
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390:
385:
382:
373:
369:
366:
363:
354:
350:
346:
342:
339:
335:
331:
327:
323:
319:
315:
312:
309:
308:
307:
304:
301:
298:
288:
285:
283:
279:
275:
274:Account Court
271:
270:State Council
257:
254:
251:
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245:
242:
239:
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226:
223:
220:
217:
214:
211:
208:
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186:
184:
183:Jurisprudence
178:Jurisprudence
177:
174:
171:
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167:
166:
158:
156:
152:
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144:
139:
137:
133:
130:, choose the
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125:
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113:
102:
99:
91:
88:
87:
86:
83:
81:
77:
66:
64:
59:
49:
47:
36:
34:
30:
19:
885:Law of Spain
800:Transnistria
762:Vatican City
709:
436:
435:
422:
421:
417:
404:Member State
393:
386:
383:
379:
370:
367:
358:
345:Royal Decree
330:ordinary law
305:
302:
294:
286:
266:
255:
249:
243:
237:
224:
218:
212:
207:Criminal law
206:
200:
194:
181:
164:
140:
108:
95:
84:
72:
55:
42:
29:Law of Spain
28:
26:
838:Isle of Man
773:recognition
720:Switzerland
655:Netherlands
400:regulations
318:Organic Law
213:Process law
155:Magna Carta
18:Spanish law
690:San Marino
650:Montenegro
630:Luxembourg
610:Kazakhstan
513:Azerbaijan
396:directives
828:Gibraltar
625:Lithuania
324:from the
238:Civil law
80:Kelsenian
63:judiciary
879:Category
848:Svalbard
833:Guernsey
780:Abkhazia
750:Scotland
705:Slovenia
700:Slovakia
675:Portugal
533:Bulgaria
441:—
428:—
355:, etc.).
336:and the
126:and the
740:England
730:Ukraine
680:Romania
640:Moldova
598:Ireland
593:Iceland
588:Hungary
578:Germany
573:Georgia
563:Finland
558:Estonia
553:Denmark
538:Croatia
523:Belgium
518:Belarus
508:Austria
503:Armenia
498:Andorra
493:Albania
843:Jersey
785:Kosovo
725:Turkey
715:Sweden
695:Serbia
685:Russia
670:Poland
665:Norway
645:Monaco
615:Latvia
583:Greece
568:France
543:Cyprus
349:Decree
280:, the
276:, the
272:, the
147:courts
143:judges
128:Senate
818:Åland
755:Wales
710:Spain
635:Malta
605:Italy
172:Usage
398:and
145:and
27:The
328:),
169:Law
881::
410:.
351:,
347:,
340:).
157:.
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