What does article 86 of the Constitution mean?

Article by: Juan Esteve | Last update: April 10, 2022
Rating: 4.6/5
(73 ratings)

Article 86

The Decree-laws must be immediately submitted for debate and vote in their entirety to the Congress of Deputies, convened for this purpose if it is not in session, within a period of thirty days following its promulgation.

What happens if a decree law is not validated?

In any case, the negative result in the validation vote produces the immediate cessation of the effects of the decree-law and its disappearance from the system, but not the annulment of the effects produced during its validity.

Who can challenge a Royal Legislative Decree?

The Government may challenge before the Constitutional Court within the two months following their date of publication or, failing that, as soon as they come to its knowledge, the normative provisions without the force of law and resolutions issued by any body of the Autonomous Communities .

What is to validate a decree law?

Constitutional procedure that attributes to the Congress of Deputies the express pronouncement on the acceptance or repeal, within a period of thirty days after the promulgation, of a provisional provision of the Government, with the force of law, issued for reasons of extraordinary and urgent need, which it will take …

What can be regulated by decree law?

The decree law can occupy the “position” or regulate matters that the ordinary law would deal with, but never those matters reserved for the organic law (fundamental rights, statutes of autonomy, electoral regime…).

25 related questions found

What can modify a decree law?

Congress can only affirm or deny it, but not modify it, nor ignore it. In practice, the royal decree law has been established not as an emergency resource, but as a way by which the Executive incorporates laws into the system, saving the time it takes to approve a law.

Who controls the decree law?

The authority to issue decree-laws corresponds exclusively to the Government. Specifically, this is provided for in article 5.1 letter c) of Law 50/1997, of November 27, of the Government, which attributes such power to the Council of Ministers, as a collegiate body of the Government.

How valid is a decree?

— The decrees referred to in this law issued by the Executive Power based on the powers conferred by articles 76, 99, subsection 3, and 80 of the National Constitution, are fully valid in accordance with the provisions of article 2 of the Civil Code.

What is the difference between a royal decree and a decree law?

Royal Decree Laws differ from laws in that they are promulgated by the Government and not by Parliament. The difference between them is that the Royal Decree Law is issued by the Government in case of extreme and urgent need. 5.

When can a law be challenged?

Said actions may be exercised within thirty calendar days following the date of publication of the standard. In the case of deputies, they may file against federal laws.

Who can appeal to the Constitutional?

Any natural or legal person who invokes a legitimate interest, as well as the Ombudsman and the Public Prosecutor’s Office are entitled to file an amparo appeal.

Who can appeal a regulation?

Anyone who feels harmed by a regulation has the possibility to challenge it in court. In our system, a jurisdictional control of the legality of the regulations is enshrined in a double way: challenge and exception.

What term do you have to validate or repeal the Royal Decree Law?

4. THE PARLIAMENTARY VALIDATION OF THE DECREE-LAW. The Congress of Deputies must validate or repeal the Decree-Law within a period of thirty days, where appropriate through the Permanent Council, although it can also process it as a bill by the urgent procedure.

When is a royal decree law validated?

Pursuant to article 86, section 2, of the CE, the debate and vote on the validation or repeal of a royal decree-law will take place in plenary session of the chamber or of the permanent deputation, before the thirty days following its adoption have elapsed. promulgation.

What goes first royal decree or decree?

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 power and not from the legislative power.

What is a decree and a law?

In Colombia, according to the General Archive of the Nation, the decree is an administrative act promulgated by the executive power, which has a normative regulatory content without the need to be submitted to the legislative body.

What does a presidential decree require to be valid?

– Within the validity requirements of the decree is that it must comply with the procedure established by law to carry out the expropriation and must also be endorsed by the Secretary of the corresponding branch.

What is a decree in Uruguay?

The decrees of the Departmental Governments with the force of law in their jurisdiction are legislative acts, an expression of the legislative function exercised by the legislative bodies of the Departmental Governments.[1].

Where are the regulations appealed?

Apart from the above and regardless of the control carried out by the ordinary jurisdiction, the regulation can also be challenged before the Constitutional Court, by virtue of the provisions of article 161 of the Spanish Constitution.

How can a regulation be challenged?

There are two channels for challenging the general provisions: the so-called direct appeal, which involves challenging the provision itself, and the indirect appeal, which consists of challenging an act of application of the provision based on its invalidity. .

Who can file a direct appeal?

This contentious-administrative appeal may be used by entities, corporations or institutions governed by public law and by any entity that represents or defends interests of a general or corporate nature, provided that the challenged provision affects them directly.

When can the Constitutional Court be appealed?

An appeal for constitutional protection may be filed for violations of rights and freedoms. These violations must have originated from provisions, legal acts, omissions or simply by way of fact of the Government, Government of the Autonomous Communities or their authorities or officials.

When is the Constitutional Court appealed?

– Constitutional tort appeal.- Against the second-degree resolution that declares the claim unfounded or inadmissible, a constitutional tort appeal can be filed with the Constitutional Court, within a period of ten days counted from the day after the resolution was notified.

Who appoints the members of the Constitutional Court?

According to article 159.1 of the Spanish Constitution, “the Constitutional Court is made up of 12 members appointed by the King; of them, four at the proposal of Congress by a majority of three-fifths of its members; four proposed by the Senate, with the same majority; two at the proposal of the Government, and two at…

Make Sure to Follow Techlyfire for more faq’s related guides.

Leave a Comment