THE EU LEVERAGE: THE EU LAW RECEPTION IN THE SPANISH LEGAL SYSTEM

Abstract

The EU modifies the national legal system of the member states. Before the adhesion, a candidate state is required to accept some values, to adopt the Market Economy and to adapt its legal system to a democratic rule of law. After the adhesion to the EU, the member states must include into their national legal systems the measures adopted in Brussels. Besides, they have a time limit to do it, if they don’t want to be fined by the European Executive. Usually, those new rules are intended to improve the citizens’ lives. Apart from the principle of primacy of Union law, it is necessary to include such criteria in national legal system. The tendency is to unify the 27 legal systems, at least in those areas which are exclusive competences of the Union, but also in those other which are shared with the member states. Step by step, the EU is becoming a political union and not only a common market. The enlargement of the Union to other countries is an evolving, living process to engage more and more countries, although there are several levels of partnership. This study will be focused on the reception of the EU Law in the Spanish legal system in the last five years, analysing how the outbreak of the pandemic affected this process. Finally, the author analyses the “Puigdemont case”, related to the European Detention Order against the former regional President of Catalonia