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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
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.
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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.
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
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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.
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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:
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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
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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.
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: 803: 802: 797: 792: 787: 782: 776: 774: 768: 767: 765: 764: 759: 758: 757: 752: 747: 742: 735:United Kingdom 732: 727: 722: 717: 712: 707: 702: 697: 692: 687: 682: 677: 672: 667: 662: 657: 652: 647: 642: 637: 632: 627: 622: 617: 612: 607: 602: 600: 595: 590: 585: 580: 575: 570: 565: 560: 555: 550: 548:Czech Republic 545: 540: 535: 530: 525: 520: 515: 510: 505: 500: 495: 489: 487: 483: 482: 475: 474: 467: 460: 452: 440: 427: 415: 412: 377: 374: 357: 356: 341: 314: 311: 292: 289: 264: 261: 260: 259: 253: 247: 244:Commercial law 241: 233: 230: 229: 228: 222: 216: 210: 204: 198: 190: 187: 180: 179: 176: 173: 170: 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: 701: 698: 696: 693: 691: 688: 686: 683: 681: 678: 676: 673: 671: 668: 666: 663: 661: 658: 656: 653: 651: 648: 646: 643: 641: 638: 636: 633: 631: 628: 626: 623: 621: 620:Liechtenstein 618: 616: 613: 611: 608: 606: 603: 601: 599: 596: 594: 591: 589: 586: 584: 581: 579: 576: 574: 571: 569: 566: 564: 561: 559: 556: 554: 551: 549: 546: 544: 541: 539: 536: 534: 531: 529: 526: 524: 521: 519: 516: 514: 511: 509: 506: 504: 501: 499: 496: 494: 491: 490: 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: 392: 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: 248: 245: 242: 239: 236: 235: 226: 223: 220: 217: 214: 211: 208: 205: 202: 199: 196: 193: 192: 186: 184: 183:Jurisprudence 178:Jurisprudence 177: 174: 171: 168: 167: 166: 158: 156: 152: 148: 144: 139: 137: 133: 130:, choose the 129: 125: 121: 117: 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:. 471:e 464:t 457:v 20:)

Index

Spanish law
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

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