Catalan legal system

Legal Issues in Spain or Legal Problems in Catalonia, Spain…Can manifest in just about every part of everyday life. For example before you get to Spain you may wish to seek advice on:

Residency issues and NIE matters - With its reputation as one of the 10 top destinations in the World in which to live and work, Spain offers many opportunities – seek legal advce in all aspects of legally easing yourself into the Spanish employment and social systems – contact www.solicitorsnspain.ie .

There are two distinct types of immigration regulations for foreigners entering Spain;

Regulations that apply to EU citizens:

Foreign nationals from other EU Member States, the European Economic Area or Switzerland and subject to the European Community regime, do not need to obtain an employee or self-employed work authorization, and have the same labour rights as Spanish citizens.

These citizens can live in Spain for a period of up to three months – along with certain members of their family without the requirement of a residence card, as long as they possess a valid identity card or passport. To reside in Spain for more than 3 months EU citizens must apply for a EU Citizen Certificate. Relatives of EU citizens that are not nationals of EU Countries still have to apply for EU citizens’ family card.

General immigration regulations apply to other cases:

Foreigners not qualifying for the European Community regime require authorization to live and work in Spain, as well as a special work visa. It is beneficial to contact the Spanish Embassy in your own country to clarify the conditions applicable to your situation PRIOR to entering Spain

One of the first requirements in Spain is to obtain your NIE – (Numero Indentidad Extranjero – a foreigners tax ID number) a document which will have your unique reference number on it and is required for even the most basic aspects of living in Spain, such as leasing or purchasing a property, obtaining a water or electricity supply etc. To do this you need to attend in person the local Oficina de Extranjeros – Foreigners office or to the local police department in the area where you intend to live – Comisaría General de Extranjería y Documentación de la Policía, having completed the appropriate application form and provided copies of your passport and/or entry Visa etc. Alternatively your NIE application can be made at the Spanish Consulate / Spanish Embassy in your home country, or you can grant a power of attorney (poder) to a third party to deal with this issue for you.

NIE application can be found here (in Spanish). – It can take up to 60 days to receive this document, although in general it is delivered in under 30 days.

Employment contracts

Labour and Work issues can be extremely diverse, so if you feel that your working conditions or contract is being compromised- contact a lawyer,

The following information is intended as a guideline only, always seek legal advice. To work in Spain legally, you should possess the relevant residency criterion, which will differ according to your origin:

EU Nationals – can enter Spain and register with the Instituto Nacional de Empleo (labour Office) or regional labour agency to find work – you have 90 days in which to do this. If you find work you have to apply for your Residence card.
Non EU Nationals – To enter Spain a Visa and valid passport are required, in addition a contract or offer of work in Spain – in the form of a pre contract signed by both parties or letter from the prospective employer. Once in Spain the non EU national would be required to obtain a residency permit.

Employment contracts will invariably be in Spanish and should:

Details of employer and employee
Length of contract with specific commencement date
Description of working conditions
- Place of employment
- Hours
- Rate of pay
- Type of contract
- Professional capacity
- Whether there is a trial period
- Holiday allowance
- Dismissal policy
- possibility to renegotiate new contract
Both parties receive a copy of the contract.

Working conditions vary but basic rights include:

A standard working week of 40 hours, although this can vary according to occupation
Standard weekly rest period should be one and a half days ( 2 days for minors) - although this varies according to occupation
Standard day is said to be 9 hours with a minimum period of rest between working days of 12 hours
Horas extraordinarias (overtime), banned for minors and restricted by law to 80 hours annually unless otherwise negiotiated under the collective bargaining procedure where the workers are compensated by a prescribed means – time off in lieu or financial compensation.
National holidays – 14 days annually – two off these are local fiestas.
Vacations – dependent upon what is prescribed by the collective bargaining of the profession this is stated as 30 paid days annually.
Salaries are paid monthly – generally with two extra payments in June and December.

Property issues – purchasing or renting.

Tax and Accountancy Issues are complicated…

In ones mother tongue and even more so in a ‘foreign‘ languages. It is crucially important that you can communicate with your gestor (accountant) in order to benefit fully and be in a position to guide your business through the minefield that is tax and accountancy.

One matter that you may discover is the payment system to the gestor in Spain is very different from what you may have been used to. In general gestors will debit your bank account on a monthly basis and you should budget at least 250 euros per month for this service.

The gestor will provide you with a contract for the services provided – you will need to confirm that you are in accord and then agree the contract. The gestor then proceeds upon your instruction to deal with your three monthly IVA returns (VAT / TVA), all issues concerning employees and taxes paid for social contributions for you and / or any employees.

The gestor will be responsible for all your statutory books and forms and of course the end of year accounts that have to be filed within 6 months of the end of the trading year.

Once in Spain you may need assistance with:

Purchasing a property
Residency

Wills, Inheritance & Family Issues – complex matters, seek guidance -

Family law, inheritance law and Wills are a complex area of Spanish law and require professional guidance to ensure that you protect the rights of you and your family and protect your assets for your family and beneficiaries. You may feel that your Will made in a country outside of Spain will suffice for inheritance issues, but it is highly recommended to make a Spanish Will to cover any property or assets you have in Spain. Wills can take three formats and can be made by any person over the age of 14 years providing they have the mental capacity to prepare such a document:

