Regime It is that system that establishes and regulates the operation of something. Legal, for its part, is that which is linked to the law.
With these definitions clear, we can understand what the notion of legal regime. It is the set of laws Y normative to which a certain matter must be subjected.
All activities and behaviors that are regulated by the Condition They are governed by a legal regime. This regime, in short, is given by the legislation in force that is applicable to a certain link, situation, business, etc.
Yes one person You decide to start a commercial venture and sell food on public roads, you must know what is the legal regime in which this activity is framed. This way you will have to know what rules you have to respect in the preparation of food, packaging and its disposal before consumers. If you do not respect the legal regime in question, your activity will be outside the law and therefore you can be punished by the authorities.
The legal regime is always based on established laws. Its existence, therefore, requires stipulated regulations and in full force. When there are no laws on any matter (that is, there is a legal void), the legal regime is ambiguous and is based on the jurisprudence that is being forged.
Thus, for example, we have to state that there is the legal regime of the Administration, which, therefore, is the one in charge of regulating through laws and regulations what is the performance of the aforementioned Administration.
In Spain, this aforementioned regime is supported, for example, in Law 50/97, of November 27, and in Law 6/97, in which they are established from the organization of what is the central Administration to the powers that the Council of Ministers has through the delegated commissions, the responsibility and powers of State officials, State secretaries …
However, we must not forget Law 40/2015 which is the so-called Law of Legal Regime of the Public Sector, achieved after carrying out a pertinent reform, which addresses aspects related to the collegiate bodies of the State Administration, the patrimonial responsibility of the Public Administrations, the electronic functioning of the public sector, the agreements, the organization of the territorial Administration or the consortia and mercantile companies.
Many are the organizations that are forced to work, respect and determine the guidelines of a specific legal regime. Thus, for example, the Court of Accounts of Spain establishes that it has as such the Constitution and various organic laws, such as the Functioning of the Court of Accounts, the General Electoral Regime or the Financing of Political Parties. All of them are the ones that will guide this body, establish its structure and also its scope of work.
Beyond the legal regime, the administration of the Justice it ultimately depends on the interpretation that judges make of the laws that shape the regime.