Please note below the official link from the Spanish Health Ministery to check the latest news regarding the pandemic situation in Spain:

https://www.mscbs.gob.es

Feel free to contact us to check whether what you are intended to do is permitted while Spain is in lockdown, or it is required to wait longer (i.e. travel, business, work, studies, applications, procurement, etc.)

Keep well and safe!

PENA FRAGA LAW FIRM

Due to the UK leaving the EU, there is now a transition period until the 31st of December 2020 while the new regulations and agreements are been negotiated. The current european binding rules remain valid (i.e. migration, residency, employment, free trade and competition, driving, etc).

New rules for living, working, travelling and doing business are to be observed from the 1st of January 2021 onwards between the UK and the EU.

Keep up-to-date:

https://www.gov.uk/transition

 

 

In Spain, the VAT (value-added tax) or Impuesto sobre el Valor Añadido (IVA) is classified in four stages:

  • General: 21% on all goods and services by default (electronic devices, legal assistance, clothing, hairdressing, etc.)
  • Reducido: 10% on transport, cultural events, hotels and restaurants, sanitary products, non-basic foods, rubbish collection.
  • Superreducido: 4% on essential foods, medicine, books, disability equipment.
  • No IVA: some services are VAT exempt such as health assistance, insurance, education, social and community services.

We are proud to announce that Pena Fraga Law Firm has been selected to participate in the Second Edition of the Multilateral Exchange of Lawyers (LAWYEREX), project driven by the European Lawyers Foundation and supported by the Justice Programme of the European Union.

 

Check out more: https://elf-fae.eu/lawyerex/

The Spanish Immigration Law grants the right to foreign citizens to reunite their relatives in Spain.

Those who have been living in Spain for at least one year or hold a long-term residence permission are eligible to apply. Please note that European residents can apply without a minimum term of stay.

Alongside the submission of an application form, the following support documentation is to be enclosed: evidence of family relation ties, passport copy, proof of employment or income and adequate housing, sworn monogamy statement in case of bringing a spouse or partner.

Family members entering in the country should bring a valid original passport and documentation that certifies the family relationship as required, not have criminal records, and also show a favourable medical condition according to the applicable regulations.

You can contact PENA FRAGA LAW FIRM to get further details and start your application:

 

Every action taken by the European Union (EU) is legally founded on its treaties. Those are binding agreements reached amongst all EU Member Countries which determine the EU objectives and the duties allocated for every EU body, as well as decide how decisions are to be made and the binding relationship between the EU and its Estate Members is to be governed. The EU treaties are amended from time to time in order to improve and give further responsibilities to the EU institutions and, when appropriate, to allow new prospective countries to join the EU. Treaties are known as primary law.

The basis of Law resulting from the application of the principles and aims set out in the treaties is known as secondary law and includes different types of legal tools such as regulations, directives, decisions, recommendations and opinions.

 

The Spanish jurisdiction is divided in four fields: civil courts, criminal courts, courts for contentious administrative proceedings, and social courts.

  • The cornerstone of the civil courts is the Court of First Instance (Juzgado de Primera Instancia), which hears civil disputes at first instance and proceedings not expressly assigned to another court. The civil division includes the Family Courts (Juzgados de Familia), which are Courts of First Instance.  Where criminal proceedings are brought against one of the parties in a Court dealing with Violence Against Women (Juzgado de Violencia sobre la Mujer), that court will also have jurisdiction over these civil proceedings. The civil division also includes the specialised Commercial Courts (Juzgados de lo Mercantil) and EU Trade Mark Courts (Juzgados de Marca Comunitaria).
  • The criminal courts (Juzgados de lo Penal) are responsible for hearing any type of offences from misdemeanors to felonies.
  • The contentious administrative courts (Juzgados de lo Contencioso-Administrativo) oversee the legality of actions taken by public authorities and hear the claims filed against them.
  • The Social Courts (Juzgados de lo Social) are responsible for hearing cases dealing with employment law and national security.

 

The Arras contract contains the initial terms of a property purchase agreement. When the buyer signs, they usually pay a percentage (circa 5%-10% though subject to negotiation) of the purchase price as a deposit, thus the buyer should be ready to acquire the property at a later stage.

If it is finally decided not to buy, that upfront payment cannot be recovered. If the seller wants to back out after the arras contract is signed, they must pay double the deposit.

The purpose of this agreement is to bind both parties to the final deal and book the property in the buyer’s name since the seller cannot sell the property back to anyone else, unless the previously-outlined penalty is paid.

You can find out more no-commitment advice by contacting PENA FRAGA LAW FIRM below.

The apostille procedure consists of certifying a public document (e.g. judicial or admin docs) by the country who has issued it and is part of the XII Hague Convention of 5th October 1961. Every country shall legalise the document by attaching a stamped official certificate (an ‘apostille’) to confirm that the signature, stamp, or seal is officially valid.

Therefore, duly certified documents issued by a country member of the Convention shall be automatically recognised in any other Convention territory without further bureaucratic requirements.

You can check the contracting countries to this Convention by clicking the link below:

https://www.hcch.net/en/instruments/conventions/status-table/?cid=41

 

 

 

The GDPR is a compilation of EU laws that have come into effect on May 25th 2018. Those regulate the protection of natural persons with regard to the processing of personal data and on the free movement of such data. Data protection is about ensuring people can trust you to use their data fairly and responsibly. If you collect information about individuals for any reason other than your own personal, family or household purposes, you need to comply with the applicable regulation.

The purpose of the GDPR is to provide a set of standardised data protection laws across all the EU Estate Members. This should make it easier for EU citizens to understand how their data is being processed and also raise any complaints. It takes a flexible, risk-based approach which puts the onus on companies and business to think about and justify how personal details are managed and for what purposes.

You can get further information by visiting the official website of the EU:

https://europa.eu/youreurope/citizens/consumers/internet-telecoms/data-protection-online-privacy/index_en.htm

And get the latest updates from the Information Commissioners Office in the UK:

https://ico.org.uk

and the Supervisory Authority in Spain called “Agencia Española de Protección de Datos”:

https://www.aepd.es

 

Do not hesitate to contact PENA FRAGA LAW FIRM for personal advice tailored to your case by clicking on the GET IN TOUCH button below.