Holographic
- Entirely handwritten by testator and signed and dated on each page
- Verified as the genuine article before a Judge with the testaments of the two closest relatives testifying the handwriting as genuinely that of the testator
- Once verified a Judge will allow the enforcement of the Will.
Open Will
- The more usual format for a Will in Spain
- This is made before a Notary who keeps the original and sends a notification to the Registro Central de Última Voluntad (Central Registry for Spanish Wills).
- In certain circumstances the Notary may request the presence of two witnesses.
Closed Will
- This is where you keep the provisions of your estate secret
- You will require to attend the Notary who will ask whether you have written the Will yourself or whether it was prepared for you by a third party
- The Notary will ask of you whether the Will has been signed by you or a third person on your behalf
- The Notary will seal the envelope and file it and notify the Registro Central de Última Voluntad (Central Registry for Spanish Wills).
- There are limitations to those people who are entitled to make Closed Wills.
Revocations & Changes
- Wills can always be revoked or amended – this can be carried out in the same manner in which they were made
- The person should be in the same mental capacity as for making a Will
- Should there be more than one Will, the last Will made would be valid (provisions as above apply)

Motoring issues
Family or personal issues

Employment issues, starting business: - Our Specialised services include:

Hostelry
- Hotels in Spain – you may be considering purchasing a hotel in Spain, you may need advice on registering for VAT (IVA) in Spain, or registering for tax in Spain, property law Spain, employment law in Spain. You may want to sell a hotel in Spain and need advice on tax savings in Spain
- Restaurants in Spain – you may want to buy a restaurant in Spain, rent a restaurant in Spain and may need legal advice on property leases in Spain, or buying a commercial property in Spain, similarly you may need advice on labour law in Spain to ensure you have the correct contracts for your staff. You may need legal advice on selling a restaurant in Spain or closing a business in Spain, Barcelona Biz company have a qualified panel of experts to assist you
- Bars in Spain - you may want to buy a bar in Spain, rent a bar in Spain, or sell a bar in Spain, you may need legal advice on taking out a mortgage in Spain, commercial loan in Spain and on tax obligations in Spain, commercial legal obligations in Spain
Commerce - setting up a commercial outlet in Spain, a home based business in Spain
- Wholesale in Spain, you may need advice to buy a factory in Spain, rent a factory in Spain,
- Retail in Spain, whether on a small or lange scale you may need a solicitor in Spain to advise on commercial property law,or advise upon commercial leases in Spain, you may wish to buy a shop in Spain, rent a locale in Spain, you may need a solicitor in Spain for commercial issues, to ensure the property is fit for purpose under local regulation. Barcelona Biz Company can assist in all issues with commercial and retail business in Spain.
- IT Business Spain-you may need advice on copyright law in Spain, intellectual property law in Spain, data protection laws in Spain, you may need legal advice on registering domain names in Spain, register a dot cat domain or register a dot es domain or register a dot com domain.
Tourism – in Spain there are strict laws governing tourism and you may need legal advice for tourism business in Spain, licences for tourism are as a rule required for all property that is let for tourism purposes.
- Camping – You may require legal advice regarding health and safety issues, labour laws, tourism licence, solicitors in Spain can assist you in all aspects of your project.
- Golf Based Tourism – you may require solicitors in Spain to advise upon the legality of a proposed project or to oversee any grant funding application.
- Fishing Based tourism - in addition to your tourism licence you will require permits to fish and to enable your guests to fish – Solicitors in Spain can assist you.
- Organised Group Tourism – you may wish to share your knowledge of a region in Spain, offering accommodation and your insight into Spain, you may need advice from a qualified solicitor in Spain on the legal obligations you may have or you may require assistance with the possibility of grant assistance for tourism enterprises in Spain.
Professional Services Spain – Spain is now party to the new EU convention of Harmonisation and recognition of professional qualifications and prior to any move to Live and Work in Spain it may be prudent to speak with your own professional organisation in your home country having regard to the ‘DIRECTIVE 2005/36/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 7 September 2005 on the recognition of professional qualifications’ and how this may or may not affect your status. A solicitor in Spain will be able to assist with the law in respect of professional employment law in Spain.

Civil disputes, neighbours, rights of way etc

The Law can be daunting in your own mother tongue,

But even more so in a ‘foreign tongue’ therefore if you find yourself involved in a dispute it is imperative to obtain good legal advice that you can understand. Judicial Power in Spain is regulated and according to arts 117.1 and art 1.LOPJ justice is administered only by judges and magistrates – the exercise of judicial authority in any type of action is vested exclusively in courts and tribunals as laid down by the law. For jurisdictional purposes Spain and Territories of Spain are divided into:

Municipos (Municipalities)
- Where there is no Juzgados de Primera Instancia e Instruccion (First instance and Examination Court), there are Juzgados de Paz (Justice of the Peace) whose status, function and limitation is defines at art. 99 et seq.. LOPJ
Partidos Judiciales (Judicial Districts)
- Juzgados de Primera Instancia e Instruccion (First instance and Examination Court),
- Juzgados de lo Penal (Criminal Courts)
- Juzgados de lo Contenciosa-administrativo ( Judicial review of administrative acts)
- Juzgados de lo Social (Employment Courts)
- Juzgados de Menores (Juvenile Courts)
- Juzgados de Vigilancia penitenciaria (Prison Security Courts)
Provincias (Provinces)
- Provinces eash have a Provincial Court
Comunidades Autonomas ( Autonomous Communities)
- Autonomous Communities each have a High Court of Justice
Spain incl. Spanish Territory
- Tribunal Supremo (Supreme Court – Court of Last Resort)
- Audencia Nacional (National Court – Court of Appeal)

Those territorial districts have a variety of courts and tribunals that are organised to deal with subject matter in four distinct categories

Civil Courts for civil or commercial issues
Criminal Courts for alleged violations of the criminal code
Social Courts for employment and social security issues
Administrative Courts – deals with claims based on alleged acts carried out by a public administration.

Obtain sound legal advice -contact www.solictorsinspain.ie -or email info@solicitorsinspain.ie

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