False Friends: “decree” vs. decreto (as used in Spain)

In Spain and in many legal contexts, decreto and “decree” may be considered false friends.

In English, judicial decisions issued by the former courts of equity were called “decrees,” as opposed to “judgments” that were rendered in courts of law. In modern usage “decree” often refers to the final decision in probate or family law proceedings: “divorce decree” (sentencia de divorcio); “decree of nullity (of marriage)” (sentencia de nulidad matrimonial).

In contrast, rather than referring to a judicial decision, as currently used in Spain decreto denotes three types of legislative instruments or orders emanating from the executive branch. The most numerous are reales decretos, defined as normas administrativas para la ejecución de las leyes. Issued by the government, reales decretos are regulations that implement legislation passed by the Cortes Generales (Spanish parliament).

A second type of decree is the real decreto legislativo which is delegated legislation initiated by the government upon an express grant of authority from the Cortes Generales. And a third, the real decreto ley is legislation that the government may enact on an urgent basis, but which must subsequently be ratified by the Congreso de los Diputados (lower house of the Spanish parliament) within 30 days. These three decretos are termed reales because they receive the King’s royal assent (sanción real).

Although these three are often translated literally as “royal decree,” “royal legislative decree” and “royal decree law,” doing so without further explanation might prompt a miscue since, given the meaning of “decree” in English, “royal decree” might be interpreted as denoting a decision rendered by some sort of royal court or in the name of the monarch, rather than to a legislative instrument or an executive order emanating from the government. In that regard, a real decreto may perhaps be described as an “implementing regulation.” And real decreto legislativo and real decreto ley may both simply be referred to in English as “laws.” If a distinction must be made in translation between the latter two, a real decreto legislativo may perhaps be described as “delegated legislation” and a real decreto ley as “emergency legislation.”

In other respects, a 2003 reform of the Ley Orgánica del Poder Judicial empowered Spanish court clerks (formerly called secretarios judiciales and now known as letrados de la administration de justicia) to issue certain types of decisions called decretos. In this case decreto and “decree” may likewise be considered false friends and equating the two could also prompt miscues in translation, since (as noted above) in Anglo-American legal systems “decrees” are issued by judges rather than by clerks of court. In this context, decretos issued by court clerks might be described as “procedural orders” or “procedural decrees” to distinguish them from judicial decrees.

How to tame compliance-related “anglicismos gone wild”

In a recent tweet entitled “anglicismos gone wild,” Mariano Vitetta–@marianovitetta (EN-ES translator and law professor in Buenos Aires) featured an Argentine publication* in which the term “compliance” is used multiple times. Indeed, “compliance” is definitely one of those English terms that is often present in Spanish-language company law texts. For those who prefer to avoid anglicismos when possible, here are a few of the compliance-related concepts that Spanish law firms and some of my corporate clients use:

  • compliance; regulatory compliance—cumplimiento normativo
  • compliance audit—auditoría de cumplimiento
  • compliance complaint box—buzón de cumplimiento
  • audit and compliance committee—comisión de auditoría y cumplimiento
  • criminal compliance; compliance with crime detection and prevention rules—cumplimiento normativo penal
  • compliance and crime prevention—cumplimiento normativo y prevención de delitos
  • statement of IFRS compliance—declaración de cumplimiento con las NIIF
  • anti-corruption compliance model; crime prevention/deterrence model—modelo de cumplimiento normativo penal
  • chief compliance officer (CCO); compliance manager—responsable de cumplimiento normativo
  • compliance guidelines—programa de cumplimiento normativo
  • compliance unit—unidad de cumplimiento

*Jesús-María Silva Sánchez. “Criminal Compliance: Apuntes penales sobre el cumplimiento normativo.” Hammurabi—José Luis DePalma, Editor.