Law of Spain

The Law of Spain is the entire system of legislation used within the Kingdom of Spain. This legal framework covers Spanish territory and its territorial waters. It also extends to Spanish ships flying the national flag. Furthermore, it applies to Spanish consulates and embassies located in other countries. Spanish law follows the continental system of legal organization. This means the system relies primarily on written laws and regulations. It also includes judicial decisions and established customs to a lesser extent. Because Spain has many different regions, the law is quite complex. National laws must coexist with the specific legislation created by various autonomous communities.

At the very top of the legal system sits the Spanish Constitution of 1978. This document is known as the supreme law of the land. It regulates how all public bodies function within the country. It also defines the fundamental rights of the Spanish people. The Constitution also organizes the competencies, or specific powers, of the autonomous communities. This document has material supremacy, which means it determines the validity of all other laws. Every law in Spain must be compatible with this Constitution. If a law goes against the Constitution, it is considered invalid.

To ensure the Constitution is respected, Spain uses a Constitutional Court. This body follows the Kelsenian or Austrian model of constitutional control. The court has two very important basic functions. First, it ensures that all laws remain compatible with the Constitution. Second, it has the power to declare laws null and void if they contravene the Constitution. While ordinary courts can question whether a law is constitutional, they cannot reject it themselves. They must send the question to the Constitutional Court for a final decision. This makes the Constitutional Court the only body with the power to officially reject a law.

The Spanish political system is built on the separation of functions. This idea is a core part of liberal political thinking. National sovereignty belongs to the people, who exercise their power through universal suffrage. Any man or woman older than 18 can vote for representatives. These representatives are elected to the Cortes Generales. The Cortes Generales is the legislative body and consists of two chambers. These chambers are the Congress of Deputies and the Senate. They exercise legislative power, choose the Prime Minister, and control the executive power. The executive power is required by law to obey these legislative decisions.

Spanish law is divided into two main categories: public law and private law. Public law regulates the highest state institutions and the relationship between the state and individuals. It includes constitutional law, which manages the organization of bodies like the State Council and the Account Court. It also includes criminal law, which regulates punitive or disciplinary actions. Other parts of public law include administrative law, process law, and financial and tax law. Financial law specifically organizes the resources and finances of the state. In contrast, private law regulates relationships between individuals. This includes civil law, which covers families, personal assets, and contracts. Commercial law manages business relations, while labour law regulates employees and employers.

There is a strict hierarchy, or order of importance, among these different laws. According to Article 1.2 of the Spanish Civil Code, laws must be distinguished by their rank. The Constitution is the highest authority. Below the Constitution are international treaties. Next are laws in the strict sense, such as Organic Laws and ordinary laws. Organic Laws are special because they require an absolute majority from the Cortes Generales to pass. Below these are laws stemming from the executive, such as Royal Decrees and Ministerial Orders. The autonomous communities also have the power to create laws through their own Parliaments. These regional laws are guided by a fundamental document called a Statute of Autonomy.

Spain also operates within the legal framework of the European Community (EC). EC law is an autonomous legal system that applies directly in Spain. Because international treaties hold a higher hierarchical position than national laws, EC laws often take priority. There is a long-standing debate between Constitutionalists and Communitarians regarding supremacy. Constitutionalists believe the Spanish Constitution is supreme. Communitarians believe the international Treaties are supreme. In practice, when the Constitution and Treaties have conflicted, the Constitution was modified to align with the Treaties. EC law is divided into original law from treaties and derived law from EC institutions. Within this system, regulations are directly applicable, while directives require the state to pass its own laws to implement them.