Tratado Y Agreement

(a) It is also necessary to meet the requirement of the law which explicitly establishes the primacy of international treaties “over any other rule of a domestic nature in the event of conflict with them, with the exception of rules of constitutional rank” (Article 32). This is not so much because it contains a real innovation, because in reality the infra-constitutional rank derives implicitly from the wording of Article 95(1) of the Constitution and the supralegal nature of the second subparagraph of Article 96(1), as well as from the legal interpretation of the two constitutional commandments93. The law, and this is relevant, clarifies the delicate question of domestic application and offers the Spanish judge94 a direct answer in the sense previously requested in the most solvent education95. 
 Indeed, in its opinion of 3 October 2013 argues that the concept of AIA, introduced by law, is excessively restrictive, since it does not include certain types of agreements which do not have a substantive and formal scope in an international treaty, but which govern aspects that administrations may do by their own authority without affecting rules of legal rank, or to require legislative measures for its implementation.112 
 The LTOAI confers on the International Legal Council of the MAEC the power of ex ante legal control by requiring (or, where appropriate, the possibility) to prepare reports on the classification of international agreements165. With regard to international treaties, the law assigns to it, in accordance with current practice, the task of making a report compulsory on its nature and formalization before signature, specifying in particular whether the draft agreement in question must be expressed as such or, on the contrary, another instrument (Article 17, paragraph (2). The same applies to the AIA (Arts. 39 and 52.3166).167 However, this does not apply to the NNA since, as we have seen, they are informed by the respective legal service of the institution or body that wishes to conclude (Article 45), except in the case of the NAD of the CCAA, the cities of Ceuta and Melilla or local authorities (Art. 53.3) .b) in this case, it is also worth mentioning the regime of the execution of the contract. . . .