Legal Frameworks in Spain, Catalonia, and the European Union

Legal Regulations and Official Publications

Laws in Catalonia are published in the DOGC, while Spanish laws are published in the BOE.

1. Legal Regulation Definition

Legal regulation is a source of law promulgated by a governmental body in a specific manner, consisting of a combination of written and officially published rules. These rules follow a strict hierarchy.

2. European Union Law

As a member of the EU, Spain must follow EU regulations and adapt its national law accordingly. The European Commission makes proposals, which the Council and Parliament approve. These are published in the Official Journal of the European Union.

• Primary Regulation: Treaties.
• Secondary Regulation:
  • Directives: Member states must adapt their national legislation to these.
  • Regulations: Applied directly into national law.
  • Decisions: Specific rulings issued by the Commission for particular cases.

3. Spanish National Regulation

Spanish national regulations apply throughout the territory. The executive power, consisting of the President of the Government, the Council of Ministers, and individual ministers, is responsible for their implementation. The hierarchy includes:

• Constitution
• Law-range rules (Organic laws, ordinary laws, Royal Decrees)
• Regulations

4. Catalonian Regulation

Catalonian laws are approved by the Catalonian Parliament. The executive power is held by the President of the Generalitat and the Executive Council. The hierarchy includes:

• Estatut de Catalunya
• Laws
• Regulations

Catalonian laws must be applied within Catalonia and must comply with national and EU regulations.

5. The Judicial Power

The judiciary ensures laws are followed across EU member states, covering administrative, criminal, and civil matters by interpreting the law and issuing resolutions.

National and Catalonian Judicial Levels

1. First Instance: First instance courts provide the initial resolution for disputes.
2. Second Instance: The Audiencia Provincial reviews cases if a party disagrees with the first resolution.
3. Third Instance: The Tribunal Supremo (Spain) or Tribunal Superior de Justicia (Catalonia) provides the final resolution.

EU Judicial Level

• First Instance: European Commission.
• Second Instance: European Court of Justice.