Legal Practices and Regulations: Hierarchy, Definitions, and Delegation

Legal Practices: Sources of Law

Sources of Law: Law, regulation, decree-law, local ordinance, legislative decree, directive, community regulation, custom, general principles of law, international treaty, Constitution.

Principle of Competence and Notification of Organic and Ordinary Laws

Principle of Competence: Each law has its competence and cannot invade the other's.

Hierarchy of Legal Sources

Hierarchy of Legal Sources:

1. Constitution
2. Law, regulation, custom, and general principles of law

Definitions

a) Formal Laws: All legislative provisions emanating from the legislative body.

b) Regulatory Provisions: Rules that are dictated by the government and have the force and value of law.

c) Executive Regulations: Those that develop and complement a law.

Hierarchy in Practice

Hierarchy in Practice (Case Examples):

1. (7/85): Constitutional Court, formal law
2. (1624/92): Contentious-administrative, executive regulation, requires State Council's report
3. (VAT): Nothing
4. (1/1996): Constitutional Court, State Council's report, legislative provision with the force of law, ordinary law, delegated legislation
5. (Trade): Nothing
6. (Municipalities and Villages): Local administration
7. (1985): Administrative act
8. (931/1986): Constitutional Court, normative provision, delegated legislation, basic law, State Council's report
9. (28/1986): Contentious-administrative, regulation
10. (10/1995): Formal law, requires an absolute majority for approval, Constitutional Court
11. (11): Nothing
12. (12/1996): Constitutional Court, normative provision
13. (13/Figueras): Administrative act, administrative justice
14. (2024/1995): Contentious-administrative, executive regulation, requires State Council's report
15. (22/1988): Formal law, Constitutional Court
16. (16): Nothing
17. (17): Nothing
18. (781/1986): Normative provision, delegated legislation, State Council's report, Constitutional Court
19. (19): Nothing
20. (20/Resource Contentious-Administrative): Administrative justice
21. (22/47/1985): Formal law, Constitutional Court
22. (23/Statute of Autonomy): Formal law, requires an absolute majority

Collegiate Bodies

1. For a meeting to be validly constituted, the call must be received by all members at least 24 hours in advance. In the absence of the president, the meeting must be presided over by the vice president or the member with the highest rank.
2. Professor Lopez's application cannot be considered because it was not included in the agenda, unless all members present agree and declare it urgent.
3. Members who disagree with the majority agreement may issue a particular written vote within 48 hours, which will be incorporated into the approved text.
4. Personal matters require abstention or recusal.

Delegation of Responsibilities

1. Delegation is a process of transferring the exercise of power, but without losing the hierarchical relationship.
2. Autonomous Communities may delegate powers to local entities. However, the following cannot be delegated: adoption of general provisions, resolution of appeals in administrative bodies that have issued the acts being appealed, matters determined by regulations having the force of law, and publication in the Official State Gazette (BOE).
3. Certiorari.
4. Signature delegation: It does not alter the responsibility of the delegating body, and its publication is not necessary. For the delegation of powers, if the signature is between hierarchically independent bodies, it is not possible. Signature delegation is not allowed for resolutions of a sanctioning nature.
5. The authority to issue regulations cannot be delegated.