Law 19983 on

Classified in Law & Jurisprudence

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Nature and Basis of regulatory powers: a) there is no reservation for a regulation in which our Basic Law does not explicitly excluded an area of the law directly b) does not exist in our Constitution a general reserve of Law, although there are partial backups impeding the exercise of regulatory power in the reserved area, without the prior existence of a regulation having the force of law
c) the range of premium on the Law of the Administration's regulatory products. This is inthe EC (art. 2, 27.10, 36, 97, 137, 152) THE RULES: 1. Expresses a content that can take multiple forms of manifestation (Decree, Order, Order ...), 2. Expressed in relation to the law a certain position in the system defuentes law and 3. Comes from a public authority. Importantly, hierarchical subordination to law RELATIONSHIP BETWEEN LAW-DECREE: regulations: 1) Executives: dictated under the influence of a prior Act. Collaborate with the law in the regulation of matters reserved or occupied by the legislature without a constitutional reservation required for a legal status inferior.Es occupy a formal reservation with a cyclical value because only you can set in the Constitution as an Act which provides can legitimately be contradicted by another Law posterior.Deben include all regulations issued by public administrations and it is noteworthy that the TC acknowledged the existence of criminal laws blanco2 º) autonomous or independent: impact on areas where there is neither constitutional reserve Act or prior Act that are issued regardless of any previous Act. 3rd) In Need: are conducted in situations of need. They must differentiate those who are legally provided and therefore are not, contrary to law, from which they arise without a legal hablitacion exceptional rules that alter previa.Son provisionally jararquica priority of sources of law. Its effect ceases when the extraordinary circumstances disappear without a repeal expresada.C) because of its content differs - Internal: found within each administration. These rules are self-reflexive to those long denied the nature of rule of law by missing the element of otherness. This made prisoners quefuncionarios Administration and maintained a special relationship with the Administration of the special submission and no authority to issue regulations garantias.La internal x is implicitly recognized our OJ to all public authorities .- External: in contrast to the internal if they have the element of otherness. Lapotestad external regulation requires assigning specific subject area in which material can be exercised (competition). CLASS OF REGULATIONS: For the author, depending on the administration that dictates: - Regulations autonomic partly regulated by Law 30 / 92 LRJAP and thus preserve of government administrative laws passed by each of the CCAA. Local Regulations: regulated mainly by local government framework law 7 / 85 of 2 April and the revised text RDL 781/86 of 18 April. institutional regulations: for specific rules governing these institutional administrations. According to his relationship with the law: --Executive regulations: that there must be a law enacted after the regulation and the execution of this law upon development. You can not contradict or undermine the provisions of law which is development and performance. If it is a state law requiring certain reports to ensure that the implementing regulation is faithful, respect for the content that the law develops. Need not contain any provisions innovative. It aims to add a plus to the legislation of which is development.
- Regulation Independent unlike these, is characterized in that there is no prior law to develop. Assume first regulations regulating a social sector where there is no prior legislative rule by law. It is subject to limitations deriving either from the laws, constitution or general principles of law and other regulations of higher jerarquía.-Regulation of need is exceptional is that d are given in emergency situations and therefore gives a exceptional. Eg local government basic Laws - Regulations self: do not exist in our legal system. There are regulations for the establishment a reserve of materials to the regulation. Only those materials can be developed by regulation.

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