Understanding Legislative and Regulatory Authority in Spain

Posted on Feb 16, 2025 in Law

Legislative Authority in Spain

The regions have full legislative power over matters within their jurisdiction.

Peculiar Notes:

  1. The relationship between state and regional laws is not governed by hierarchy but by competencia.
  2. Regulation of the subject will not violate or infringe any established principles.
  3. 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 law, although the TC must ratify or lift the suspension within 5 months.
  • Decree-Law: Recent Statutes of Autonomy allow regional governments to issue Decree-Laws.
  • Legislative Decree: There are several reasons to support its use in the area of autonomy.

Regulations in the Spanish Legal System

Regulations are general provisions adopted by the executive branch, becoming part of the legal system and a source of law. Unlike laws, which are only subject to the Constitution (EC), regulations are subject to both law and the EC. The exercise of regulatory power cannot regulate matters reserved by the EC Act. Regulations may not directly or indirectly contradict the provisions of the law. When a regulation is issued pursuant to a law, it must faithfully adhere to its dictates.

While a regulation is a source of law, an administrative act is a mandated act that does not integrate into the system.

The Exercise of Regulatory Power

  1. Competition is attributed only to the government. The boundaries of regulation are the EC and the law. Control of regulatory power is contributed to by the ordinary courts and the Constitutional Court.

Authority of the Fiscal State in the Field

Reality demonstrates that different government bodies may dictate regulations, provided they are specifically authorized to do so by law. There are three types of regulatory powers:

  1. Original Power: Given to the government; its key feature is that it needs to be revalidated.
  2. Derived Power: Various government bodies exercising regulatory powers, particularly the Ministry of Finance. Requires a law that is attributable to an individual and detailed.
  3. Internal or Domestic: The ministries have the ability to regulate internal and organizational aspects of their department, without specific authorization. These regulations do not affect the relations of otherness or the general status of the rights and duties of the governed.

Regulatory Authority of the Autonomous Communities (CCAA)

The regions, being in possession of legislative power, also possess regulatory power, which may be exercised in the development of regional legislation or in the development of bases contained in state regulation.

Regulatory Authority of Local Institutions

Their regulatory power bears different characteristics, not being holders of legislative power. This power is exercised by:

  • Tax ordinances regulating their own taxes.
  • General management ordinances, collection, and inspection, and can also make provisions interpretive and explanatory thereof.