The legal system of Spain
A civil-law system built on the 1978 Constitution and codified law, with a powerful Constitutional Court and a strongly decentralised structure of autonomous communities. An EU and eurozone member whose regional parliaments hold significant legislative powers.
Legal tradition
Spain belongs to the civil law tradition. A civil-law system built on the 1978 Constitution and codified law, with a powerful Constitutional Court and a strongly decentralised structure of autonomous communities. An EU and eurozone member whose regional parliaments hold significant legislative powers.
How power is divided
A constitutional monarchy with the King as head of state, an executive led by the President of the Government, a bicameral parliament and an independent judiciary, overlaid by extensive regional self-government.
Where law comes from
- Constitution
- The 1978 constitution, supreme over all other norms.
- EU law
- Directly applicable and, in its field, paramount.
- Statutes of the Cortes
- Organic and ordinary laws, plus autonomous-community legislation.
- Codes
- The Civil Code, Commercial Code, Penal Code and procedural codes.
The legal profession
Abogados belong to local bar associations (colegios de abogados); procuradores represent parties procedurally and notaries authenticate deeds and company acts.
Law by topic in Spain
- Civil ProcedureThe 2000 Civil Procedure Act with oral hearings and a fast payment routeThe Civil Procedure Act of 2000 modernised litigation around oral hearings and concentrated evidence. Ordinary and simplified oral proceedings are distinguished by value and subject matter, and a monitory process handles documented debts.
- Constitutional LawThe 1978 Constitution, a parliamentary monarchy and seventeen autonomous communitiesSpain is a parliamentary monarchy under the 1978 Constitution, which ended the transition from dictatorship. Power is extensively devolved to seventeen autonomous communities, and a dedicated Constitutional Court polices both rights and the division of competences.
- Business & CorporateCapital companies, the Commercial Registry and notarised incorporationBusiness is dominated by the sociedad limitada (SL) and the sociedad anónima (SA), governed by the Capital Companies Act. Incorporation runs through a notarial deed and registration at the Commercial Registry, with insolvency handled by the consolidated Insolvency Act.
- Human RightsConstitutional fundamental rights, the amparo appeal and the ECHRChapter II of the Constitution sets out fundamental rights that bind all public authorities. The strongest rights are protected by a priority court procedure and by the amparo appeal to the Constitutional Court, with the European Convention available thereafter.
- Criminal LawThe Penal Code with investigating judges and a limited jurySubstantive offences are codified in the 1995 Penal Code, while procedure follows the Criminal Procedure Act. Investigations are supervised by an investigating judge, and a jury sits only for a defined list of serious offences.
- Employment & LabourThe Workers' Statute, sector-wide collective agreements and social courtsEmployment rests on the Workers' Statute, which sets minimum terms that sectoral collective agreements build upon. Dismissal is tightly controlled, and disputes go to specialised social courts after a compulsory conciliation step.
- Immigration & NationalityEU free movement alongside a national regime with strong regularisation routesEU, EEA and Swiss citizens enter under free movement. Other nationals fall under the Immigration Act and its regulation, which combine work and residence authorisations with distinctive routes for long residence and for digital nomads and entrepreneurs.
- Tax LawProgressive income tax shared with the regions, plus VAT and company taxResidents pay personal income tax (IRPF) on worldwide income at combined state and regional rates, so the effective burden varies by autonomous community. Corporate tax and VAT are state-wide, and the tax agency runs an extensive electronic filing regime.
- Family LawNo-fault divorce, shared custody trends and regional civil lawMarriage and divorce are governed by the Civil Code, which since 2005 allows divorce after three months without proving fault. Several autonomous communities have their own civil law on matrimonial property and succession, which can displace the Code.
- Property & LandNotarial deeds, the Land Registry and strong regional variation in leasesOwnership passes by contract and delivery, but the notarial deed plus entry in the Property Registry is what secures the buyer against third parties. Urban leases are governed by the Urban Leases Act, with important regional and municipal overlays.
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