The Spanish Legal System Daniel Mabrey Sam Houston State University.

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Presentation transcript:

The Spanish Legal System Daniel Mabrey Sam Houston State University

Spain Legal System Country Facts Iberian Peninsula Iberian Peninsula Includes Ballearic Islands, Canary Islands, Ceuta, and Melilla Includes Ballearic Islands, Canary Islands, Ceuta, and Melilla ~ 40,000,000 people ~ 40,000,000 people Currency = Peseta, but the Euro is found everywhere Currency = Peseta, but the Euro is found everywhere Languages = Officially Castillian, but there are several regional languages (Catalan, Basque, Galician Languages = Officially Castillian, but there are several regional languages (Catalan, Basque, Galician

Spanish Legal System Political System Largely a reaction to Franco’s Dictatorship Largely a reaction to Franco’s Dictatorship Parliamentary Monarchy Parliamentary Monarchy King is Head of State King is Head of State 17 Autonomous Communities with own Parliament and Government 17 Autonomous Communities with own Parliament and Government

Spanish Legal System Political System 3 Effective Governments 3 Effective Governments Central Government Central Government Autonomous Communities Government Autonomous Communities Government Municipal Government Municipal Government

Spanish Legal System Sources of Spanish Law Case Law Case Law Determined by Supreme Court Determined by Supreme Court Appeal-driven Appeal-driven Can rule on Constitutionality of Laws Can rule on Constitutionality of Laws Legal Doctrine Legal Doctrine Only provides interpretation and clarification for case law Only provides interpretation and clarification for case law No legal authority No legal authority

Spanish Legal System Types of Law Organic Law Organic Law Ordinary Law Ordinary Law Decree-Law Decree-Law Legislative Decree Legislative Decree Regulation Regulation International Treaties International Treaties European Community Legislation European Community Legislation

Spanish Legal Systems Legal Professions Lawyer Lawyer Procurator Procurator Notary Notary Judges and Magistrates Judges and Magistrates Public Prosecutors Public Prosecutors Professors and Catedraticos Professors and Catedraticos

Spanish Legal System Catalonia 4 Provinces – Barcelona, Girona, Lleida, Tarragona 4 Provinces – Barcelona, Girona, Lleida, Tarragona Approximately 7 million people Approximately 7 million people 5 million in Barcelona alone 5 million in Barcelona alone Borders France, Andorra, Basque Country, Valencia Borders France, Andorra, Basque Country, Valencia Languages: French, Catalan, Castillian, widely spoken Languages: French, Catalan, Castillian, widely spoken

Spanish Legal System Spanish Police Structures State Police State Police Catalan Police Structures Guardia Civil Guardia Civil Mossos D’Esquadra Mossos D’Esquadra Local Police Local Police Special Security Services Special Security Services

Special Legal Systems Special Legal Circumstances Terrorism Terrorism ETA ETA Islamic Fundamentalists Islamic Fundamentalists Organized Crime Organized Crime Illegal Immigration Illegal Immigration

Spanish Legal Systems Questions? Daniel Mabrey