How Spain negotiates, signs and applies international treaties

Automatic summary, not yet reviewed

1. The law regulates three types of international agreements: treaties, international administrative agreements (which carry out a treaty) and non-binding international agreements (political or technical commitments that do not create international obligations).
2. The Council of Ministers authorizes the signing of treaties, approves their provisional application and agrees that Spain be bound by them. The most important treaties also require prior authorization from the Cortes Generales (Spanish Parliament).
3. Anyone representing Spain in a treaty needs full powers signed by the Minister of Foreign Affairs, except the King, the Prime Minister and the Minister himself. The King signs the instruments of ratification and accession.
4. Validly concluded treaties published in the Official State Gazette become part of the domestic legal system and prevail over any domestic rule, except constitutional rules.
5. The Autonomous Communities can ask the Government to open treaty negotiations, be informed about them and join the Spanish delegation. They can also conclude administrative and non-binding agreements in matters within their powers.
6. The law repeals Decree 801/1972, which until now regulated the State's activity on treaties, and enters into force twenty days after its publication in the Official State Gazette.

Who it affects

• The Government and its ministries: The Council of Ministers authorizes and approves treaties; ministries negotiate them and must keep the Foreign Ministry informed.
• The Cortes Generales (Spanish Parliament): They give prior authorization to the most important treaties and are informed about the rest.
• The Autonomous Communities, Ceuta and Melilla, and Local Entities: They can take part in treaty negotiations and conclude administrative and non-binding agreements in their areas of power.
• The Ministry of Foreign Affairs and Cooperation: It holds general authority on treaties, advises, keeps the original texts, and registers and publishes them.

Words worth knowing

Tratado internacional (international treaty)

A written agreement between Spain and other subjects of international law (states or organizations) governed by international law.

Plenipotencia o plenos poderes (full powers)

A document authorizing a person to represent Spain when negotiating or signing a treaty.

Ratificación (ratification)

The act by which Spain, after signing, confirms its commitment to be bound by a treaty.

Denuncia de un tratado (withdrawal from a treaty)

The act by which Spain ends, for itself, the obligations of a treaty.

Reserva (reservation)

A declaration by which Spain excludes or modifies the effect of some parts of a treaty in its application to Spain.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries