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About the Catalonia Legislation Website


Introduction

The Catalonia Legislation Website contains current law in Catalonia and provides a range of information services so that users can view and search updated regulations.

Access by society (the public, companies, the judiciary, government, etc.) to current regulations is one of the basic principles of transparency and democratic quality.

Today this access is only considered to be provided if it is guaranteed by the public authorities through the creation of a public service disseminating current law. Thus the Mandelkern Group on Better Regulation Final Report (European Commission, 2001) expressly states that “The dissemination and public availability of regulation should be considered as a public service” (p. 44) and recommends that “Member States and the Commission should each seek to establish [...] a public service (either free or for a reasonable fee) giving access to the texts of laws and regulations in their jurisdiction” (p. v).

The Catalonia Legislation Website helps to give effect to Act 19/2014, of 29 December, on transparency, access to public information and good governance, by providing information about decisions and actions with legal significance that the Government has to disclose in accordance with the principle of transparency and which among other items has to include (Section 10):

  • Regulations enacted by Government, of which the original versions and, in the case of amended regulations, the consolidated versions must be available;
  • The opinions of the Legal Advisory Board and other advisory bodies.


Likewise, Section 63.2 of the Act lays down that “in order to facilitate understanding of current law, the Government shall prepare consolidated texts of regulations when they have been amended. The consolidated texts are informative and should clearly indicate their nature and which regulations they consolidate.”

The Catalonia Legislation Website has been tasked with this consolidation and dissemination of existing law: Act 11/2011, of 29 December, on restructuring of the public sector to streamline administrative activities, adds an additional provision to Act 2/2007, of 5 June, on the Official Gazette of the Government of Catalonia (DOGC) with the following wording:

“Fifth additional provision. Dissemination of current law in Catalonia
1. The DOGC database shall be used to populate a website called the Catalonia Legislation Website which shall be used to disseminate current law in Catalonia.
2. Such website shall include all the regulations published in the DOGC with statutory and regulatory status, in both the official version published in the DOGC and the consolidated version.”

 

 

Contents of the Website

All regulations with statutory status, decrees and orders published in the Official Gazette of the Government of Catalonia since no. 1 (second period), 5 December 1977, can be viewed on the Legislation Website.

In the case of regulations with statutory status and decrees, in addition to the published text there is also the consolidated text which includes in a single document all amendments (or amendments by other regulations) and corrections made to it over time.

In the case of consolidated texts, the Legislation Website provides access to the judgments of the Constitutional Court published in the Official State Gazette and, in partnership with the Judicial Documentation Centre (CENDOJ) of the General Council of the Judiciary, the judgments of the High Court of Catalonia and the Supreme Court handed down in relation to general provisions with statutory or regulatory status in Catalonia.

At present the consolidated texts of all regulations with statutory status and decrees in Catalonia can be viewed. The consolidation of some orders will be gradually added.

In addition, in the case of regulations with statutory status and decrees, opinions prior to their approval and, in the case of regulations with statutory status, the original bills can also be viewed on the Legislation Website.

All the opinions of the Legal Advisory Board are published on the Catalonia Legislation Website. At present they are available from 2002 and are gradually being added from 1998.

Catalan regulations are supplemented by a selection of consolidated Spanish regulations in Catalan drawn up by the LexCat service in the Ministry of Justice of Catalonia together with a selection of European regulations which are included by reusing the data provided by the EUR-Lex database through a link to its contents (© European Union, 1998-2015).

The consolidated texts on the Catalonia Legislation Website are not official. See Legal considerations concerning consolidated texts.

As for updating content, documents with statutory status and regulations published in the DOGC will be loaded every day. The new relationships (amendments) between regulations are added on the same day or at most on the business day following the publication of the amending regulation. The consequent consolidation of texts is published within two business days, a period that can be extended depending on the complexity of the consolidation.

 

Consolidation principles

Effect of regulations

Article 111-10 of the First Law of the Civil Code of Catalonia (Act 29/2002, of 30 December) added by Act 6/2015, of 13 May, on harmonisation of the Civil Code of Catalonia, establishes that:

  1. The statutes of Catalonia shall enter into force twenty days after their full publication in the Official Gazette of the Government of Catalonia, unless otherwise specified.
  2. The effect of statutes and other regulations ceases when they are repealed by other subsequent ones of equal or higher status which expressly state such abrogation.

Under Article 2 of the Civil Code (Royal Decree of 24 July 1889):

  1. Statutes shall enter into force twenty days after their full publication in the Official State Gazette, unless otherwise provided therein.
  2. Statutes may only be repealed by subsequent statutes. Such repeal shall have the scope expressly provided therein, and shall always extend to any provisions of the new statute on the same matter which are incompatible with the prior statute. Mere abrogation of a statute shall not entail recovery of the force and effect of any provisions repealed thereby.
  3. Statutes shall not have retroactive effect, unless otherwise provided therein.

Article 5 of the Code lays down that:

  1. Unless otherwise provided, for periods stated in number of days, counting from a particular date, the latter shall be excluded from the calculation, which shall begin on the following day; and periods set in number of months or years shall be calculated from date to date. Where on the month of the expiration date there should be no date equivalent to the initial date of the period, the period shall be deemed to expire on the last day of the month.
  2. Calculation of periods according to civil law shall not exclude non-business days.

