Spanish and European Union Law: A Comparative Study
State Institutions
Legislative Branch
The Parliament, known as the Cortes Generales, comprises two chambers: the Congress of Deputies and the Senate. The Cortes Generales exercise legislative power, manage budgets, and hold other powers granted by the Constitution.
Executive Power
The government holds executive power, directing domestic and foreign policies, military administration, and state defense.
Judiciary
Judges enforce laws in cases under their jurisdiction.
The Crown
The King, as head of state, ensures the smooth operation of institutions and fulfills duties assigned by the Constitution and laws.
European Integration
Community law is characterized by:
- Specific institutions with broad powers.
- Recognition of individuals as legal subjects.
- Direct applicability of certain provisions without requiring adoption by member states.
- Primacy of EU law over national law.
- Mandatory procedures for addressing violations.
Institutions of the European Community
Council of the European Union
Represents member states, acts as a legislative chamber with executive powers, and consists of one minister from each member state.
European Parliament
Represents the peoples of the EU.
European Council
Composed of heads of state, it sets general economic policy directions within the Union.
European Commission
Initiates the EU decision-making process, holds legislative powers, and performs administrative functions in implementing laws.
Court of Justice of the European Union
Makes decisions by majority vote. It is a supranational institution, independent of member state interests.
Civil Law
Civil law is the general private law, regulating relations between individuals.
Spain has diverse regional “foral” rights coexisting with the Civil Code.
The 1888 Framework Law authorized the government to publish a Civil Code, stipulating that regions with foral rights retain them fully. Regional Law excludes rules concerning the application and effectiveness of legal norms, public record management, conflict resolution, and determination of legal sources.
The Civil Code
A coordinated system of rules regulating a sector of the legal system, grouped by institutes. Other laws within the code develop specific aspects of civil law.