Executive Regulatory Power and Legal Hierarchy

The Holder of Regulatory Power

Regarding proposed appointments and proposed terminations, the regulatory provision states that the President holds greater value than existing regulations. The President may dictate the rest of the members; the President issues decrees to act as a real president.

Hierarchy of Ministerial Regulations

3) Regulations dictate the other members, ministers, and ministerial orders. The rule is: regulations can never violate the Royal Decrees of the Council or the Chairman.

Parliamentary and Internal Regulations

Parliamentary regulations are approved by Parliament. These internal operating regulations have regulatory powers but are not the same as the government; they simply share the same name.

Judicial and Constitutional Authority

Regulations of the General Council of the Judiciary (CGPJ) establish rights, duties, and performance standards for judges and magistrates. The General Judicial Council operates such that there is no separation of powers in this specific administrative sense.

Certain individuals and bodies possess their own regulatory power. The Constitutional Court (CT) has the constitutional authority to issue regulations. Local authorities and regional governments also hold politically different regulatory powers; regional governments create laws through their parliaments and develop those laws through regulations.

Local and Statutory Authority

Local authorities, including municipalities and provinces, also have statutory authority in compliance with the law.

Who Exercises Regulatory Power?

If laws are not dictated by the Courts, Article 97 of the Spanish Constitution (EC) states it is the Government that exercises executive and regulatory power. The Government is a multi-member organ. Power is not attributed to a single member; the power to regulate specifically belongs to the Government as a whole. However, whether members can act independently is more doubtful. Article 97 states the Government holds this power, but also notes that regulatory power is manifested through the Council of Ministers.

Internal Hierarchy of Regulations

1) The norm for the senior executive is attributed to the top level. Regulations are categorized internally through an internal hierarchy; they are not all alike and do not hold the same weight. The most significant regulations are those issued by the global body for the joint Government (Council of Ministers). The regulations dictated by the cabinet are known as Royal Decrees.

The Role of the Prime Minister

2) The Government is not an organ where all members exist in a state of parity. Not all members are equal; there is a position that prevails over others: the Prime Minister. He is the head of all others.