Spanish Legal System: Courts, Government, and Autonomous Communities

Posted on Dec 10, 2024 in Law & Jurisprudence

1st Evaluation

1. Functions of the Courts

Legislative power, the President, and controlling the government.

2. The Court Characteristics

  • Elected by the people from the lists presented by political parties.
  • Once elected, they are independent, even of their party.
  • They cannot be tried for the opinions they express in the exercise of their functions.
  • Can only be arrested in flagrante delicto.
  • To judge, authorization must be requested from the Parliament or the Senate.

3. Judiciary

The judges are law graduates who have passed a career-based judicial examination. They are independent and cannot receive orders from anyone in the exercise of their functions. They are only subject to the rule of law. Their function is to adjudicate and to enforce judgments. They are irremovable and responsible for their actions.

4. Functions of the King

  • Sanction and promulgate the laws.
  • Convene and dissolve Cortes (Parliament).
  • Propose a candidate for President of the Government and appoint them.
  • Convene a referendum if provided for in the Constitution.

5. The Government

The executive power. Its function is to govern and implement laws. Composed of the Prime Minister, Vice Presidents, and Ministers. The President is elected by the Parliament. Ministers are elected by the President.

Duties:

  • Conduct foreign policy and civil and interior administration.
  • Direct military executive function.
  • Exercise regulatory power.
  • Exercise legislative power.

ITEM 2

1. Law

System of rules governing legal relations in a community.

Functions:

  • Legitimize power.
  • Regulate coexistence, resolving conflicts by peaceful means, and create legal security.
  • Control, repression, or punishment of dissent.

2. Areas of Law

Civil Law: Regulates relations between individuals.

Criminal Law: Regulates crimes and punishments.

Other areas: Commercial Law, Administrative Law, Political Law, Labor Law, Public Law.

3. The Law

Organic Law: Approved by an absolute majority. The subjects to be regulated by this law are those governing fundamental rights and freedoms, those approving the statutes of autonomy, and those who pass the general electoral system.

Ordinary Laws: Approved by a simple majority. The matters regulated are all others.

4. Sources in a Material Sense

In modern democratic states, power is divided into three branches. The branch with preeminence when legislating is the legislature. The executive branch is composed of the government, which has the task of governing and, at times, the regulatory authority, that is, the ability to issue a set of standards called regulations. The government is a source of law to the extent that it issues such rules, but it is a source subordinate to Parliament since the regulatory power of the government cannot violate or contradict the laws passed by the legislature. The judiciary consists of judges who have the functions of judging and executing judgments.

5. The Regulations

Inferior rule to a law enacted by the Government or other public authorities who lack the possibility of legislating.

Features:

  • Cannot repeal, alter, or contradict the provisions of a law, only develop it.
  • The courts can declare a regulation invalid if they believe it violates the provisions of a law or the Constitution.
  • Hierarchies exist between regulations.

Types of Regulations:

  • Royal Decrees of the Prime Minister and Council of Ministers.
  • Ministerial Orders.
  • Resolutions and other provisions.

ITEM 3

1. Content of the Statutes of Autonomy

Basic rules of the autonomous communities. They have a dual nature: they are part of the law of the State, as they are approved by organic law. They occupy the apex of the hierarchy of norms in the autonomous region where they are applied.

2. Public Powers

In the autonomous communities, there are only the legislative and executive branches, as the judiciary is unique for the whole country.

In every community there is:

Parliament or Assembly: Legislative power of the autonomous communities is unicameral. Its members, also called deputies, are elected every 4 years through an election system much like that in the State Parliament.

The Government: Formed by the President and councilors. The Parliament elects the President, and the President appoints the councilors. This varies in each community.

Exclusive Competencies of the Autonomous Communities:

  • Organization of its institutions of self-government.
  • Organization of the territory, urban planning, and housing.
  • Public works of interest in their own community territory.
  • Railways and roads whose itinerary is developed entirely in the autonomous community.
  • Health and welfare.

3. Municipalities and Organs of Government

Basic territorial entity, consisting of territories and populations. It has full legal capacity for the fulfillment of its purposes.

Organs of Government: Plenary, Mayor, Deputy Mayor, Local Government Board.

4. EU Institutions

European Council: Made up of the Heads of State or Prime Ministers of the EU countries. They meet twice a year. These meetings settle disputes and negotiate the most important aspects in the development of the Union.

European Parliament.

Commission: Organ of great importance in the EU. Formed by commissioners, who act independently of the countries to which they belong. Its main functions are to propose rules to the Council and Parliament.

Court of Justice.

ITEM 4

1. Administrative Procedure

The administrative procedure is the way in which the administration reaches a decision. It follows a series of steps that lead, one after another, to the evidence needed for a resolution. In democratic states, the administration works on the principles of objectivity and legality.

2. Principle of Action

An administrative procedure is the path that follows the administration to take a decision. It is structured in a series of steps, each with its peculiarities and rules, which allow reaching a final resolution.

Principles:

  • To serve interests objectively speaking.
  • Efficiency.
  • Hierarchy.
  • Decentralization.
  • Coordination.
  • Compliance with the law.
  • Principle of speed and anti-formalism.

3. Administrative Silence

Procedures for exercising the right of petition. Those that have the effect of transferring to the applicant or third parties powers relating to public domain or public service. In challenge procedures and instruments and provisions, silence takes effect against the applicant.