Legal System Foundations: Sources of Law in Spain

Labor Law and the Legal System

Law consists of a series of rules and principles that the State may impose coercively if not fulfilled voluntarily. These serve to regulate the interests that arise in any society, guaranteeing mutual coexistence.

Sources of Law

Sources of law refer to the origins or foundations from which legal norms derive.

Interpretations of Sources

• Material Source: Refers to the legislative body or social group (e.g., businesses, trade unions, parliament) from which a norm originates. For example, the material source of a law is the Parliament where it is created, or for a collective agreement, it's the parties who subscribe to it.
• Completeness of the Regulatory System: The legal system cannot exist without regulation. In cases where there is no directly applicable law, a judge or court cannot refuse to resolve a case due to the absence of applicable law.

Formal Sources in Spanish Law

The formal sources of the Spanish legal system are law, custom, and general principles of law.

Custom shall only apply in default of applicable law, provided it is not contrary to morality or public order, and that it is proven to exist. General principles of law shall apply in default of law or custom.

Law

Law is the primary source, and any applicable written legal norm always prevails over other non-written rules, such as custom.

Custom

Custom refers to non-written rules, defined as repeated social practice that becomes a norm. For a custom to be applied, there must be no precise law applicable to the case, it must not be contrary to public morals or order, and it must be proven, as the court is not obligated to know it, contrary to what happens with law.

General Principles of Law

General principles of law are those ideas that underpin any branch of the legal system and serve as a basis for rules. They apply directly if there is no law or custom for a given case.

Examples:

• Labor Law (in dubio pro operario): In case of doubt, the interpretation most favorable to the worker shall prevail.
• Criminal Law (in dubio pro reo): In case of doubt, the interpretation most favorable to the accused shall prevail.

Jurisprudence

Jurisprudence is the criterion repeatedly used by the Supreme Court in its rulings. This refers to two or more sentences on the same case, issued by the Supreme Court.