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| Laws of Spain | |
|---|---|
| Name | Spain |
| Native name | España |
| Capital | Madrid |
| Legal system | Civil law |
| Constitution | Spanish Constitution of 1978 |
| Courts | Supreme Court; Constitutional Court |
| Legislature | Cortes Generales |
Laws of Spain The legal order of Spain derives primarily from the Spanish Constitution of 1978, shaping relations among the Monarchy of Spain, the Cortes Generales, the President of the Government, and the Autonomous communities of Spain such as Catalonia, Andalusia, Basque Country, Galicia, and Valencian Community. The system interrelates instruments like the Organic law, Royal Decree, and statutes of autonomy adopted after the Spanish transition to democracy and events such as the 1977 Spanish general election and the 1981 attempted coup d'état in Spain.
The Spanish Constitution of 1978 allocates competences between the Cortes Generales and the Autonomous communities of Spain, recognizes the role of the Monarchy of Spain and guarantees rights that courts such as the Constitutional Court of Spain and the Supreme Court of Spain protect. Constitutional review involves instruments influenced by decisions comparable to the Basic Law (Germany) and constitutional jurisprudence from the European Court of Human Rights and the Court of Justice of the European Union in cases like disputes over Statute of Autonomy of Catalonia or the Statute of Autonomy of the Basque Country.
Primary sources include the Spanish Constitution of 1978, Organic laws such as the Organic Law on the Constitutional Court, ordinary laws passed by the Congress of Deputies and the Senate of Spain, and Royal Decrees by the Council of Ministers. Secondary sources include jurisprudence from the Supreme Court of Spain, decisions of the Constitutional Court of Spain, directives and regulations from the European Commission and the European Parliament, and international treaties ratified by Spain such as the Treaty of Lisbon and the European Convention on Human Rights.
Legislation begins with initiatives from the Government of Spain, the Cortes Generales, the Autonomous communities of Spain, and popular initiatives like the Citizen Legislative Initiative used in Catalonia or practiced elsewhere following models similar to the Swiss Federal Assembly. Bills pass through committees in the Congress of Deputies and the Senate of Spain and may become law following royal assent from the King of Spain. The process has been central in reforms like the Organic Law on the Judiciary and statutes resulting from negotiations among parties such as the Spanish Socialist Workers' Party and the People's Party (Spain).
The judiciary encompasses the Supreme Court of Spain as the highest judicial body for ordinary jurisdiction, the National Court (Audiencia Nacional) for major cases, and specialized tribunals including the Audiencias Provinciales and Juzgados de lo Penal. Constitutional matters go to the Constitutional Court of Spain, while administrative disputes may reach the High Court of Justice of an Autonomous Community and ultimately the Supreme Court of Spain (Sala de lo Contencioso-Administrativo). Notable cases have involved institutions like the Civil Guard (Spain), the National Court (Spain), and investigations connected to figures from the Bárcenas affair and the Spanish financial crisis (2008–2014).
Substantive criminal law is codified in the Spanish Criminal Code and procedural rules are set out in the Criminal Procedure Act. High-profile prosecutions have engaged the National Court (Audiencia Nacional), the Supreme Court of Spain, and issues touching on the European Court of Human Rights concerning rights like fair trial guarantees established after the Francoist Spain era and during the Spanish transition to democracy. Penal policy interacts with institutions such as the Ministry of the Interior (Spain), the Prosecutor's Office (Spain), and penal institutions supervised by the General Secretariat of Penitentiary Institutions.
Civil law matters are governed by the Civil Code (Spain) and related family statutes, wills, and contracts influenced by regional codes like the Foral law in the Basque Country and Navarre. Family law intersects with decisions from the Supreme Court of Spain, divorce procedures following reforms initiated during the Zapatero government, and protections arising from instruments such as the Organic Law for the Comprehensive Protection against Gender Violence. Property and succession disputes may involve cadastral matters overseen by the Ministry of Public Works (Spain) and registries like the Property Registry (Spain).
Administrative law is regulated by the Law on Administrative Procedure and cases adjudicated by administrative chambers including the Supreme Court of Spain (Sala de lo Contencioso-Administrativo), with regulatory agencies such as the National Securities Market Commission, the Spanish Data Protection Agency, and the National Commission on Markets and Competition enforcing sectoral rules. Environmental regulations derive from statutes implementing directives from the European Union and have featured litigation involving the Ministry for the Ecological Transition and projects like debates over the Doñana National Park and infrastructure undertakings by entities like ADIF.
Spain incorporates international obligations through ratified treaties such as the Treaty of Lisbon and participation in bodies like the United Nations and the Council of Europe. The Court of Justice of the European Union affects domestic law through preliminary rulings, while the European Court of Human Rights influences rights jurisprudence. Spain’s membership in the European Union and interactions with institutions like the European Commission and the European Parliament shape domestic implementation of directives and regulations, as seen in compliance cases regarding the Common Agricultural Policy and financial supervision aligned with the European Central Bank.