Basic information on legislation

The Sources of Law

The sources of the Spanish legal system are: law, the habit and General principles of law (art. 1.1 of the Civil Code).

La jurisprudence It will complement the legal system with the doctrine that is repeatedly established by the Supreme Court when interpreting and applying the law, custom and general principles of law.

The legal rules contained in the international treaties they will not be directly applicable in Spain as long as they have not become part of the internal order through their full publication in the "Official State Gazette".

Entry into force, repeal and non-retroactivity of the laws

The laws shall enter into force upon the twenty days of its complete publication in the ‘Official State Gazette’, if nothing else is available (art. 2.1 Civil Code).

The laws are only derogate for others that follow. The derogation will have the scope expressly provided and will always extend to everything that in the new law, on the same matter is incompatible with the previous one. For the simple repeal of a law, those that have repealed it do not regain validity. (art. 2.2 Civil Code).

The laws will have no effect retroactive, if you do not agree otherwise (art. 2.3 Civil Code).

What kinds of rules are there?

The following classification of written standards can be established:

The 1978 Constitution
The Laws
- Laws and provisions of the Government with the rank of Law: Royal Decree-Law and Royal Decree-Laws.
- Laws of the Autonomous Communities.
The Regulations
- Regulations: Royal Decrees, Ministerial Orders, Resolutions, Instructions and Circulars.
- Regulations emanating from the Governing Councils of the Autonomous Communities.

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It is the highest rule of the Spanish legal system and the other rules are dictated in its development. The existing rules prior to their promulgation have had to be adapted to the principles that inspire it.

LaConstitutionIt has two parts:

The dogmatic, in which the fundamental principles that inspire it are reflected.
The organic one, which explains the organization and functioning of the Spanish democratic system.

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The following classifications can be made:

By source:

Laws. They can be emanated by:
- the Cortes Generales,
- the government of the nation
- the Legislative Assemblies of the Autonomous Communities. They are the rules that, having the rank of law, have emanated from the legislative power that the Autonomous Communities have given themselves. The limit is determined by their own competences, according to the Constitution and each Statute of Autonomy. They have the same normative rank as the ordinary laws issued by the Cortes Generales. There is no relationship of hierarchy between the two, but of competition.

By type:

Organic Laws: are those related to the development of fundamental rights and public freedoms, those that approve the Statutes of Autonomy and the general electoral regime and the others provided for in the Constitution.

The approval, modification or repeal of the organic laws will require an absolute majority of the Congress, in a final vote on the whole project.

One type of special organic law is the Statutes of Autonomy, since these have a certain procedure for their modification and derogation.
Ordinary laws: are those that are approved by the Plenary of the Parliament by a simple majority and do not affect the subjects of the organic laws.
Royal Decree-Laws. In case of extraordinary and urgent need, the Government may issue provisional legislative provisions, which will take the form of decree-laws, and which may not affect the order of the basic institutions of the State, the rights, duties and freedoms of citizens regulated in Title I of the Constitution, the regime of the Autonomous Communities or general electoral law.
Decree-laws. They shall be immediately debated and voted on in full by the Congress of Deputies, convened for that purpose if they are not present, within thirty days of their promulgation. The Congress will have to express its opinion within this period on its validation or repeal, for which the regulation will establish a special and summary procedure.

During the period established in the previous section, the Courts will be able to process them as draft laws through the urgent procedure.
Royal Decree-Laws. The General Courts may delegate to the Government the power to issue rules with the rank of law on specific matters not included in the previous article.

The legislative delegation must be granted by means of a law of bases, when its purpose is the formation of articulated texts or by an ordinary law when it comes to merging several legal texts into one.

The legislative delegation shall be granted to the Government expressly for specific matters and with a time limit for its exercise. The delegation is exhausted by the use made of it by the Government through the publication of the corresponding rule. It may not be understood to be granted implicitly or for an indeterminate time. Nor may it permit subdelegation to authorities other than the Government itself.

The basic laws shall precisely define the object and scope of the legislative delegation and the principles and criteria to be followed in its exercise. The articulated texts that are elaborated in no case will exceed the limits established by the law of bases. There are two specific limitations to the basic laws:

They will not be able to authorize the modification of the Basic Law itself.
They will not be able to issue rules retroactively.

The authorization to consolidate legal texts will determine the normative scope to which the content of the delegation refers, specifying whether it is limited to the mere formulation of a single text or whether it includes that of regularizing, clarifying and harmonizing the legal texts to be consolidated. These are the so-called merged texts.

Without prejudice to the specific competence of the Courts, the laws of delegation may establish in each case additional formulas of control.

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The exercise of statutory power is vested in the Government, in accordance with the Constitution and the laws.

The regulations may not regulate matters subject to the reservation of law or infringe rules with such rank. In addition, without prejudice to their function of development or collaboration with respect to the Law, they may not establish offences, misdemeanours or administrative infractions, establish penalties or sanctions, as well as taxes, royalties or other personal or patrimonial charges or benefits of a public nature.

The regulations shall conform to the following rules of competence and hierarchy:

Provisions approved by Royal Decree of the President of the Government or of the Council of Ministers.
Provisions approved by Ministerial Order.

No regulation may violate precepts of another of higher hierarchy.

Administrative decisions that violate the provisions of a regulation are null and void, even if they have been issued by bodies of the same or higher hierarchy than the one that has approved it.

What is a Consolidated Standard?

Consolidated norm is one that integrates in its original text all the modifications and corrections that it has had since its origin.

WARNING

The documents listed here are for informational purposes only; only those published in the «Official State Gazette» or contained in certifications issued in accordance with current regulations are authentic.