Spanish Legal Framework: Government Authority and International Treaties
The executive organization, i.e., the Government, also has statutory authority:
Article 153: Control of Autonomous Communities
The control of the activity of the organs of the Autonomous Communities shall be exercised by:
- The Constitutional Court: concerning the constitutionality of its laws and regulations having the force of law.
- The Government: after consulting the State Council, the exercise of delegated functions referred to in paragraph 2 of Article 150.
- The administrative court: the autonomous administration and its regulations.
- The Court of Auditors: financial and budgetary matters.
State law declares a substitute for domestic communities.
Article 149.3: Matters Not Expressly Assigned to the State
Matters not expressly assigned to the State by this Constitution may fall under the regional governments, under their respective statutes. Jurisdiction on matters that are not claimed by Statutes of Autonomy for the State, whose laws shall prevail in case of conflict, the Autonomous Communities in everything that is not attributed to the exclusive jurisdiction thereof. State law shall, in any case, extend the right of the Autonomous Communities.
5. International and Community Law
The legal rules in international treaties are not directly applicable in Spain until they have become part of domestic law by publication in full in the Official Gazette. All this matter is set out in Article 93 EC et seq.
Article 93: Authorization for Treaty Signing
By organic law, the signing of treaties may be authorized, which attributes to an international organization or institution the exercise of powers under the Constitution. It corresponds to Parliament or the Government, as appropriate, to ensure compliance with these treaties and resolutions issued by international agencies or supranational holders of the assignment.
Article 94: State Consent to Treaties
1. The provision of State consent to be bound by treaties or agreements shall require the prior authorization of the Cortes Generales in the following cases:
- Treaties of a political nature.
- Treaties or agreements of a military nature.
- Treaties or agreements affecting the territorial integrity of the State or the fundamental rights and duties established in Title I.
- Treaties or agreements which imply financial liabilities for the Treasury.
- Treaties or agreements which involve amendment or repeal of any law or require legislative measures for their implementation.
2. The House and Senate will be immediately informed of the conclusion of other treaties or agreements.
General Courts on international treaties are involved in two ways: in advance and the alternative is often the most common first sign the treaty and then reported to Parliament.