Sources of Law in the EU Member States

2019, 1

Osservatorio sulle fonti / Observatory on Sources of Law

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Section: Sources of Law in the EU member States

 

 

SPAIN– 2018

By Ana Carmona Contreras, University of Seville

 

Name of the Act/s

Ley Orgánica 2/2018, de 5 de diciembre, para la modificación de la Ley Orgánica 5/1985, de 19 de junio, del Régimen Electoral General para garantizar el derecho de sufragio de todas las personas con discapacidad.

Date of entry into force of original text

December 7, 2018

Date of Text (Adopted)

December, 5, 2018

Type of text

Organic Law /Ley Orgánica

If federal State

Federal level

□ State level (specify the State)

If Regional State

x State level

□ Regional level (specify the Region/Comunidad Autonoma)

Enacted by

Government/Congress of Deputies

Reference to the Constitution (art)

Article 14:

---- “Spaniards are equal before the law and may not in any way be discriminated against on account of birth, race, sex, religion, opinion or any other personal or social condition or circumstance”.

Article 23.1:

---- “Citizens have the right to participate in public affairs, directly or through representatives freely elected in periodic elections by universal suffrage”.

Subject area

Right to vote; persons with disabilities;

If the act implements a source of EU Law: cite the relevant EU legal source

 

Comment

As a result of this legislative reform "everyone can exercise their right to vote, conscious, freely and voluntarily, whatever their way of communicating and the means of support required."

It can be said that the adaptation of the electoral law is a consequence of the need to adjust the Spanish regulation to the provisions of the Convention on the Rights of Persons with Disabilities. Thus, the pre-existing situation is overcome and makes it possible for people who are any limited or canceled their right to vote because of disabilities can exercise their right to vote.

The Committee on the Rights of Persons with Disabilities (United Nations) asked Spain through a recommendation adopted in 2011 to review "all relevant information to law all persons with disabilities, regardless of disability, of their legal status or their place of residence, have the right to vote and participate in public life on an equal basis with others ". In response to such a request, the Committee urged the State to amend Article 3 of the Electoral Act which "authorizes judges to deny voting rights by decisions taken in each individual case".

Secondary sources/ doctrinal works (if any)

 

Available Text

https://www.boe.es/diario_boe/txt.php?id=BOE-A-2018-16672

2019, 1

Osservatorio sulle fonti / Observatory on Sources of Law

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Section: Sources of Law in the EU member States

 

 

SPAIN– 2018

By Ana Carmona Contreras, University of Seville

 

Name of the Act/s

Real Decreto-ley 7/2018, de 27 de julio, sobre el acceso universal al Sistema Nacional de Salud

Date of entry into force of original text

July, 31, 2018.

Date of Text (Adopted)

July, 27, 2018.

Type of text

Royal Decree-Law /Real Decreto-Ley

If federal State

Federal level

□ State level (specify the State)

If Regional State

x State level

□ Regional level (specify the Region/Comunidad Autonoma)

Enacted by

Government/Congress of Deputies

Reference to the Constitution (art)

Article 43:

--- 1. “The right to health protection is recognised”.

--- 2. “It is incumbent upon the public authorities to organize and watch over public health by means of preventive measures and the necessary

benefits and services. The law shall establish the rights and duties of all in this respect”.

Subject area

Right to health; Immigrants.

If the act implements a source of EU Law: cite the relevant EU legal source

 

Comment

The commented Royal Decree-Law replaces the Royal Decree-Law 16/2012 of 20 April, on urgent measures to ensure the sustainability of the national health system and improve the quality and safety of its performance measures. This regulation, approved by the Government chaired by Mr. Rajoy during the economic crisis substantially restricted health rights of undocumented migrants living in Spain, since "left out of health care from public funds adults not registered or authorized to reside in Spain" and limiting the assistance to cases of "urgency serious illness or accident to high medical situation and care during pregnancy, childbirth and postpartum."

Making a clear difference with such a regulatory approach, the current RDL primarily aims to "guarantee the right to health protection and health care, under the same terms to all persons who are in the Spanish State". Consequently, the ownership of the right to health protection and health care is predicated of all people, regardless of nationality, who have established their residence in the Spanish territory.

Secondary sources/ doctrinal works (if any)

 

Available Text

https://www.boe.es/diario_boe/txt.php?id=BOE-A-2018-10752

2019, 1

Osservatorio sulle fonti / Observatory on Sources of Law

----------------------------------------------------------------------------

Section: Sources of Law in the EU member States

 

 

SPAIN– 2018

By Ana Carmona Contreras, University of Seville

 

Name of the Act/s

Real Decreto-ley 10/2018, de 24 de agosto, por el que se modifica la Ley 52/2007, de 26 de diciembre, por la que se reconocen y amplían derechos y se establecen medidas en favor de quienes padecieron persecución o violencia durante la Guerra Civil y la Dictadura.

Date of entry into force of original text

August, 26, 2018

Date of Text (Adopted)

August, 24, 2018

Type of text

Royal Decree-Law /Real Decreto-Ley

If federal State

Federal level

□ State level (specify the State)

If Regional State

x State level

□ Regional level (specify the Region/Comunidad Autonoma)

Enacted by

Government/Congress of Deputies

Reference to the Constitution (art)

Article 149.1: The State shall have exclusive competence

over the following matters:

--- 8. Civil legislation.

--- 16. Basic conditions and general coordination of health matters.

--- 18. Basic rules of the legal system of Public Administrations (…); the common administrative procedure (…); legislation on compulsory

expropriation.

--- 24. Public works of general benefit or whose execution affects more than one Selfgoverning Community.

Subject area

Administrative procedure; Historical memory; Civil war; reparation victim’s rights.

If the act implements a source of EU Law: cite the relevant EU legal source

 

Comment

The Royal Decree-Law enables a procedure that allows the Council of Ministers to proceed to exhume and transfer the remains of the dictator Francisco Franco buried in the Valley of the Fallen (Valle de los Caídos). It should be recalled that the Valle is a monument built at the end of the spanish civil war (1936-1939). It is important, too, to remember that to do this, the dictator used the forced labor was carried out (under inhumane conditions) by prisoners on the Republican side.

In the Government's view, the operation of exhumation issued by Royal Decree-law is indispensable and "urgent" to comply with the Historical Memory Act (No. 52/2007 of 26 December, that acknowledges and broadens rights, and establishes measures, for those who suffered persecution or violence during the civil war and the period of dictatorship). This Act establishes the duty to remove Francoist symbols and avoid antidemocratic exaltations in public places, including the Valley of the Fallen. The Executive chaired by Mr. Sanchez also believes that it is necessary realize what is stipulated by the sixth additional provision of the Historical Memory Act: the Valle should become "a place and rehabilitate intended to honor the memory of all those killed in the war as a result of the subsequent political repression".

The decision to exhume and transfer the remains of the dictator shall be adopted by the Council of Ministers, according to the specific procedure regulated by the same Royal Decree. This procedure is initiated ex officio by the Board of Ministers. Then within fifteen days family members may provide on the fate of the remains of F. Franco indicating, where appropriate, place of reburial. For if family members do not manifest their will in a timely manner, it is attributed to the Cabinet decision on the place of reburial, in any case ensuring a dignified burial.

This decision shall be given to the parties concerned to, within no more than ten days, claiming what they deem appropriate. After that time, the Council of Ministers, by reasoned Agreement, decide on whether any exhumation and transfer, indicating, where appropriate, the destination to be given to the mortal remains affected.

Secondary sources/ doctrinal works (if any)

 

Available Text

https://www.boe.es/diario_boe/txt.php?id=BOE-A-2018-11836

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