Royal decree


In the Spanish legal system, a Royal Decree is a legal norm with the rank of regulation that emanates from the executive power (the Government) and by virtue of the powers prescribed in the Constitution. However, do not confuse the content with the form of approval: the acts emanating from the Council of Ministers take the form of a royal decree (which is, therefore, the way in which the act is covered), but not all real decree is a regulation (this will depend on the content).

In any case, the royal decree is placed in the order of precedence of the legal norms immediately after the norms with the rank of Law and before the Ministerial Order. Its difference with the first is that it emanates from the executive branch and not from the legislative branch. Its difference with the second is that the royal decree requires for its adoption the approval of the Council of Ministers exclusively, while the Ministerial Order can be established by a single minister.

Both the Royal Decrees and the Ministerial Orders integrate the regulatory powers of the Public Administration. The regulations, by virtue of the principle of normative hierarchy, can not contradict the provisions of the laws and the Constitution prohibits regulating a number of matters reserved to the law.

A Royal Decree is sanctioned by the King and endorsed by the President of the Government or by the competent ministers.

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