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Law In Spain
The Law of Spain is the legislation in force in the Spain, Kingdom of Spain, which is understood to mean Spanish territory, Spanish waters, consulates and embassies, and ships flying the Spanish flag in democratically elected institutions. Characteristics Spanish law follows the continental system, which means it is supported principally by the law in the broad sense (laws and regulations) and to a lesser extent by judicial decisions and customs. Likewise, it is a complex law, in which various autonomous community legislation coexists with the national. Constitutional supremacy The supreme Spanish law is the Spanish Constitution of 1978, which regulates the functioning of public bodies and the fundamental rights of the Spanish people, as well as the organization and competencies of the different autonomous communities. The Constitution, as well as being directly applicable by the judiciary, enjoys a material supremacy that determines the rest of the laws in Spain. Constitutional ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Administration Of Spain
The Public Administration of Spain is the governmental apparatus that manages the Spanish public interests. The Constitution of 1978 declares in article 103.1 that the Public Administration serves objectively the general interests and acts in accordance with the principles of efficiency, hierarchy, decentralization, deconcentration and coordination, with full submission to the Law. The Law 40/2015, of October 2, about the Juridical Regime of the Public Sector, establish that are Public Administration the '' General State Administration, the Administrations of the Autonomous Communities, the Entities that integrate the Local Administration, as well as the public organisms and the entities of public law''. The structure of the Public Administration of Spain is composed of many Administrations, which can be divided into three groups: Territorial administrations (this are the administrations that needs territory to exist like the General State Administration), the Instrumental or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Decree
A decree is a legal proclamation, usually issued by a head of state, judge, royal figure, or other relevant authorities, according to certain procedures. These procedures are usually defined by the constitution, Legislative laws, or customary laws of a government. Belgium In Belgium, a decree is a law of a community or regional parliament, e.g. the Flemish Parliament. Catholic Church A decree (Latin: ''decretum'') in the usage of the canon law of the Catholic Church has various meanings. Any papal bull, brief, or motu proprio is a decree inasmuch as these documents are legislative acts of the pope. In this sense, the term is quite ancient. The Roman Congregations were formerly empowered to issue decrees in matters which come under their particular jurisdiction but were forbidden from continuing to do so under Pope Benedict XV in 1917. Each ecclesiastical province and also each diocese may issue decrees in their periodical synods within their sphere of authority. While i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Legislative Decree (Spain)
A Royal Legislative Decree is a legal rule having the force of a law in the Spanish legal system. The name of "Royal" is given because it has state rank and it is the King who is responsible for sanctioning and ordering the publication and compliance of the rule and the name of "Legislative" is given because it is a delegation from parliament. However, when the rule is created by an autonomous government, it receives the name of "Legislative Decree" because the King only sanctions the Decrees of the central government (the autonomous community Legislative Decree is sanctioned by the President of the Autonomous Community in the name of the King). Requirements to use the Royal Legislative Decree In order to delegate the legislative capacity of Parliament to the Government, Parliament must make a law (known as Delegation Law or Law of Delegation) to allow it. In this way, the Legislative Decree that is created will already be backed by Congress and will become part of the legal system ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Decree-Law (Spain)
A Royal Decree-Law is a legal rule having the force of a law in the Spanish legal system. The name of "Royal" is given because it has state rank and it is the King who is responsible for sanctioning and ordering the publication and compliance of the rule. However, when the rule is created by an autonomous government, it receives the name of "Decree-Law" because the King only sanctions the Decrees of the central government (the autonomous community Decree-Law is sanctioned by the President of the Autonomous Community in the name of the King). Requirements to use the Decree-Law The Constitution says literally: This means that there are two fundamental conditions to use the form of the Royal Decree-Law: that the measures must be implemented urgently (and cannot be carried out by the normal parliamentary process because it is very slow), and that the Decree-Law is created because of situation of extraordinary necessity. Limits of the Decree-Law According to thSpanish Constitution t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ordinary Law
An ordinary law is a normal law, generally distinguished from a constitutional law, organic law, or other similar law. Typically, ordinary laws are subordinate to constitutional and organic laws, and are more easily changed than constitutional or organic laws, though that should not be assumed to be the case in all jurisdictions. (For example, the Constitutional Court of Spain has ruled that Spain's Organic Laws are not hierarchically superior to ordinary laws, but simply apply to different matters.Sentencia de 13 de febrero de 1981, Tribunal Constitucional de España) Ordinary laws often govern areas beyond the scope of constitutional or organic laws. Normally, in a democracy, an ordinary law must first obtain a simple majority of a congress, parliament, or other legislature, and then be signed into law by the representative of executive power. The process leading to a legislative vote may vary vastly from one jurisdiction to another: the process may be initiated by either house o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Absolute Majority
