Real Decreto (Spain)

A Real Decreto ( Royal Decree ) is a form of legal act issued by the (central) government or the Prime Minister in the Spanish legal system .

A characteristic of the Reales Decretos is that they are either decided by the Prime Minister alone or by the government as a whole and executed by the King. They are countersigned by the prime minister or ministers and published in the Boletín Oficial del Estado . The only exception is the dissolution of parliament and the convening of new elections in accordance with Article 99 of the Constitution in the event that the election of a Prime Minister does not take place. This legal act is also issued in the form of a Real Decreto , which is countersigned by the President of the Chamber of Deputies .

Otherwise, a legal act in the form of a Real Decreto is issued if this is provided for by the constitution or by law.

A Real Decreto can have a general regulation as its object as well as the regulation of an individual case. In the first case it corresponds to an ordinance under German law , in the second case to an administrative act . Examples of the latter are in particular the appointment of senior officials, judges, soldiers and other officials for whom the relevant laws provide for the form of the Real Decreto , or pardons .

Corresponding legal acts of the governments or prime ministers of the autonomous communities (regions) are not executed by the king and are called Decreto .

Real decrees are ranked below the laws. This is where they differ from the Real Decreto Legislativo and the Real Decreto-ley , which are also legislative acts of the central government, but which have the same rank as the laws passed by parliament.