Spain

Originally compiled by Jill Newell, Collection Development Librarian, Summer 1990.
Updated by Katherine Read, Academic Services, in 2004, 2008 & 2010

Introduction

In comparison to France and Germany, which are two of the more prosperous well-developed stable European countries and have such a wealth of legal literature, there are problems with Spain and these are reflected in the state of the library's holdings for this jurisdiction. Spain is the second largest country in Western Europe, it is also a rapidly developing country and relatively poor, has gone through great political, economic and legal changes in recent years, and continues to do so. Our collection will need to keep up to date and reflect these ongoing reforms.

The majority of the primary resources accessible at IALS are in Spanish. Details are given of the limited English language sources where available.

Information resources on the Internet are less well developed for Spain than for other European countries. Where available, sources are given at the end of the relevant section. Fuller details of these sources can be found by using  Eagle-i

 

Top of page

Primary sources: constitution

Similar to other continental jurisdictions, IALS sources are mainly commercial publications rather than official ones.

Legislación constitucional. Editorial Ariel, 2005-6 (Pedro Cruz Villalón) provides the text of the Constitution accompanied by related legislation.

A Spanish language version  of the constitution is also available on the official website of the 'Senado'.

Blaustein & Flanz. Constitutions of the countries of the World provides an English language version. This looseleaf publication is regularly updated.

A new online resource for material relating to foreign constitutions, started in 2010, is World Constitutions Illustrated. This is a contemporary and historical collection of documents, which is available as part of the IALS subscription to HeinOnline. It is available to all users on siteat IALS. Offsite access is limited to staff and students of IALS, SAS and University of London. It includes consolidated and original texts of the Constitution for different periods in time. It also provides full text links to a range of historical commentaries and articles about the Spanish Constitution, selected by the editors.

 

Top of page

Primary sources: codes and statutes

Spanish law is based mainly on Roman law, and much of the basic law derives from codes which were compiled in the 19th century under the influence of the Napoleonic codes.

The most important codes are the Código Civil (Civil Code); Código Comercio (Commercial Code); Código Penal (Penal Code); Ley de Enjuiciamiento Civil (Law of Civil Procedure) and Ley de Enjuiciamiento Criminal (Law of Criminal Procedure; together with the later Código del Trabajo (Labour Code) and Leyes Civiles Forales (Civil Law of the Provinces).

The most recent editions of the codes we have in the library are those published by Editorial Civitas in their series Biblioteca de Legislación. These unofficial commercially published annotated editions are:-

Código Civil, 32nd ed., 2012
Código de Comercio y leyes complementarias, 36th, 2012
Código Penal, 38th ed. 2012
Legislación sobre enjuiciamiento Civil, 35th ed. 2012

Enjuiciamiento Criminal, 33rd ed. 2012

This collection could be expanded to cover other areas of the law.

Spanish legislation becomes law once it is published in the Boletin Oficial del Estado (Spanish official gazette), which is freely available online in full text from 1995- at http://www.boe.es/g/es/  For legislation added since 1st January 2009, this electronic source is now deemed to be an official and authentic source. For earlier material users still need to consult the printed volumes. These are not held at IALS.

This site offers free access to the following resources. Users can search and retrieve documents free of charge. A subscription is required for access to added editorial commentary. All texts are in Spanish only:

Full text of the Boletin Oficial from 1995-
Archive of historical editions of the Boletin from 1875-1967
Full text of Spanish legislation from 1968-

 

Commercial series: IALS previously subscribed to an authoritative commercial series of legislation: Repertorio Cronológico de Legislación. This series started publication in 1930 and IALS incomplete holdings are from 1975 until 2006. Cumulative indices are also available.

Top of page

Law reports

As with most civil law countries, judicial decisions are not of primary importance. Judicial decisions (sentencias) of the Supreme Court (Tribunal Supremo) collectively called 'jurisprudencia' are not binding decisions although they have some persuasive force. It seems in practice that the commercial series of judicial decisions are more popular than official sources. Judicial decisions of the Supreme Court have been published in the official Gaceta de Madrid (Madrid Gazette), but this has been unwieldy and access is not straightforward. Consequently because of these difficulties the commercial sources have come to be preferred.

The main commercial series of law reports is:

Repertorio de Jurisprudencia, 1930-31 onwards. Editorial Aranzadi, Pamplona

This is a comprehensive collection of judicial decisions of the Supreme Court. The IALS library has this from l980, Volume 47 until 2006 (vols. 1-6). It contains the majority of all public international law cases.

