The legal regime is based on current laws.
Regime is that system that establishes and regulates the operation of something. Legal , on the other hand, is that which is linked to law.
With these definitions clear, we can understand what the notion of legal regime refers to. This is the set of laws and regulations to which a certain matter must be subject.
Importance of the legal regime
All activities and behaviors that are regulated by the State are governed by a legal regime. This regime, in short, is given by the legislation in force that is applicable to a certain relationship, situation, business, etc.
If a person decides to start a commercial venture and sell food on public roads, they must know the legal regime in which said activity falls. Thus, you will have to know what rules you have to respect when preparing food, packaging it and making it available to consumers. If you do not respect the legal regime in question, your activity will be outside the law and therefore you can be punished by the authorities.
Failure to respect the legal regime entails different types of sanctions and punishments.
Based on laws
The legal regime is always based on established laws. Its existence, therefore, requires stipulated regulations in full force. When there are no laws on some matter (that is, there is a legal vacuum ), the legal regime is ambiguous and is based on the jurisprudence that is being forged.
Thus, for example, we have to state that the legal regime of the Administration exists, which, therefore, is responsible for regulating through laws and regulations what the actions of the aforementioned Administration are.
The legal regime of the Spanish Administration
In Spain, this aforementioned regime is supported, for example, in Law 50/97 , of November 27 , and in Law 6/97 , in which they are established from the organization of what is the Central Administration to the powers that the council of ministers has through the delegated commissions, the responsibility and powers of State officials, the Secretaries of States...
However, we must not forget Law 40/2015 , which is the so-called Law of the Legal Regime of the Public Sector , achieved after carrying out a pertinent reform, which addresses aspects related to the collegiate bodies of the State Administration, the patrimonial responsibility of Public Administrations, the electronic functioning of the public sector, agreements, the organization of the territorial Administration or consortia and commercial companies.
There are many organizations that see the need to work, respect and determine the guidelines of a specific legal regime. Thus, for example, the Court of Accounts of Spain is established to have as such the Constitution and various organic laws, such as the Functioning of the Court of Accounts , the General Electoral Regime or the Financing of Political Parties . All of them are the ones that will guide this organization, establish its structure and also its scope of work.
Beyond the legal regime, the administration of justice ultimately depends on the interpretation that judges make of the laws that shape the regime.