Spanish Law: Framework, Harmonization, and Organic Laws
**Acts Range with Law**
It is a law that gives the legislature, never by the legislature of the autonomous communities. It consists of a set of bases, principles, and guidelines, will be identical to those laws and authorization framework. In matters determined by the constitution, there are no basic laws outside the constitution. Affect or involve materials that are powers of the autonomous communities and are called to develop.
- Issued by the state legislature
- Bases, principles, and guidelines: are designed to make provisions which will then be subject to greater specificity and development by autonomous communities.
Basic Laws and the Constitution conceived, are regulated in Article 149 EC. Some of that material does not say that the subject block exclusive competence of the state, only the basis of this matter lies with the state, the rest of the art autonomous 149.9, 149.17, 149.18 8 bases the legal system.
The basic formal law synonym basic law is contained only in a regulation having the force of law, comes from the parliament.
Basic Law material: synonym basic law is contained in any written law, laws, regulations, not necessarily a rule that comes from the parliament, administration, or government.
Foreign laws and basic laws CCAA: the CCAA cannot be exceeded and should respect the minimum. It would be illegal for non-subordination, but as a principle of responsibility.
**Framework Law**
Framework laws are regulated in Article 150 paragraph 1 EC. They are characterized by:
- Laws issued by the central parliament of the state, not the content comprising CCAA.
- Principles, bases, and guidelines dictate state competition in favor of the CCAA in order to broaden their skills.
**Harmonization Laws**
They are regulated in Article 150.3 of the EC. The state may enact laws that establish the principles necessary to harmonize the regulatory provisions of the CCAA, even for materials attributed to competition from these when so required by the general interest. Applies to general courts, by an absolute majority in each chamber, the assessment of this need. They are laws enacted by the state legislator whose contents consist of the basic principles and guidelines. But to bring the regulatory provisions of the CCAA will impact on the competition of CCAA and the purpose will be to harmonize when the general interest so requires. It refers to an exceptional situation. The chance of which have been issued by the CCAA of rules, occurring gap between itself and endanger the state, then, an act to avert that danger harmonizing disparity. That requires the public interest is the interest of the nation. They are exceptional standards can only go to them when other means have failed.
Articulated Laws and Rules
The laws are intended to base the government to enact, an articled text was adopted by a legislative decree. The framework law to define exactly the object and scope of the delegation. And the criteria to be followed in its exercise.
**Organic and Common Law**
Article 81 EC. There’s an organic law in certain areas: the development of fundamental rights and public freedoms, those approving the Statutes of Autonomy, and the general electoral system.
**Ordinary Laws**
Through an ordinary law, courts generally delegated to the government to consolidate several texts in a single consolidated text. The result of the revised text was approved by legislative decree.
**Decree-Laws**
Article 86.1 EC. Provides that in case of extraordinary and urgent need could issue temporary legislative provisions which take the form of decree-laws. Upon approval must be ratified by Congress.
**Legislative Decree**
Range Act. Collected comes from Article 82 to 85 CE. Legislative decree has two parts:
- A delegation act corresponding to the courts dictated generales.
- The development of such delegation must be determined by the government and called Legislative Decree.
Article 82.1
General Courts may delegate to the government the authority to issue rules with the force of law on specific matters not included in Article anterior.
Article 82.2
Legislative delegation must be given by a basic law when its purpose is to draw up texts in sections, or by an ordinary law when dealing of consolidating several legal texts into one.
The law of delegation can take two forms:
- The basic law, to secure the formation of an ordinary law articulado.
- The text if it is to consolidate the formation of various texts into one.
Article 82.3
Legislative delegation will be granted to the government: for it explicitly, the particular subject, time for exercise, there is no delegation shall expire subdelegation the use: means that when issued by the Legislative Decree, the delegation act disappears, and will not be issuing new decrees that invoking ley. No granted implicitly or indefinitely, i.e. if you have time determinado.
Article 82.4
Framework laws demarcate the object and scope of legislative delegation and principles and criteria of exercise, it means to be expressed and concreta.
Article 82.5
Common law: regulatory domain: idea and expresses particular subject. Clarification of the texts by chaos normativo.
Article 83
Requirements of basic law: they can not under any circumstances: Authorize amending the basic law itself to empower enact rules retroactivo.
Article 82.6
Character: his control. Without prejudice to the inherent jurisdiction of the courts. They control mechanisms to ensure the government meets that sets the laws of delegation. Compete tacit TC and courts of the contentious-administrative jurisdiction, in particular Article 1 says the courts … shall have jurisdiction to monitor the decrees (full copy). TC is responsible for what is to know whether or not the decree violates the constitution.
The court the contentious-administrative jurisdiction: If the government through Decree exceeds or fails to regulate certain rules that the law of delegation then sends the contentious-administrative law may intervene because then maybe Legislative Decree not achieved the rank of law. the doctrine that will be a 1.1
Important Article 29/1998: The courts of the administrative court will be able to prosecute the legislative decrees. The TC is responsible for checking to see whether or not the decree violates the constitution.