does not constitute / have the status of basic legislation [with optional TN]
This concept is really peculiar to Spanish constitutional arrangements. The term normally employed by those who discuss the issues in English, in relation to Spain, is the literal "basic". However, I think that if you simply "of a basic nature", people not very familiar with Spanish law will not catch the specific sense of "básico", which is why I have suggest the formulation above, using the whole term "basic legislation".
The term "legislación básica" is used in the Spanish constitution, specifically in Article 149 itself:
"1. El Estado tiene competencia exclusiva sobre las siguientes materias:
17.ª Legislación básica y régimen económico de la Seguridad Social, sin perjuicio de la ejecución de sus servicios por las Comunidades Autónomas. [...]
23.ª Legislación básica sobre protección del medio ambiente, sin perjuicio de las facultades de las Comunidades Autónomas de establecer normas adicionales de protección. La legislación básica sobre montes, aprovechamientos forestales y vías pecuarias."
The official English translation, on the Tribunal Constitucional website, calls this "basic legislation":
"xvii) basic legislation and financial system of the Social Security, without prejudice to the implementation of its services by the Autonomous Communities; [...]
xxiii) basic legislation on environmental protection, without prejudice to the powers of the Autonomous Communities to establish additional protective measures; basic legislation on woodlands, forestry, and livestock trails;"
"Leyes de base" is translated as "basic laws", for example in Article 83.
This doesn't of itself mean that we must use the word "basic", but I think it's an argument in favour.
The point, as these sections of Article 149 make clear, is that "basic" legislation is national state law whose regulatory implementation is left to the autonomous communities. This point is made in the following OECD report on Spanish government:
"In many other areas central government remains as a general policy-maker, setting the basis for the action of other administrations and ensuring that certain minimum standards are met and some degree of co-ordination is attained. Implementation is then left to the regions and, as the case may be, to municipalities. In a large number of matters central institutions issue basic legislation which is then developed by the regions into their own set of laws and regulations, going far beyond mere implementation of national mandates. This is the case in areas such as environmental policy, land use and physical planning, forestry, transportation, cultural heritage and economic development."
http://www.oecd.org/governance/budgeting/1902255.pdf (p. 391 ).
"18.104.22.168 Basic laws (leyes de base) [...]
22.214.171.124 Framework laws (leyes marco) [...]
These laws are of similar rank to ordinary laws. As a kind of basic law, they outline the objectives and principles underlining legislation on matters which the state is willing to delegate or transfer to the autonomous communities (126.96.36.199).
188.8.131.52 Basic legislation (legislación básica)
Basic legislation is comparable to the framework laws and refers to areas of competence shared between the state and the autonomous communities (7.7.2)."
Michael T. Newton, Institutions of Modern Spain: A Political and Economic Guide, 65
"The regulation of industrial pollution falls under the competence of the central state for 'basic legislation' (legislación básica) on environmental protection pursuant to Art. 149 (1) no. 23 CE. [...] The concept of basic legislation is a peculiarity of the Spanish Constitution. It is based on the idea that, in certain policy areas, the central government regulates the basic aspects in the national interest while the autonomous communities specify and complement the national law from a regional perspective."
Eherhard Bohne, The Quest for Environmental Regulatory Integration in the European Union, 337.
This is such a specific concept that I feel the well-established term "basic legislation" should be used. However, since this term can mean different things in different countries, I would be rather inclined to add a translator's note the first time it appears, saying something like: "Basic legislation, in Spain, is national law whose regulatory implementation is left to the discretion of the autonomous communities."
| Charles Davis|
Local time: 15:31
Works in field
Native speaker of: English
PRO pts in category: 268