Decree-laws versus parliamentary legislation: Notes on the use of emergency legislation

Abstract

This paper seeks to think about how emergency legislation has been used by the Spanish Government during the first year after taking office (X Legislatura) to the detriment of parliamentary Legislation to deal with the current economic crisis. Under these circumstances, the practice shows that Executives choose to issue Decree-laws in lieu of bills. This article examines Government’s tools in order to provide immediate normative provisions when it is required because of exceptional or unforeseen circumstances. Thus, it analyzes main distinctive features of the Decree-law in light of the Constitutional Court’s case law. From this perspective, the author suggests the use of the Act passed through abbreviated legislative procedures as alternative to the excessive use of the emergency legislation.