Understanding the Spanish Legal Framework: Key Components

Posted on Jan 25, 2025 in Law & Jurisprudence

The Spanish Legal System

The Spanish legal system is based on the need for general rules that facilitate coexistence in society.

Legislative Branch

The legislature, executed by general courts consisting of the Senate and Congress, is responsible for drafting and passing laws.

Executive Branch

The executive branch is formed by the government, which in turn consists of the president, vice president, ministers, and other members established by law. Its function is law enforcement.

Judicial Branch

The judiciary resolves any problems and complaints that may arise from a breach or interpretation of the law.

Citizens use universal suffrage to choose their representatives in the legislature, which then chooses the executive.

Sources of Law

  • Custom: Unwritten rules of law, conduct that society assumes continuously over time.
  • General Principles of Law: Traditions, a series of rules that express the beliefs or convictions of society and are present in all customs laws.
  • Constitution: Laws relating to the development of fundamental rights and civil liberties.
  • Organic Laws: Laws that cover economics, the general electoral system, education law, and any constitutional provision.
  • Regular Law: Regulating other materials.
  • Royal Legislative Decrees: Rules with the force of law that the Government develops when authorized by the Courts.
  • Royal Decree Laws: In extraordinary circumstances, when there is no time for the courts to develop and pass a law, the government rules with the force of law in cases of extraordinary and urgent necessity.
  • Regulation: Content rules implementing the law.
  • Royal Decree: Regulations approved by the Congress of Ministers.
  • Ministerial Orders: Regulations adopted by a Minister.
  • Orders of the Government Commission: Regulations governing matters involving several ministries.
  • Resolutions: Standards issued by the Directorate General.

Characteristics of Work

  1. Personal: Must be performed by the employee.
  2. Non-Voluntary: It is a mandatory or forced relationship.
  3. Third-Party Ownership: The work product belongs to the person who hires.
  4. Dependent: The employee is subject to the employer.
  5. Remunerated: In exchange for work performed, the worker receives a salary.

Hierarchy of Legal Norms

The Spanish legal system is set up in order of importance:

  1. European Community Law: The Community Charter of Fundamental Social Rights of Workers states the rights to be enjoyed by workers: “The free movement, the fair wage, the improvement of working conditions, social protection, collective bargaining, vocational training.”
  2. The Spanish Constitution: Establishes the fundamental rights of any worker in the workplace.
  3. Conventions of the International Labour Organization and International Treaties: Harmonize working conditions.
  4. Laws and Rules with the Force of Law: Organic laws, ordinary laws, decree laws.
  5. The Workers’ Charter: The basic rule in labor, regulating labor rights and duties, as well as key aspects of employment.
  6. Regulations: Responsible for developing the laws and issues related to them.
  7. Collective Agreements: Every profession and territory has its agreement that regulates the conditions of the professions.
  8. Work Contract: It is a source of law.
  9. Custom Work: Unwritten rule applicable in one locality and specific profession.