Understanding Spanish Legal Framework: CCAA, Local, and EU Laws

The Standard of the CCAA

The rules of the Autonomous Communities (CCAA) are of equal rank to those of the state but do not interfere with each other. This is because the CCAA can only make rules on issues included in those powers which have been transferred or included in their statutes of autonomy. In case of conflict, state rules prevail over those of the CCAA. There are certain issues that CCAA cannot regulate, such as the army or ports.

Standards of Local Authorities

The provisions of local authorities (municipalities) are called ordinances, regulations, and sides. They are bound by the principle of hierarchy.

The Publicity of the Rules

For a law to be valid, the Constitution provides that the King must sign (sanction) and proclaim it as such (introduce it). He must then order its publication in the Official State Gazette (BOE). Laws come into force 20 days after publication in the BOE, unless the text of the law specifies other terms. The time limit can be shortened (effective immediately) or lengthened (delayed effect). Each Autonomous Community also has its own official gazette.

Organic Laws

These are the rules governing the following matters:

• a) Those relating to the development of fundamental rights and public liberties, such as the right to life, safety, justice, and religion.
• b) Those that adopt the rules of the economy, since they develop the laws of the CCAA.
• c) Those that adopt the general electoral system.
• d) Any other actions provided for in the Constitution. For example, the succession of the Crown.

Approval of Organic Laws requires an absolute majority of Congress (51%).

Ordinary Laws

All other laws passed by the General Courts that do not have the character of orgánicas are considered Ordinary Laws. For their approval, amendment, or repeal, a simple majority of the deputies present is required.

Regulations

These are legal rules with the force of law, but inferior to laws:

• a) Royal Decrees of the Council of Ministers.
• b) Royal Decrees of the Prime Minister.
• c) Orders of the Government Commission.
• d) Ministerial Orders.
• e) Circulars, resolutions, instructions, and orders of service.

Royal Legislative Decree

Sometimes, the Courts ask the Government for legislative collaboration on complex matters in which the Government has more expertise. For example, administrative issues.

Other Sources of Law

• Jurisprudence: Decisions of the Supreme Court, when issued twice on the same matter.
• Customs: Born of repeated and constant social practices considered binding by the community.
• International Treaties: Written agreements between two or more states and/or international organizations.