Spanish Law and Government: A Comprehensive Overview
ITEM 1: Understanding Spanish Law
1) Definition of Law
Law, as understood through legal provisions, aims to regulate the lives of people in all their manifestations.
2) Fundamental Principles of the Rule of Law
- Law as a core mandate
- Guaranteed rights and freedoms
- Administration limited by law
- Separation of state powers
3) Sources of Law
The three primary sources of law are: Legislation, Custom, and General Principles of Law.
4) Public Law and its Divisions
Public law governs the relationships between the state and its administrations, or between these entities and individuals.
- Administrative Law: Focuses on the role of administration, fiscal management, state prosecution, public international relations, and state conflicts.
- Criminal Law: Deals with crimes and misdemeanors.
- Political Law: Concerns state activity.
- Procedural Law: Defines the procedural aspects of trials.
5) Private Law and its Divisions
Private law regulates relationships between individuals, who can be natural or legal persons.
- Civil Law: Relates to individuals, families, and property.
- Employment Law: Governs the relationship between employers and workers.
- Commercial Law: Deals with business transactions.
6) Legal Hierarchy
- The Spanish Constitution of 1978
- Acts: Organic and Ordinary Legislative Decree Laws
- Regulations: State-level Royal Decrees and Ministerial, Regional, and Local levels
7) The Legislature
The legislature indirectly represents the majority through elected representatives in the Congress of Deputies (lower house) and the Senate (upper house). These chambers control the executive branch.
8) The Executive
The executive branch, led by the Government, manages domestic and foreign policy, as well as the social and economic aspects of the state. It operates in accordance with the Constitution and laws.
9) The Judiciary
Composed of judges and magistrates, the judiciary’s primary function is to judge and execute judgments.
ITEM 2: The Political Structure of Spain
1) Political System of Spain
Spain is a parliamentary constitutional monarchy. The Constitution establishes this system and dictates the composition of the parliament, which includes the Congress of Deputies and the Senate.
2) The Regency
The Regency is a period of governance when the monarch is a minor, absent, or incapacitated. The Regency is typically held by the nearest relative of the monarch.
3) Functions of the King
- Sanction and promulgate laws
- Convene and dissolve the General Courts
- Accredit ambassadors
- Call referendums
- Hold supreme command of the Armed Forces
- Propose candidates for the government
4) Formation of the Congress of Deputies
The Congress of Deputies consists of a minimum of 300 and a maximum of 400 deputies, elected for a 4-year term.
5) Duties of Members of Congress
- Legislative initiative
- Investiture of the government
- Control and questioning of the government
- Election of members of confidence
- Motion of censure
- Appointment of individuals to state bodies
6) The Ombudsman
The Ombudsman is a high commissioner appointed by the courts to protect the rights outlined in Title I of the Constitution. They monitor public administration, file complaints, and offer suggestions for improvement.
7) Formation of the Senate
The Senate is composed of 208 senators elected by universal suffrage. Each province elects 4 senators, and each autonomous region elects 1 senator, with an additional senator for every million inhabitants.
8) Functions of the Senate
- Legislative power and oversight
- Authorization of planning and budgetary matters
- Political control of the government
- International relations
- Oversight of other state organs
9) Composition of the Supreme Court
The Supreme Court, located in Madrid, has jurisdiction over all of Spain. It is divided into five chambers: Civil, Criminal, Administrative Litigation, Social, and Military.
10) The National Court
The National Court, also based in Madrid, exercises jurisdiction throughout Spain in matters of criminal, administrative, and social litigation.
11) Composition of the Constitutional Court
The Constitutional Court comprises 12 members appointed by the King for 9-year terms. Every 3 years, 3 members are replaced. Members are chosen from magistrates, prosecutors, academics, civil servants, and lawyers with recognized standing and over 15 years of professional experience.
ITEM 3: The State Administration
1) Mission of the State Administration
The state administration serves the general interests and operates under the principles of efficiency, hierarchy, decentralization, deconcentration, and coordination, while remaining fully subject to the law and individual rights.
2) Functions and Composition of the Government
The government directs domestic and foreign policy, civil and military administration, and the defense of the state. It holds executive and regulatory powers. The government is composed of the President, Vice President, and Ministers.
3) Function of a Government Delegate
A government delegate manages provincial affairs, often through sub-delegates. They protect the exercise of rights and freedoms, ensure public safety, report to the Ministry of Interior, and protect the execution of state powers. They also exercise expropriation and punitive powers.
4) Public Administration Institutions of the State
These institutions encompass the various organizations serving local and regional authorities to implement specific public services or administrative interventions.
5) Public Organizations
These are dependencies or entities created under the general administration of the state.
6) Autonomous Public Bodies
- INEM (National Employment Institute)
- INE (National Statistical Institute)
- BOE (Official State Gazette)
- INAP (National Institute of Public Administration)
7) Public Business Entities
These are public bodies responsible for providing services or producing goods considered to be in the public interest. Examples include RTVE (Spanish Radio and Television Corporation), RENFE (Spanish National Railway Network), FEVE (Spanish Narrow Gauge Railways), and Correos (Spanish Postal Service).