Guide to Doing Business in Asturias 2024
Spain is a member of the European Union, meaning that there are certain matters in which it has transferred powers (such as in matters of consumption, public procurement or public aid, inter alia) and which will be directly or indirectly, totally or partially, regulated by EU decisions in order to promote and guarantee the single internal market and the free movement of people and goods. The consequence thereof is that certain aspects of Spanish economic and legal business are similar and even the same as in the rest of the Member States of the Union, fostering regulatory homogeneity that provides greater legal certainty to economic operators.
Furthermore, under its Constitution, Spain has a unique administrative organisation in which there are, apart from the instrumental Administration, three territorial levels with their respective powers. These levels are the following:
State
The Spanish State has exclusive jurisdiction in certain matters, which ensure equality in certain basic conditions throughout Spanish territory such as, inter alia:
In order to exercise its powers throughout Spanish territory, it has Government Delegations in each of the provinces, with the Asturias Delegation being located in Oviedo.
Autonomous Communities: Asturias
Spain is organised into 17 autonomous communities which have their own governments (executive branch) and regional parliaments (legislative branch), and two autonomous cities (Ceuta and Melilla).
The Spanish Constitution provides that certain powers may be assumed by the autonomous communities themselves, which will be reflected in each case in the regulation on the creation and organisation of each of them, which is regarded as an organic law, and is called the statute of autonomy.
The Principality of Asturias has assumed, through its Statute of Autonomy, competence in certain relevant areas, including the following which are worthy of special mention:
However, there are other matters in which, for the time being, it has not assumed powers and so state legislation applies, such as in the field of public procurement or the environment.
Local entities, City/Town Councils
The third level of the territorial Administration is the Local Entities2, amongst which it is worth highlighting the City/Town Councils.
These Administrations have competences and powers to regulate and organise day-to-day life in the municipal areas, with the most important matters in terms of their action being town planning and the regulation of the establishment of activities in the municipality (see section Town planning regulations and reference to other permits for the liability of certain assets and/or rights), which must be taken into account when opening offices, branches or facilities in the Asturian territory.
Public Promotion Instruments
Public Promotion Instruments are different types of bodies created by territorial Public Administrations for the performance of specific duties.
In Asturias they are especially relevant as there are organisations and entities that may be of interest to those who wish to establish their activity in this territory.
In this regard, we can highlight the already mentioned: (i) the SEKUENS Agency, the executor of economic development and progress policies in the field of research, technological development and innovation of the Principality; and the (ii) Regional Society for the Promotion of the Principality of Asturias (SRP) which is dedicated to financing investment projects carried out by Asturian companies.
(2) Law 7/1985 of 2 April Regulating the Rules for the Local Regime.