International Law Integration and Application in Spanish Legal System

International Standards in Domestic Law

This section examines the theoretical approaches to integrating international standards into a nation's legal system and details the specific framework within Spanish law.

Theoretical Approaches to Treaty Integration

• Dualistic Systems (e.g., Great Britain): Require internal approval. The treaty's scope is determined by the domestic law that incorporates it. In these systems, a later treaty can repeal a previous law, and a law enacted after an earlier treaty can also repeal it.
• Principle of Competition: Certain matters governed by international treaties would fall outside the scope of domestic rules. This acts as a reserve, preventing potential incompatibilities.
• Hierarchy of Norms: Establishes a clear hierarchy, giving priority to some norms over others. This is the system adopted by Spanish law.

Spanish Law on International Treaties

While no single explicit rule resolves the position of international standards, their status must be inferred from the Spanish Constitution (EC) and the Organic Law of the Constitutional Court. Similarly, the position of international customs is deduced from various provisions:

• EC vs. Treaty: The Spanish Constitution prevails over treaties.
• Previous Law vs. Later Treaty: According to Article 94.1(e) of the Constitution, a later treaty may repeal a previous law with congressional authorization.
• Earlier Treaty vs. Later Law: According to Article 96.1 of the Constitution, a later law may not modify an earlier treaty, except as provided within the treaty itself.

Regarding the status of institutional arrangements that form part of Spanish law, the primary concern lies with European Union (EU) standards. According to the Court of Justice of the European Communities (CJEC), EU norms prevail over the domestic rules of member states, including their constitutions.

Implementing International Norms Domestically

Internal organs, both judicial and administrative, are tasked with applying domestic law, which includes international sources. While most international standards exclusively address states as subjects and thus do not directly affect individuals, the Administration and Government are primarily responsible for their execution.

However, international standards can sometimes also apply to private parties. These standards can be either self-executing or non-self-executing.

Spanish Law on International Norm Implementation

• Article 97 of the Spanish Constitution: Grants the Government executive and regulatory authority, including the implementation of international standards. If a non-self-executing international standard requires regulatory development measures, the Government is responsible. If legal measures are needed, they should be adopted by the courts. Therefore, both the Government and the courts are constitutional bodies responsible for implementing international standards.
• Article 93 of the Spanish Constitution: Mandates the Government and courts to ensure compliance with treaties that transfer state powers to an international organization or institution.
• Organic Law of the State Council: Requires consultation with the State Council regarding laws and regulations to be approved for treaty implementation. Consultation is also necessary if a rule is not self-executing or if there are doubts about treaty compliance.