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The Spanish Legal System

The Spanish Legal System. Daniel Mabrey Sam Houston State University. Spain Legal System. Country Facts Iberian Peninsula Includes Ballearic Islands, Canary Islands, Ceuta, and Melilla ~ 40,000,000 people Currency = Peseta, but the Euro is found everywhere

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The Spanish Legal System

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  1. The Spanish Legal System Daniel Mabrey Sam Houston State University

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

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

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

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

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

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

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

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

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

  11. Spanish Legal Systems Questions? Daniel Mabrey mabrey@shsu.edu

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