Understanding the Spanish Legal System: Constitution & Laws

The Spanish Constitution

The Spanish Constitution represents the highest law in Spain, situated at the top of the legal system pyramid. It comprises the rules governing the basic institutions of the country, the territorial division (Autonomous Communities, State, and Local entities), and the rights and liberties of the people.

To create a new law or approve international treaties, changes to the Constitution are necessary.

Hierarchy of Spanish Law

Constitution - International Treaties - Organic Acts - General Acts - Decrees issued by the Government.

The two main types of law are Organic Acts and General Acts.

The Three Branches of Power

There are three branches of power: Legislative, Judicial, and Executive.

Organic Law

Organic Laws relate to the development of fundamental rights and public liberties.

Ordinary Law

Ordinary Law is any law approved by the Parliament other than an Organic Law.

Decrees in Spanish Regulation

Legislative Decrees

Legislative Decrees are established by express delegation of the legislative branch.

Decree-Laws

Decree-Laws are subject to subsequent ratification by the legislative branch and can be approved in cases of extraordinary and urgent need.

Regulations

Regulations come after decrees. They can be defined as a set of rules established by the government, subject to the law they develop. They always have full direct effect.

Central Government and Autonomous Government

The Spanish Constitution created a new territorial division: State, Autonomous Communities, and Local entities. In this respect, Spain is a decentralized State.

Each of these entities received certain competences to achieve their goals. Competences refer to:

1. Power to legislate.
2. Power to pass regulations (reglamentos).
3. Power to execute legal rules.

Both the State and Autonomous Communities have different allocated competences.

Statutes of Autonomy are legal instruments approved by the Spanish Parliament through an Organic Law. In these statutes, each Autonomous Community assumes different competences according to the Spanish Constitution. The Constitution regulates which topics must be regulated by the government and which topics are shared between both governments.

Both State and Autonomous legislations have the same legal standing, and their relationships are related to the principle of competence.