Rodalies stops: these are the alternatives to move today through Catalonia

In Spain, minimum services in the event of a transport strike are not set through a parliamentary procedure on a case-by-case basis, but rather by decisions of the Executive Power, based on prior legal regulation. Parliament plays a role on two levels: (1) by approving or amending the laws that enable these decisions and (2) by exercising political control over the Government when it sets the minimum services.

1. Basic constitutional and legal framework

The key is in Article 28.2 of the Constitution:

• It recognizes the right to strike of workers.
• It provides that a law regulates its exercise.
• It allows for the establishment of guarantees for maintaining essential community services.

This provision has been developed mainly through Royal Decree-Law 17/1977, on labor relations, whose regulation has been reinterpreted by the Constitutional Court's jurisprudence. This regulation:

• Defines the general framework of the right to strike.
• Grants the government authority the power to set minimum services when the strike affects essential services, including many transport services (railway, metro, urban and interurban bus, air transport, maritime, etc.).

2. Who sets the minimum services in transport?

The specific setting of minimum services is an administrative act, not parliamentary. The competence depends on the service scope:

• State transport (e.g., state-competent railway lines or air navigation): normally set by the National Government or the competent ministry (Transport), through orders, resolutions, or instructions.
• Autonomous transport (metro, tram, autonomous buses): set by the autonomous government or the competent councilor.
• Municipal urban transport (urban buses, some metros and trams): usually set by the city council or its executive body, if the autonomous legislation grants it that competence.

In practice, the administrative procedure includes:

• Considering that the service is essential for the community.
• The government authority setting a percentage of minimum services (e.g., percentage of trains, buses, or frequencies in time slots).
• The obligation to justify the decision, proving that the level of minimum services is proportional and does not nullify the right to strike, as required by constitutional jurisprudence.

3. Role of Parliament in general regulation

What does follow an ordinary parliamentary procedure is the legal norm that defines the framework of the right to strike and essential services:

• It can be an ordinary law or organic law on strike, labor relations, or essential services, processed as a bill (government initiative) or private member's bill (parliamentary initiative), with debate, amendments, and voting in Congress and Senate.
• In situations of extraordinary and urgent need, the Government can approve a royal decree-law affecting the minimum services regime (respecting constitutional limits). This decree-law takes immediate effect but must be ratified or repealed by Congress within 30 days and, eventually, processed as a bill to introduce amendments.

This is the true relevant “parliamentary procedure”: the processing of norms regulating the right to strike and enabling the government authority to set minimum services. The specific setting for a particular transport strike does not go through the Plenary but through administrative decisions based on that legislation.

4. Parliamentary control over minimum services

Although Parliament does not set the minimums in each strike, it can politically control the Government on how they are set, using various instruments:

• Oral and written questions to the competent minister about the criteria used, percentages set, or impact on the right to strike.
• Interpellations and motions, which allow in-depth debate on government policy regarding strikes and essential services, and possible legal reforms.
• Appearances of the minister or other senior officials before committees or plenary to explain specific decisions in a relevant transport strike.
• Possible bills or non-legislative motions to change the regulatory framework or urge the Government to modify its criteria.

5. Judicial and constitutional control

Beyond parliamentary control, minimum service decisions are subject to judicial review:

• Unions or other affected parties can challenge minimum service setting resolutions before the administrative contentious jurisdiction, alleging lack of justification or disproportionality.
• If the legal norm enabling the setting of minimums is considered unconstitutional, it can be challenged before the Constitutional Court via an unconstitutionality appeal or a constitutional question raised by a judge.

In summary, in a transport strike, minimum services are set by the competent government authority, but based on a legal regulation approved by the General Courts and subject to both parliamentary control and judicial control, which require justification and proportionality so as not to nullify the right to strike.

Adif and Renfe are two key public actors in the Spanish railway system, but their functions regarding railway infrastructure are very different. Simply put: Adif is mainly the “owner and manager” of the railway network, while Renfe is primarily the train operator running on that network (although it also carries out other related activities).

1. Role of Adif: infrastructure manager

Adif (Railway Infrastructure Administrator) is the public entity generally responsible for the planning, construction, maintenance, and management of the state-owned railway network. Its main powers regarding infrastructure are:

• Planning and network development: participates in defining and executing new lines, variants, route improvements, and adapting existing infrastructure (track doubling, electrification, capacity increase, accessibility, etc.), following Government and Ministry guidelines.
• Construction and infrastructure management: directs, contracts, and supervises works on railway platforms, tracks, catenaries, signaling, safety systems, and communications. Once built, it assumes ordinary management and maintenance.
• Maintenance and renewal: responsible for the state of conservation of tracks, bridges, tunnels, level crossings, catenaries, and other physical network elements. Decides and executes conservation, renewal, and improvement interventions affecting system capacity and reliability.
• Capacity and traffic management: assigns slots or time windows during which trains of different operators (including Renfe and new high-speed competitors) can run. Also coordinates and supervises real-time circulation through its control centers.
• Stations and terminals: manages (directly or through specific companies) most passenger stations and many freight terminals: platforms, station buildings, access, parking, passenger services, and relations with commercial concessions in these spaces.
• Access charges and conditions: defines and applies usage charges paid by operators for using infrastructure and service facilities (tracks, stations, workshops, terminals). This fits its role as a neutral manager of the network open to all licensed operators.
• Infrastructure safety: responsible for safety related to the physical state and operation of the network, including signaling and train protection systems (ASFA, ERTMS, etc.), in coordination with the regulatory and railway safety authority.

In summary, Adif is the “technical owner” of the railway highway: it designs, builds, maintains, and regulates its use, but does not itself provide commercial passenger transport services (nor, generally, freight services).

