INTERRELATING LEGISLATION AND CASE LAW THE SPANISH MODEL

• Spain follows Civil Law tradition: case law is not a source of

• In Spain, dissemination of legislation and case law are the responsability of

• The purpose of both entities is different, but complementary : • Official

CONSOLIDATED LEGISLATION ENRICHED WITH CASE LAW Official State Bulletin Agency www. boe. es

CASE LAW ENRICHED WITH LEGISLATION Centre for Judicial Documentation http: //www. poderjudicial. es/search/index. AN.

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INTERRELATING LEGISLATION AND CASE LAW: THE SPANISH MODEL Challenges of the digital age: better access to legal information for EU citizens

• Spain follows Civil Law tradition: case law is not a source of the Spanish legal system Civil Code: “Case law complements the legal system with the doctrine which is repeatedly established by the Supreme Court when interpreting and applying the law” • For understanding legislation, we need to know not only what the law says (law on the books) but also what the Court says (law in action). • A useful and good dissemination of law requires the addition of information about case law.

• In Spain, dissemination of legislation and case law are the responsability of two diferent public entities: • The Official State Bulletin Agency (BOE) that is in charge of the Spanish Official Gazette, the legislative data bases and the consolidated legislation (executive branch) • The Centre for Judicial Documentation (CENDOJ) that is in charge of collecting and treating case law for judges and for citizens (judicial branch) • An agreement for the joint use of their databases has been signed, in order to offer new added value services that integrate consolidated legislation and case law.

• The purpose of both entities is different, but complementary : • Official State Bulletin Agency (BOE) gives every single piece of legislation. • Centre for Judicial Documentation(CENDOJ) gives a selection of relevant case law about most queried legislation. • The system is based on daily exchange of xml file • The xml file tags allow the establishment of hyperlinks to the other entity database. • The users can access the other entity information without the need to make a specific search.

CONSOLIDATED LEGISLATION ENRICHED WITH CASE LAW Official State Bulletin Agency www. boe. es