 

Repertorio Aranzadi del Tribunal Constitucional, (Decisions of the Constitutional Court) l981 onwards. Editorial Aranzadi, Pamplona (not held at IALS)

The Constitutional Court (Tribunal Constitucional) has nationwide jurisdiction over issues relating to the Constitution and is not part of the judicial branch. Decisions of the Constitutional Court set binding precedent as interpretations of the Constitution. IALS does not subscribe but these decisions from 1980 onwards can be searched within the BOE website at http://www.boe.es/g/es/iberlex/bases_datos/tc.php

Further sources of decisions include:

Revista de la Corte Española de Arbitraje (Journal of the Spanish Arbitration Court) 1984 onwards (not held at IALS)

This contains published decisions of international arbitration.

Revista Española de derecho international, 1945 onwards (held at IALS)

This contains extracts and notes of public international law cases (as reported in the Repertorio de Jurisprudencia) but not full reports.

 

Journals

The library holds a selection of Spanish legal periodicals, including all the older well-established titles. A list of the current titles only follows with an indication of our holdings:

Anuario de Derecho Civil. l948, Volume 1 onwards
Revista Española de Derecho Constitucional. 1999, Vol. 19 (55) onwards

Revista Española de Derecho Internacional. 1948 onwards
Revista Jurídica de Cataluña, 1950 onwards
Revista Jurídica de Cataluña, Jurisprudencia.1971 onwards

Spanish Yearbook of International Law 1991 onwards

It is also worth noting the Revue Européenne de Droit Public/ European Review of Public Law, (held at IALS from 1999 onwards).  This is the first multi-national and multi-lingual review intended to promote the knowledge of the public law of each European country to fellow members of the Community. What looks particularly interesting in this context are the annotated bibliographies for member countries.

 

 

Top of page

Treatises

IALS undertook a review of Spanish book collections in 2007. The following selection is a representative sample. Please consult the catalogue for further texts.

Administrative law:

Manual de Derecho Administrativo - Tomo 1.  Luis M. Cosculluela Montaner.  Civitas 2006

Constitutional law:

La Reforma de la Justicia Constitucional.  Juan Fernando López Aguilar. Thomson Aranzadi 2006

Criminal law :

         Enjuiciamiento Criminal  Aranzadi Civitas   30th ed. 2009

 

Family law:

Comentarios a las Reformas de Derecho de Familia de 2005. José Ramón De Verda y Beamonte. Aranzadi 2006

Intellectual property:

Comentarios a la Ley de la Propriedad IntelectualReal Decreto Legislativo 1/1996, de 12 abril . J. Miguel Rodríguez  et al.  Civitas 2007

Labour / employment law:

Comentario a la reforma laboral de 2006: Ley 43/2006, de 29 Diciembre. Alfredo Montoya Melgar et al. Civitas 2007

 

Top of page

English language works on Spanish law

Always a popular demand, it has begun in earnest since the accession of Spain to the EC in 1986. At first there was very little in English, and inevitably such publications tended to be monographs of the 'doing business with Spain' variety, but more recently the field is beginning to open up to other subjects.

The following publications are in the library:

Jiménez Piernas, Carlos. The legal practice in international law and European Community law. A Spanish perspective. 2007
Spanish corporation tax legislation. Kluwer, 2000
Spanish corporation law & limited company liability law. Kluwer, 1996
Merino-Blanco, E. Spanish law and the legal system. Sweet & Maxwell, 2nd ed., 2006

Rodriguez de las Heras Bellai, T. Introduction to Spanish private law; facing the social and economic challenges. Routledge-Cavendish 2010

Romañach, J. Civil code of Spain  (as of August 1994).
Villiers, Charlotte The Spanish legal tradition. Ashgate 1999

It is worthwhile browsing the shelves as some general comparative texts include a chapter on Spain. Sections on Spain can be found in the following works, all of which are in the library:

Bona, M. & Mead, P. Personal injury compensation in Europe: a comparative study. 2003

Dabbah, M. & Lasok, P. ed. Merger control worldwide. 2005

Maitland-Walker, J. ed. Competition laws of Europe. 2nd ed. 2003

Simmons & Simmons. Encylopedia of European  telecommunications laws. 2000

Zimmermann, Klaus F. European migration. 2005


 

 

Top of page

Resource guides

Cabrero, Olga. Guide to legal research in Spain. Published on the GlobaLex web site 2005

Eagle - i    An Internet Portal for Law, provides quality web sites which have been evaluated according to a set of agreed criteria. It is currently being developed by the Institute of Advanced Legal Studies as a valuable successor to the legal branch of Intute.

Kim-Prieto, Dennis. A brief guide to select databases for Spanish speaking jurisdictions.  Published on the GlobaLex web site 2007

Recursos Internet en Derecho. A Spanish language site giving full text access to legal materials.

The Spanish section of WorldLII, the law index and search service maintained by the Australasian Legal Information Institute, allows the browsing and searching of selected sites containing Spanish primary legal materials.

Another useful resource is the FLAG Foreign law Guide (Search on Spain to discover which UK research and national libraries hold materials on Spanish law).

 

Top of page