Understanding Legislative and Regulatory Authority in Spain
Legislative Authority in Spain
The regions have full legislative power over matters within their jurisdiction.
Peculiar Notes:
- The relationship between state and regional laws is not governed by hierarchy but by competencia.
- Regulation of the subject will not violate or infringe any established principles.
- The Government may appeal regional laws before the Constitutional Court (TC). This is handled as an appeal of unconstitutionality. A challenge by the Government automatically suspends the autonomous
Tax Appeal Grounds and Enforcement Procedures
Grounds of Appeal
What grounds of appeal could be argued?
Firstly, we must note that, in principle, the obligation to pay income tax for 2005 prescribes on June 30, 2010, i.e., four years after the conclusion of the initial voluntary period. However, the beginning of the inspection procedure, namely a verification procedure specified in Article 141 of the LGT (Ley General Tributaria – General Tax Law), interrupts this term, according to Article 68.1(a) LGT. This interruption occurred on June 7, 2009,
Read MoreUnderstanding Regulatory Powers: Origins, Foundations, and Classes
The Regulation: Origins and Foundation of Regulatory Powers
The regulation does not originate from popular will, as represented in legislative chambers, but from the administration or government.
All public administrations, as part of their autonomy, possess regulatory powers. The regulation follows a procedure for processing and approval. The regulation has a place in the legal system, subordinate to the EC and the law, especially when it originates from the State.
Within each administration, there
Read MoreMunicipal Regulations and Licensing for Construction Projects
Town Hall Regulations and Project Approvals
The Town Hall is empowered to draft two important regulations:
- PUC (Plan UrbanÃstico de la Ciudad): Sets the layout of streets and green areas.
- Municipal Ordinances (Ordenanzas Municipales): Determine building conditions and types of industries allowed.
Any project must meet both standards. Before implementing any project, it is necessary to apply for a license from the council.
Handling Process
The process differs for:
- Industries, facilities, or buildings in
EU Freedoms: Goods, Persons, and Services Movement
EU Freedoms: Goods, Persons, and Services
Of these four freedoms, the free movement of goods was the first to be tackled. It is a freedom that, it might be thought, would be fairly easy to realise: all barriers to trade must be dismantled according to the guiding principles of the TFUE (and its predecessors), which states customs duties, quantitative restrictions, and measures having equivalent effect are not permitted. Great steps were indeed quickly made in the 1960s with the first two of these,
Read MoreConsumer Rights: Understanding Consumer Classification
This document outlines the requirements for the proper classification of two men found in a consumer relationship.
Consumer or User:
- Word defined by the legislature.
- Legal and natural persons [1st requirement]. ? normal individual, however the trading company can act as such. To this must meet the requirements of the notion of consumers and the requirement to act as the final recipient. The final recipient logic points to an individual who purchases goods and services to satisfy private use, private