217:, but the rules with force of law as is the case of the Decree-Law. If the Constitutional Court considers that the situation is not one of urgent and extraordinary need or that if the subject matter is not within its competence, it may declare it totally or partially
228:
For this reason, it is often considered that the
Constitutional Courts are negative legislators, lacking the power to make laws but with the power to repeal all or portions of the unconstitutional laws/acts.
154:
Decree-Laws must be immediately submitted for debate and voting by the entire
Congress, which must be summoned for this purpose if not already in session, within thirty days of their promulgation.
108:
The first of the limits lies in the non-compliance with the initial requirements. If the Decree-Law is not created because of an urgent and extraordinary need, it can be eliminated.
69:
This means that there are two fundamental conditions to use the form of the Royal Decree-Law: that the measures must be implemented urgently (and cannot be carried out by the normal
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is the only body authorized to rule whether a rule with force of law is legal or not. This means that the
Constitutional Court can judge not only the
190:
The Royal Decree-Law may occupy the "place" or regulate matters that would be dealt with by ordinary law, but never of those matters reserved for the
59:
In case of extraordinary and urgent need, the
Government may issue temporary legislative provisions which shall take the form of decree-laws ...
201:
who decides when it is a moment of urgent and extraordinary need, many times the Decree-Law does not literally respect the initial requirements.
35:
who is responsible for sanctioning and ordering the publication and compliance of the rule. However, when the rule is created by an
243:
274:
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The
Constitution enumerates a series of subjects on which the Decree-Law does not have the capacity to legislate. These are:
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43:(the autonomous community Decree-Law is sanctioned by the President of the Autonomous Community in the name of the King).
176:(the Decree-Law is part of the legal system since its creation, but needs the ratification of the Congress to remain so).
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147:
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because it is very slow), and that the Decree-Law is created because of situation of extraordinary necessity.
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Temporal limits: The Decree-Law is temporary and must be ratified, rejected or converted into law by the
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165:
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With these limits the
Constitution tries to prevent abuse of the Decree-Law, but since it is the
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Circumstantial limits: About the fact that causes the birth of the decree-law (see
Requirements).
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by means of the urgency procedure. (This allows the Decree-Law to elevate to the status of Law.)
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218:
96:
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The Decree-Law may not affect the rights, duties and freedoms of the citizens contained in
39:, it receives the name of "Decree-Law" because the King only sanctions the Decrees of the
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32:
222:
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must debate whether or not the Decree-Law is valid and has three possibilities:
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The
Congress can repeal the Decree-Law and it is removed from the legal system.
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The Decree-Law may not affect the legal system of the basic State institutions.
183:
31:. The name of "Royal" is given because it has state rank and it is the
238:
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Material limits: The Decree-Law can not legislate on certain matters.
194:(fundamental rights, autonomy statutes, electoral regime, etc.).
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The
Congress can ratify the Decree-Law and it becomes part of the
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The Decree-Law may not affect the system of Self-governing of the
25:
214:
21:
275:
Promulgación y publicación de leyes de comunidades autónomas
85:, there are 3 limits to the application of the Decree-Law:
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The Decree-Law may not affect the
General Electoral Law.
146:The Decree-Law is temporary and, according to the
152:
57:
8:
182:The Congress may process them as Government
253:Most of the information is taken from the
159:Article 86.2. Spanish Constitution of 1978
64:Article 86.1 Spanish Constitution of 1978
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20:is a legal rule having the force of a
7:
164:This means that within 30 days, the
209:According to the Constitution, the
47:Requirements to use the Decree-Law
14:
1:
255:Spanish Constitution of 1978
309:
244:Royal Legislative Decree
77:Limits of the Decree-Law
221:and expel it from the
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132:Autonomous Communities
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104:Circumstantial limits
71:parliamentary process
37:autonomous government
249:Royal Decree (Spain)
211:Constitutional Court
127:of the Constitution.
83:Spanish Constitution
41:central government
81:According to the
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219:unconstitutional
205:Judicial control
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97:Cortes Generales
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55:says literally:
18:Royal Decree-Law
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293:Law of Spain
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53:Constitution
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29:legal system
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192:organic law
142:Time limits
262:References
199:government
287:Category
233:See also
166:Congress
157:—
62:—
26:Spanish
24:in the
239:Decree
125:Part I
184:bills
215:laws
51:The
33:King
22:law
289::
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16:A
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99:.
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