Living in Spain: The System

The Government directs domestic and foreign policy, civil and military administration and the defence of the State. It exercises executive and statutory authority in accordance with the Constitution and the law.

The Spanish Parliament, the Cortes Generales, has two chambers, the Congreso [Parliament] and the Senato [Senate]. The Congreso de los Diputados (Chamber of Deputies) draws up state budgets and regulates government action.

The Senate, with responsibility for amending the legislation, is the chamber for territorial representation.

Voting in Spain is free, egalitarian, direct and secret and can be exercised by people over 18 years of age.

General, Autonomous Community and municipal elections are held every four years. Spain has many political parties that may be called upon to form a government. These play a fundamental part in Spanish political life and have been one of the main actors in the construction and consolidation of the current democracy. National and regional parties are also present, with representation in the autonomous Parliament.

One of the most important aspects of the enactment of the Spanish Constitution in 1978 was the approval of the division of the Spanish State into Autonomous Communities – 17 to be precise, and two autonomous cities (Ceuta and Melilla) – each of which has its own regional Government and Parliament. The latter have wide-ranging powers, particularly the so-called historic communities of the Basque Country, Cataluña and Galicia.

People who are in Spain are subject to Spanish legislation. Spanish law is similar to French or German law, for example, which are both based on Roman law, but not to the Anglo-American system.

Laws are enacted by the National Parliament and the Parliaments of the Autonomous Communities.

Courts and tribunals with different jurisdictions are responsible for the administration of justice, which is de-centralised for civil, criminal, social and administrative matters

Lawyers are responsible for defending their clients, while legal representatives deal with legal formalities. People on low incomes are entitled to free legal aid.

Any person arrested is entitled to be informed immediately of the reasons for his detention, his rights and his right to a lawyer. People may not be remanded in custody for more than 72 hours, after which the police must either release or charge them.

The management of employment has been transferred to the Public Employment Services of the Autonomous Communities (except in the Basque Country, Ceuta and Melilla), which offer careers guidance services, job opportunities, occupational training and information on job promotion schemes through their network of offices.

The State Public Employment Service (INEM) is responsible for processing and paying unemployment benefits throughout Spain and in the Basque Country, Ceuta and Melilla. It also manages employment and occupational training.

Last edited: 02/08 

Source: European Union
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