2. Role of Renfe: railway service operator

Renfe Operadora (Renfe) is primarily a transport operator. Its powers focus on the operation of passenger and freight services over the infrastructure managed by Adif:

• Operation of commercial services: organizes, schedules, and provides Cercanías, Medium Distance, Long Distance, and High-Speed services assigned to it, as well as freight services. Decides schedules (within granted capacity), frequencies, stops, commercial products, and fares.
• Rolling stock management: owns or leases locomotives, passenger trains, and freight wagons, and is responsible for their maintenance and operational availability.
• Customer relations: sells tickets, manages passes and titles, provides customer service, designs the travel experience, and generally assumes contractual responsibility towards passengers.
• Operational safety: ensures circulation safety from the operator's perspective (training and management of drivers, operational procedures, internal rules, etc.), in coordination with rules issued by the railway authority.
• Relationship with Adif as a network user: requests capacity, pays charges, and coordinates with Adif on incidents, works, and service restrictions. It does not decide on infrastructure but uses it under conditions set by the manager.

That is, Renfe “runs” on the network managed by Adif. Its own scope is less the infrastructure and more the operation of railway services and management of trains and customers.

3. Summary comparison of powers

• Adif: infrastructure, stations, capacity, charges, track maintenance, traffic management, safety linked to network condition.
• Renfe: train operation, services to passengers and companies, rolling stock management, safety from the operator's perspective, commercial relationship with the end user.

Therefore, regarding railway infrastructure, Adif has a neutral and technical network management role, while Renfe acts as one of the operators using it, subject to the same access rules as other authorized railway operators.

In the Spanish legal system, there is no single rule that literally regulates “alternative transport in railway emergency situations,” but rather a set of rules that, combined, establish the requirements and obligations of railway companies and infrastructure managers. The core is in Law 38/2015, of September 29, on the railway sector, in the European regulation on rail passenger rights (Regulation (EC) 1371/2007, adapted to Spain by the Council of Ministers Agreement of March 5, 2010, published by Resolution of March 22, 2010), and in civil protection and railway safety regulations, including Royal Decree 929/2020 and Royal Decree 233/779/2014 on assistance to victims of railway accidents and their families.

1. Basic framework and who is obliged

• Railway companies (e.g., Renfe Viajeros or other operators) are subject to Law 38/2015 and Regulation (EC) 1371/2007, which establish passenger rights in case of delays, cancellations, and service interruptions.
• Infrastructure managers (such as Adif) have operational safety, incident management, and emergency collaboration obligations according to Law 38/2015 and Royal Decree 929/2020.
• Civil Protection and competent authorities coordinate with the railway sector through civil protection planning (e.g., the National Civil Protection Strategy and specific regulations on railway accidents and hazardous goods transport).

2. Obligations of information, assistance, and alternative transport

Regulation (EC) 1371/2007 — expressly referenced by Spanish regulation — establishes that when a significant journey interruption occurs (cancellation, major delay, break in journey continuity):

• The railway company must provide updated information about the incident, its foreseeable causes, and estimated resolution time.
• It must guarantee minimum assistance to affected passengers (e.g., access to communication, reasonable supply of drinks/food, accommodation when necessary due to journey interruption), depending on incident duration and waiting time.
• It must offer the passenger options that, in practice, are concretized as:
  • Ticket refund, or
  • Continuation of the journey or rerouting via an alternative itinerary “as soon as possible” or on a later agreed date, which in practice usually translates into organizing alternative transport (buses, other trains, or modes) when the line is interrupted.

The Resolution of March 22, 2010 specifies for Spain which parts of Regulation (EC) 1371/2007 apply to commuter, regional, and national and international services, but maintains this basic rights scheme against significant interruptions.

3. Cost to the passenger

When the interruption or cancellation falls within the scope of rail passenger rights, the alternative transport or rerouting option offered by the railway company is part of the execution of the transport contract and, therefore, must be at no additional cost to the passenger beyond the ticket already purchased.

Additionally, Regulation (EC) 1371/2007 foresees, alongside the transport alternative, possible financial compensations depending on accumulated delay, without implying that the passenger must bear the cost of the alternative means.

4. Serious emergencies and coordination with Civil Protection

When the interruption results from a rail accident with fatalities or serious injuries, additional specific rules are activated:

• The Royal Decree on assistance to victims of railway accidents and their families obliges railway companies to have an assistance plan approved by the Administration, coordinated with autonomous and state civil protection plans.
• This plan must provide for:
  • Designation of a liaison officer with the emergency management body and the infrastructure manager.
  • Personnel and material means for assistance, including transport, accommodation, and sustenance for families of the deceased and seriously injured, as well as psychological support.
  • Conducting drills coordinated with Civil Protection and periodic plan updates.
• Regarding hazardous goods, Royal Decree 412/2001 imposes immediate communication to the corresponding emergency phone and activation of special civil protection plans, which may include traffic restrictions and specific evacuation and transport measures.

Although these rules focus on victim assistance and do not exhaustively detail the “alternative transport” regime for other passengers, they do require close operational coordination among the railway company, infrastructure manager, and civil protection authorities in emergency management, within which organizing alternative services is included.

5. Ordinary incidents vs. emergency situations

• In ordinary or technical incidents (breakdowns, works, adverse weather without personal injuries), mainly passenger rights apply: information, assistance, and option of refund or alternative transport at no additional cost.
• In serious emergencies or accidents, in addition to the above, the following are activated:
  • Civil protection plans (with possible line closures, evacuations, safety perimeters).
  • Victim assistance plans of companies and infrastructure managers, subject to administrative approval and coordination with Civil Protection.

In summary, alternative transport in railway emergencies is not conceived as a freely offered service but as one of the ways to fulfill the legal obligations of journey continuity or rerouting, passenger assistance, and coordination with civil protection and safety authorities.