A majority is more than half of a total; however, the term is commonly used with other meanings, as explained in the " Related terms" section below. It is a subset of a set consisting of more than half of the set's elements. For example, if a group consists of 31 individuals, a majority would be 16 or more individuals, while having 15 or fewer individuals would not constitute a majority. A majority is different from, but often confused with, a plurality, which is a subset larger than any other subset but not necessarily more than half the set. See the " Related terms" section below for details. Majority vote In parliamentary procedure, a majority always means precisely "more than half". Other common definitions (e.g. the frequent 50%+1) may be misleading (see "Common errors" below). Depending on the parliamentary authority used, there may be a difference in the total that is used to calculate a majority vote due to spoiled votes. Comparing the two most popular authoritie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Organic Law (Spain)
An Organic Law () in Spanish law refers to a law related to fundamental rights and freedoms and important institutional areas as defined by the Constitution (including ''inter alia'', statutes of autonomy, referendums and electoral processes, functioning and organisation of the Constitutional Tribunal, the organisation of the military and the succession of the throne). Organic Laws must be passed by an absolute majority of the Congress of Deputies (not merely a majority of those voting). In legal terms, organic laws are conceptually considered part of the constitution. Prior to the 1978 constitution this concept had no precedent in Spain. It was inspired by a similar concept in the current French Constitution of 1958 and conceived as a democratic safeguard to prevent authoritarian aspirations in the transition to democracy (they are harder to change). Definition The Spanish Constitution defines "Organic laws are those related to the development of fundamental rights and pub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spanish Civil Code
The Civil Code of Spain (), formally the Royal Decree of 24 July 1889 () is the law that regulates the major aspects of Spanish civil law. It is one of the last civil codes in Continental Europe because of the sociopolitical, religious and territorial tensions that dominated 19th-century Spain. The code has been modified numerous times and remains in force. Structure The structure of the Civil Code is heavily inspired by the French Civil Code of 1804. It is made up of 1976 articles. * Preliminary Title. Of legal norms, their application and efficacy (articles 1 to 16). * Book I. Of persons (articles 17 to 332). * Book II. Of goods, of property and of their modifications (articles 333 to 608). * Book III. Of the different ways of acquiring property (articles 609 to 1087). * Book IV. Of obligations and contracts (articles 1088 to 1975). * Article 1976 is a repeal provision. * 13 transitional provisions. * 4 additional provisions. Criticism Like other European civil codes, the Sp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
General Council Of The Judicial Power Of Spain
The General Council of the Judiciary (, CGPJ) is the national council of the judiciary of Spain. It is the constitutional body that governs all the Judiciary of Spain, such as courts, and judges, as it is established by the Spanish Constitution of 1978, article 122 and developed by the Organic Law 6/1985 of the Judicial Power (LOPJ). The President of the CGJP is also the president of the Supreme Court. Constitutional nature The Constitution of 1978 regulates the General Council of the Judiciary in paragraphs 2 and 3 of the section 122. This means that, the Constitution only detail the way of election of the eight members of the CGPJ that they will be chosen between the most renowned jurists. It requires a minimum of 15 years of experience. Four of them must to be chosen by the Congress and the other four by the Senate. Both case requires a majority of three fifths of the members of every Chamber to be elected member of the CGPJ. Otherwise, for the election of the twelv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Court
A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established rules, rights, and freedoms, among other things. History Before establishment of independent constitutional court Prior to 1919, the United States, Canada and Australia had adopted the concept of judicial review by their courts, following shared principles of their similar common law legal systems, which they, in turn, had inherited from British colonial law. The Parthenopean Republic's constitution of 1799, written by Mario Pagano, envisaged an organ of magistrates reviewing constitutional law, the ''eforato'', but lasted only 6 months. The 1776 Constitution of Pennsylvania and 1777 Constitution of Vermont both establish a "Council of Censors" separate from the other branches of government, with the task of "recommending to the l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Account Court
Account (abbreviated a/c) may refer to: * Account (bookkeeping) * A report * A bank account ** Deposit account ** Personal account ** Sweep account ** Transaction account * User account, the means by which a user can access a computer system * Customer In sales, commerce, and economics, a customer (sometimes known as a Client (business), client, buyer, or purchaser) is the recipient of a Good (economics), good, service (economics), service, product (business), product, or an Intellectual prop ... of a company, used in B2B business ** account manager ** account executive {{disambig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
