If you follow the news in Spain, you will often hear terms like “real decreto ley” or “proyecto de ley”. They sound similar, they are all legal jargon, but they are not the same thing.
Here is a guide to what they mean and how they work.
Legal jargon in Spain: The basics
Under the Spanish Constitution, the government can create laws in a few different ways. The three main ones you will hear about are:
- Real decreto ley
- Real decreto legislativo
- Proyecto de ley
Each one follows a different process.
What is a real decreto ley?
A real decreto ley is used in urgent situations.
The government can approve it quickly when there is what is described as “extraordinary and urgent need”. It comes into force immediately after being published in the official gazette (BOE).
However, there is a catch.
Within 30 days, the Congress of Deputies must vote on it. They can either:
- Approve it (convalidate it)
- Reject it (derogate it)
If it is rejected, it stops being valid straight away, although anything that already happened under it still counts.
There are also limits. A real decreto ley cannot change fundamental rights, the structure of the State, or electoral law.
What is a real decreto legislativo?
A real decreto legislativo is different because the government is not acting on its own.
In this case, Parliament gives the government permission to create a law on a specific topic. This is known as legislative delegation.
The government then drafts the law, but it must stick to the limits set by Parliament.
Once approved, it has the force of law and does not need to go back to Congress for approval, because the authority was already granted.
What is a proyecto de ley?
A proyecto de ley is the standard route for making laws.
The government prepares a draft law and approves it in the Council of Ministers. After that, it goes through the full parliamentary process:
- Debate
- Amendments
- Votes in both chambers
Only after this process does it become a law.
Key differences made simple
- A real decreto ley is fast and used in emergencies, but must be approved by Congress within 30 days.
- A real decreto legislativo is created by the government, but only because Parliament has given it permission.
- A proyecto de ley is the normal, slower process that goes through full parliamentary debate.
Why it matters
You will often see real decreto leyes used during crises, such as economic measures or urgent reforms.
For everyday legislation, proyectos de ley are far more common.
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