The Role and Hierarchy of Government Regulations

Matters Regulated by Statute

Statutory law can regulate and influence any matter, provided it adheres to the criteria of the Constitution and the will of the legislator. However, the power of regulations is more limited, as certain matters are exclusively reserved for statutory law. The scope of a regulation is therefore subordinate, covering what the law permits or has not already established.

Certain subjects are always excluded from regulations. For example, Law 50/1997 of November 27 states that regulations cannot govern matters reserved for statutory law, violate rules of that rank, or classify crimes, misdemeanors, and administrative violations. Furthermore, regulations cannot establish taxes. These areas cannot be defined by regulation as they fall within the exclusive domain of statutory law and depend entirely on the legislative will.

The Purpose of Regulations

The power to make regulations exists because the legislature cannot address every issue in exhaustive detail. Laws often have a general scope, with the legislature focusing on matters the Constitution deems essential. Anything else that requires detailed rules but does not necessitate a formal law can be handled by regulations.

Consequently, regulations serve a crucial supporting function. They complement and detail, in a rigorous manner, the principles outlined broadly in the law. This ensures that the administration can apply appropriate and specific legal standards in practice.

Holders of Regulatory Power

While laws are passed by the legislature, Article 97 of the Constitution states that it is the Government that exercises executive and regulatory power. The Government is a multi-member body, and this power is attributed to the Government as a whole, though the ability of its members to act independently is more debatable. Article 97 specifies that one manifestation of this regulatory power is exercised by the Council of Ministers.

There is an internal hierarchy among these regulations, meaning they are not all of equal value:

• Council of Ministers: The highest regulatory authority is attributed to the highest level of the executive, the Government acting jointly as the Council of Ministers. The regulations issued by this body are known as Royal Decrees.
• Prime Minister: The Government is not an entity where all members have equal standing. The Prime Minister holds a prevailing position, as they lead all other members, proposing their appointment and termination. Consequently, regulatory provisions issued by the Prime Minister, known as Royal Decrees of the President, have greater value than regulations issued by other individual members.