Understanding Ordinary Law: Types, Application, and State vs. Regional Law
Understanding Ordinary Law
Overview and Types
Ordinary law is the generic and residual model of law:
- An act of the General Courts, typically emanating from a solemn process following the ordinary legislative procedure.
- Also produced by the autonomous Parliament within its jurisdiction.
State Common Law
State common law includes:
- Laws of Delegation: Through which the Parliament may delegate to the Government the power to issue a legislative decree in the form of a text of articles or merged texts.
- Basic Laws: The state regulates basic material aspects of a subject, and the Autonomous Communities (CCAA) cannot legislate beyond the development of these bases. These bases are not always a standard content and status of law; some authors include them in the block of constitutionality. If a law regulating autonomic matters contradicts the basic laws, it will be unconstitutional.
- Framework Laws: These belong to the block of constitutionality.
- Budget Law: These have a specific approval procedure. The legislative initiative, excluding the government, is the only entity that can submit the draft budget law, approving the general state budget.
Different approaches to dealing with ordinary laws allow us to distinguish between laws and laws of the Commission plenary. The latter are discussed and approved by the Standing Legislative Committees, bypassing the Pleno. The ordinary law is not hierarchically infraorders to the Basic Law, although the Act takes precedence over the ordinary. According to Article 28 loctaed: “The TC may declare unconstitutional infringement of article 81 the provisions of the Decree-Law, Legislative Decree, a law that has not been approved by a court or legislative rule or a CA, in For that they should have covered matters reserved for LO or involve modification or repeal of a law passed in that capacity regardless of content.”
The preferential application of organic law on the ordinary applicators must be made by law if the LO is moved within the scope of its powers. Never mind that the LO is before or after the ordinary. However, if the applicator of the right believes that the LO does not move within its jurisdiction, the solution to the conflict will depend on whether this law is prior or subsequent to the ordinary law. If later, the Act should apply. But if it is above the D ยบ applicator should promote an issue of unconstitutionality to the TC. If this I decide that the LO does not move within the scope of its powers, the ordinary and declared the law is repealed by ordinary post.
State Law and Regional Law
They are at the same level, including the principle that there is no competition hierarchy.
Relative Primacy of State Law and the Problem of Concurrency
Art 149.3 EC: Matters not expressly assigned to the State by the EC may be the CAAC, under their respective statutes. The powers which have not taken the CCAA for the State, whose laws shall prevail in case of conflict, over those of the CAA in everything that is not attributed to the exclusive jurisdiction of these.
This article contains a clause prevalence and primacy of state law. Consequently, in a conflict where there are regional regulations and standards, the state government’s regulations should apply. Before choosing one or the other, it must be checked if the State rule can be applied in the community. If it were not to be made an issue of unconstitutionality (if it were law) or irrelevant (if a regulation).
In the event that the state standard in the community could apply, state law would apply in preference.