As for legislative and non-legislative acts adopted by the European Union, under Article 297 of the Treaty on the Functioning of the European Union they shall be published in the Official Journal of the European Union and shall enter into force on the date specified in them or, in the absence thereof, on the twentieth day following that of their publication.

Express and implied repeal

On the Catalonia Legislation Website we only record regulations as  Not in force  when they have been expressly repealed by other regulations or annulled by a court.

We only record implied repeal in an annotation as a general amendment. Where appropriate we state the scope of the implied repeal in a note.

“All provisions inconsistent herewith” repeals

If a regulation is amended by a repeal of the type “All provisions inconsistent herewith are repealed”, we draw up a new consolidated version of the amended regulation and record the repeal in a general amendment. In these cases it should be noted that the text of both versions will be identical, but the general amendment will indicate the reason for the new consolidated version with a different effect.

Regulations do not recover force once they have been repealed

Under Article 2.2 in fine of the Civil Code, mere abrogation of a statute shall not entail recovery of the force and effect of any provisions repealed thereby.

Related regulations: A-B-C relations

These are relationships that occur when a regulation is amended or repealed through the amendment or repeal of an intermediate regulation which had previously amended the first regulation:

Regulation A
Regulation B which amends/repeals regulation A
Regulation C which amends/repeals regulation B, insofar as it had amended/repealed regulation A

The intermediate amending regulation (regulation B) is not taken into consideration for consolidation purposes, though we do record an annotation to it in the shape of a general amendment that relates regulation C with regulation B. In such cases we consolidate the initial regulation (regulation A) and not the intermediate one (regulation B) unless it has its own substantive content.

 

Information services

In addition to viewing regulations there are also basic legal information services including the option to subscribe to a document or a search result so that the user receives an alert in their email inbox whenever the regulation or search result is amended.

Users can also save regulations selected or the parameters of a search in a personal folder so they can easily retrieve them in a new session. To learn more, see Services on the Website.

You must be a registered user of the Catalonia Legislation Website. Register.

 

Reuse of documents and data

Under Act 19/2014, of 29 December, on transparency, access to public information and good governance, documents and data published on the Website may be reused provided their content is not altered or their meaning distorted and the Catalonia Legislation Website is cited as the source along with the date of the last update.

Such reuse is without prejudice to the intellectual or industrial property rights of third parties to certain content as well as in respect of personal data whose processing is subject in all cases to Spain’s Act 15/1999, of 13 December, on personal data protection.

 

European Legislation Identifier (ELI)

Internet uniform resource identifiers make it possible in our case to uniquely identify each regulation in a stable way. The European Union has noted that the process of cooperation within the EU has increased the need to identify and exchange legal information originating from regional and national authorities at the European level. In order to facilitate the further development of interlinked national legislations and to serve legal professionals and citizens in their use of legislation databases, a common system for the identification of legislation and its metadata has been promoted.

The Catalonia Legislation Website is working to introduce this European Legislation Identifier in order to facilitate access to existing law and interoperability with other legal databases.

More information

Council conclusions inviting the introduction of the European Legislation Identifier (ELI)

(2012/C 325/02, DOUE C325 of 26.10.2012).

 

Sponsors of the Catalonia Legislation Website

The Catalonia Legislation Website is a Government of Catalonia initiative. The Secretariat of the Government and the Official Journal and Publications Organisation have set up the Website with the input of the Parliament of Catalonia, the Council for Statutory Guarantees, the Legal Advisory Board, the Ministry of Justice of Catalonia, the Legal Office and the Directorate General for Citizen Services. The project had the support of Spain’s Ministry of Industry, Science and Technology.

The domain of this website, http://portaljuridic.gencat.cat, is owned and managed by:

Entitat Autònoma del Diari Oficial i de Publicacions
Generalitat de Catalunya
NIF S-5800004-C
Av. de Josep Tarradellas, 20, 2a planta
08029 Barcelona
Contact mailbox

 

More information, finding mistakes and suggestions

You can find out about any issues connected with the Catalonia Legislation Website by using our contact form.

The Catalonia Legislation Website provides current law in Catalonia and a range of information services so that users can view and search updated regulation. On the Legislation Website the Official Gazette Independent Organisation consolidates texts with statutory and regulatory status and publishes any amendments to other regulations so that the current versions of applicable regulations and information about them are available at all times.

However, the purposes of the Website do not include replying to specific cases or interpreting these regulations because there may be a variety of factors involved in each case. Since some queries may have implications in various fields, in these cases we recommend that you contact the ministry or organisation with jurisdiction in the matter.

To learn more about the contents of the Legislation Website, how the search engine works, legal information services, etc., please see our FAQs.

If you would like to include a link to the Legislation Website on your website, Facebook page, etc., you can use these banners with the address http://portaljuridic.gencat.cat:

 

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Data d'actualització: 18.02.2016

 

 

Data d'actualització: 23.09.2015