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Update by Vanessa Casado. She also holds LL. She speaks Catalan, Spanish, and English. She speaks Spanish, Catalan, English and French. She worked as a law librarian for several years at the legal department of some enterprises in issues involving international business and legislation research. See the Archive Version! The Kingdom of Spain is the largest country on the Iberian Peninsula, which it shares with Portugal and the British-dependent territory Gibraltar.
SinceSpain has been a member of the European Union. The Spanish population is about Spain gained admission to the group of countries launching the euro in In January 1,the euro coins and bills started circulating and the former currency — peseta – ceased to exist. Spanish is the official Spanish language but coexists with other regional languages that are linve in their respective Autonomous Communities article 3 Spanish Constitutionmainly Catalan, Basque and Galician.
The capital of the State is the city of Madrid article 5 Spanish Constitution. It entered into force on December 29 th The Constitution contains the basic principles of the political system and is the supreme rule of the legal system. It has been amended twice. First, into establish passive suffrage in the local elections for nationals from other EU countries who have their ed in Spain.
Second, into introduce a limit to public deficit for the central and regional governments according mainly to the principles set forth at the European level. This amendment is part of the strategy proposed by the European Union to solve the effects of the global financial crisis. Only the German Constitution has similar clauses.
The amendment includes budget stability principles but the actual limits will be fixed administrtaivo legislation or by EU instruments. The sovereignty belongs to the Spanish people articles 1.
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The political form of the Spanish State is the Parliamentary Monarchy article 1. The King is the Head of State and exercises only those functions expressly attributed to him by the Constitution and the laws article Even though the Constitution defines Spain as unitary and indissoluble, it also recognizes paiagua guarantees the principle of autonomy of nationalities and regions article 2 SC. Spain has three different levels of government article SC.
Especially significant are the articles and referred to the distribution of powers between the State and the Autonomous Communities. Central government has three branches: The Parliament is divided in two chambers Article Congreso de los Diputadosart. Congress is the chamber of popular representation drrecho the Senate is the chamber of territorial representation.
In practice, the Congress holds a superior position over the Senate. Parliament is regulated by articles 66 to 80 SC and by the own internal regulations of each Chamber: Reglamento del Congreso Feb. This is the English version it is frombut it has comments fundmaentos the updates.
Reglamento del Senado May 3, Each chamber has its own organs: Both Chambers convene in Plenary sittings funddamentos in Committees article Due to the difficulty or impossibility of discussing each question in a Plenary Session, the Houses may delegate to Standing Legislative Committees the approval of Government or non-governmental bills.
Commissions have full legislative power in most matters: As stated in art The Parliament elects the President of enriquw Government. The electoral system is partly regulated by SC: As stated by articles 97 SC and 1.
The Government conducts domestic and foreign policy, civil and military administration and the defense of the State. The relation between the Government and the Parliament is based on confidence. The Government is collectively accountable before the Congress of Deputies for its actions article SC.
Article SC regulates the consequences of losing the Parliamentary confidence trough a motion of censure or through a vote of confidence.
Criminal responsibility of the members of the Government will be judged before the Criminal Section Supreme Court article SC, which also includes other questions related to their responsibility. President and Ministers are formally appointed by the King. According to article They can also be ministers of one area.
Currently there are 3 vice-presidents. Article SC regulates the appointment of the Ministers. The president nominates the ministers, who are formally appointed and dismissed by the King.
The causes of dismissal are: Ministries cannot be dismissed by Parliament. The number of Ministries is fixed by the President in a Real Decreto. Currently, there are fifteen ministerial offices the ministers of the three first departments are also Vice-Presidents: This is an unusual figure. Ministers have both an administrative position, as heads of a ministerial office, and a political one, as members of the Government.
Government is constituted as a collegiate organ, although its members have their own functions. Government is usually identified with the Council of Ministers. The Council of Ministers is formed by the President, Vice-President and Ministers although other high officials Secretarios de Estado can attend if they are invited. Autonomous Communities do not have judicial power and their courts are courts of the state. The provision of unitary also implies that the existence of special courts, courts of exception article Judges are independent and they are subjected only to the rule of law article Judges are not subjected to any orders or instructions by any other power of the State or other judges and article 1 LOPJ.
They may only be dismissed, suspended, transferred or retired on the grounds provided for by the law and subject to its safeguards article Following a constitutional mandate article The Council is also regulated by its own internal regulation: The members are elected by the two legislative chambers, ten each, and appointed by the King. Twelve of its members shall be judges and magistrates of all judicial categories and eight members shall be chosen amongst lawyers and other jurists of acknowledged competence with more than fifteen years of professional practice Article The members of the Council are appointed for a five-year period and they cannot be reelected, with the exception of the President.
Spanish territory is divided for jurisdictional purposes into articles 30 and et. This division coincides with the administrative division of the territory and it corresponds to the administrative demarcation with the same name. When the act talks about Juzgado it means an organ with a single judge and when talks about Tribunal it is referring to a collegiate organ. Article 26 LOPJ lists the different types of courts. Each territorial unit has a specific type of court: Two courts have jurisdiction over the whole territory: It has power over criminal, administrative and labor cases.
Criminal cases include attacks to the Crown or the government, drug trafficking, falsification of coins or bills, etc. Cases started in a foreign country or foreign judicial decisions that need to be executed in Spain are also attributed to the Criminal section of the Audiencia Nacional. Administrative cases include mainly terrorism financing and actions against acts of the high officials of the central government.
Labor cases regarding collective conflict or regarding collective agreements that affect more than one autonomous community are held before the Audiencia Nacional.
UPDATE: GUIDE TO LEGAL RESEARCH IN SPAIN – GlobaLex
Spanish courts are also organized hierarchically. There is a system of appeals against the decisions of lower courts to higher courts and, when certain conditions are met, to the Supreme Court, which is the highest judicial body in all branches of justice except concerning constitutional guarantees article According to the subject of the matter, Spanish courts are organized in four categories article 9 LOPJ: First, in general, the issue is attributed to a First Instance Court.
There are certain exceptions: Family Ehrique cases will be held before Violence against women Courts if a victim and the possible author of gender violent crimes are opponents and if criminal liability procedure related to these have started.
This is a consolidated version offered in Spanish by the Official Gazette it includes modifications until There is a distinction between crimes with an associated punishment is imprisonment below or above 5 years or other fnudamentos of punishment article 14 LECr. The examination phase is held before an Examination Court and the oral phase before a Criminal Court.
The examination phase is by held by an Examination Court and the oral phase is held by the Criminal Section of the Provincial Dderecho. It decides cases related to crimes against people, crimes committed by civil servants, crimes against honor, crimes against security and liberty, crimes related to fires, etc. The examination phase is attributed to an Examination Court and the oral phase is held before a jury constituted at the Provincial Court.
If a Court of Peace does, the first instance for minor misdeeds is held by a Court of Peace. Violence against women Courts: