Autonomous Communities in Spain: Structure and Powers
LESSON 9: Autonomous Communities in Spain
I. Autonomous Communities.
1. Political Quotes: Nationalities and Regions.
The denomination “Autonomous Region” is found in the Constitution, Title VIII. “The organizational form is structured political autonomy of the nationalities and regions making up the Spanish state.”
The recognition of different nationalities combines perfectly with the idea of the Spanish nation as a political unit of integration of the entire Spanish people.
Political science considers Nationality as a nation integrated with other internal higher agglutination. Nation and Nationality reflect the identity of a population: Language, Culture, Tradition. (The classic conception included Race and Religion). They have or had self-government organizational forms.
The concept of region is only an expression of a self-governing state structure, different than those of local corporations. It has the capacity to make laws. Regions were recognized in the Constitution of 1931. The regional state is considered a variant of the unitary state. The regions may be an expression of nationalism or not.
The problem arises when the concepts of nationality and region are used to extract a greater or lesser degree of autonomy aspirations. It is clear that regions can have the same aspirations for political autonomy as national aspirations. Political autonomy is now a general requirement in terms of greater political democracy.
For all these problems, as a result of the differentiation made in Article 2 of the Spanish Constitution, Part VIII used a neutral term: first “Autonomous Territories” (from German inspiration) to pass the Autonomous Communities that unifies Regions and Nationalities. Thus, there is a principle of equality of all the Autonomous Communities. Equality was not established as a starting point for the autonomy process. Two types of autonomous regions were established. Anyway, Article 148.2 of the Spanish Constitution puts equality as a point of arrival. Equality does not imply uniformity, but the constitution grants the power of all the powers attributed are not reserved exclusively to the state.
The ability to assume the highest responsibilities by communities made the differentiation between Region / Nationality pass into the background.
2. The Principles of Constitutional Regulation.
A) PRINCIPLE OF UNITY STATE. The regional state is a form of unitary state; therefore, the state remains autonomous. The regional state and federal are not the same; the state is only one: Spain. Articles 1 and 137. The state occupies a position of supremacy against the Autonomous Communities.
- Policy Unit-Ownership of all public bodies to the same state (as seen in Lesson 1).
- Legal Unit-Constitution as a standard header whole legal system. Each is different from uniformity. Legislative powers for the state. The supplementary nature of state law regarding the Autonomous Communities and their prevalence in cases of conflict with state standards.
- Economic Unity free-trade clause. Exclusive jurisdiction of the state. The economic unit is reinforced by the objective of the European Union in which Spain is composed.
B) THE RIGHT TO AUTONOMY. Article 2 of the Spanish Constitution recognizes the right to autonomy of nationalities, so the Spanish Constitution considers autonomy as the result of the free exercise of that right by the regions and nationalities. An act is required to authorize an autonomous status.
Autonomy should not be confused with sovereignty because it involves a limited power.
It corresponds to the bylaws to specify the scope of that autonomy.
C) The establishment of statutory regulation establishes framework legislation; the statute does not place a quasi-constitutional status.
Due to the extensive possibilities of the statutes of autonomy, it could lead to various statutes excessively jeopardizing a coherent pattern of the state.
The statutes of autonomy must contain:
- The name of the autonomous community.
- Delimitation of its territory.
- Name, organization, and host its own autonomous institutions.
- Powers assumed
- Procedures Reform
The approved statutes via Article 151 have more powers than those of Article 143, which can then match the skills: “Principle of Gradualism Autonomy.”
D) Principle of Solidarity.
It has a highly political significance. It is a bilateral loyalty principle: state-independent and vice versa.
According to Art 138 EC, solidarity means leveling with a sense of the socioeconomic conditions of the Autonomous Communities. Making a gradual equalization between them, and in any case, there are no privileges.
As an instrument of development: Compensation Fund Inter-territorial.
E) Coordination Principles.
*(See Lesson 7)
Techniques to make it effective:
a) Organic: Creating sectoral conferences among the appropriate minister and the advisers of the Autonomous Communities. Coordination between state administrations and autonomous regions is the responsibility of the government delegates.
b) Functional: Negotiation or participation of the Autonomous Communities in state laws that affect them.
F) Principle of Cooperation and Collaboration.
Cooperation means: The provision of management support to the powers of another public entity.
Adopting methods similar to the German cooperative federalism.
Cooperation agreements made by two types:
– Those celebrated for the management and delivery of services within the Communities
Autonomous requiring advance notice to the general courts.
– Other examples of cooperation that require authorization by the general courts.
The LPC provides 3 types of agreements:
- Those who are implementing the agreements adopted sectoral conferences.
- The collaborative.
- The general protocols.
II. ORGANIZATION OF THE AUTONOMOUS COMMUNITIES.
1. Constitutional Determinations.
(Lesson 4)
At first, some authors noted that legislatures could only be created in the Autonomous Communities which adopted its Statute by means of Article 151 EC
But legislatures have been created in all regional governments on the basis that the Constitution does not forbid it, only if it is the very essence of political autonomy.
2. The Legislative Assemblies.
They are the political representative bodies of citizens that make up the autonomic population. Its members are elected by direct, secret, free for a proportional electoral system: D’Hondt as lists submitted by political parties. Term = 4 years.
In 1991 he reformed the statutes of autonomy to agree on the same dates all the regional elections. With the exception of the Autonomous Communities of Special Statutes (via Section 151) that have the power to dissolve their assemblies by the president.
Functions: equal to the parliament. In relation to their responsibilities: to pass laws and control the executive organs of the Community. They also have the power to appoint senators from their autonomous region or constitutional motions submitted to Congress a bill.
The assemblies of Ceuta and Melilla have only statutory authority on matters within its competence. Legislative initiative to ask the government to adopt a bill or submit to Congress a bill.
3. The Congress government and the president. The same as the national government. Function executive, administrative and regulatory power. The assembly elects from among its members a president. Appointed by the king. Choose / ceases to members of the governing council. It is politically responsible.
The president represents the state in the autonomous community and the community.
4. The High Court of Justice.
The courts are state bodies.
They are the ultimate judicial body within the territory of the Autonomous Community. They attributed the appeal as autonomous rule violation subject to the Supreme Court appropriate knowledge of the appeals in cases under state law rules.
III. POWERS OF THE AUTONOMOUS COMMUNITIES
1. Constitutional Rules.
A) CLASSIC DISTRIBUTION SYSTEMS POWERS
The first historical pattern of distribution of powers between the state and other entities is decentralized politically in the American Constitution (1787): System lists – Subjects assigned to the federal state matters outside the jurisdiction of the federal states or require the consent of Congress.
In Italy, one list contained in the materials of powers of the ordinary statute regions, corresponding to the state the rest.
The theoretical model of division of powers in politically decentralized states tends to establish a system of 2 lists: one contains exclusive powers of the state (in federal systems) or regions (regional systems), and another that reflects the shared competences.
Clause of time: It gives the state powers that do not correspond to the regions.
In matters of shared competence is implemented by the states.
B) THE ASSUMPTION OF POWERS PROCEDURE FOR THE AUTONOMOUS REGIONS
Competencies are determined by statute. These regulate the assumption of jurisdiction based on the access road to autonomy:
- Article 151 – The bylaws may not include all the powers conferred by the EC to the State.
- Article 143 – Only authorized powers included in Article 148 EC
It is not incompatible with the principle of equality.
“After five years, and through reform of its statutes, the Autonomous Communities may expand their powers within the framework laid down in Article 149”
C) THE RULES OF CONSTITUTIONAL DISTRIBUTION OF POWERS BETWEEN THE STATE AND THE AUTONOMOUS COMMUNITIES
a) The Constitution sets out the powers of the state, the only non-assumable by statute.
b) Matters not assigned to the State Constitution may fall by the Autonomous Communities by virtue of its Statute.
c) The residual clause conferring jurisdiction to the State.
d) The international commitments may involve loss of power from the State and the Autonomous Communities.
e) The powers are assumed since the entry into force of the Statute.
D) THE LIMITS OF THE ASSUMPTION OF POWERS
a) Principle of territoriality. The powers of the autonomous communities are engaged in their own territory. They can not exercise powers that would produce effects elsewhere in the country.
b) The national interest and the interest of autonomy. The Autonomous Communities are guaranteed their autonomy to manage their own interests. And the State has constitutionally assigned the management of domestic interest when the two are crossing national prevail.
2. State powers under Article 149 EC.
A) THE CLASSIFICATION OF STATE POWERS
Most of the powers of this provision are shared by the State as in most matters has attributed all the powers of legislation and enforcement part corresponding to the Autonomous Communities.
B) THE STATE COMPETITION
a) Fundamental Rights and Duties: Ensuring equality of the Spanish and exercise of rights and public freedoms, national convocation of popular consultations via referendum.
b) Immigration, emigration, immigration, and asylum.
c) Functions historically specific to states: international relations, defense, justice, police (without prejudice to the powers in this area to assume the Autonomous Communities)
d) Legal regulation of the Spanish system.
e) economic matters; Finance.
f) Weights, measures, and official time.
g) Transport: Ports, maritime signals, air traffic, traffic, weather, rail (running on more than one community)
h) Communications: Postal and telegraph.
i) Water, Mines and Energy: Grant of resources and their exploitation.
j) cultural and academic subjects.
k) Health & Social Security.
l) Public works of general interest.
The Constitution requires in every subject if exclusive or shared. If given to the State law on a subject that includes any legislative power on that subject.
3. The techniques of altering the distribution of powers between the state and the Autonomous Communities.
The effectiveness of these systems can not be established from the statutes of autonomy.
These techniques are regulated in art. 150 CE:
a) Section 150.1-The Parliament may confer upon any or all of the Autonomous Communities the power to enact legislation for themselves.
b) Section 150.2-The state may transfer or delegate to the Autonomous Communities, through Act powers for state-owned materials which by their very nature are susceptible of transfer or delegation
IV. The Autonomous Administration
1. General structure of the Autonomous Administrations
The regional authorities are endowed with legal personification by the relevant laws governing autonomous.
The Governing Council is governed by the statutes; administrative powers are reflected in the regional legislation.
Organ-person: President, Vice President (not provided in all statutes of autonomy) and Directors (similar to the Ministers), Deputy (also known as the site: Secretary General) and Director Generals.
The other organs of the autonomous administration are similar to those of the State administration.
Some autonomous regions have also established their own advisory body. If there is further inform the Council of State.
2. The peripheral administration of the Autonomous Communities
Most regional governments have kept as peripheral administration transferred to the same level by the State. Some have created the figure of a Community Officer in the Province, with a mission to perform management functions of the autonomic services in the Province.
The autonomous by law be transferred or delegated powers of the Community to the Provincial Councils.
Some municipalities have included specific population of local entities eligible for such transfers or delegations.
3. The administration of the autonomous province in
The province Autonomous Communities have assumed, under its Statute, representation, governance, and administration of the province concerned. And, therefore, have assumed all powers, functions, assets, rights and obligations, and remedies of the County Councils.
Logically, the uniprovincial community lack a peripheral administration at provincial level. However, this justified the creation of districts as local.
V. STATE RELATIONS WITH THE AUTONOMOUS REGIONS
1. Principles
Relations between State and Autonomous Communities shall in no case Guardianship. This excluded any prior inspection, generic or simple chance, on the activity of the Autonomous Communities.
The autonomy of the Communities is not identified with sovereignty.
The activity of the autonomous communities as any other public entity is subject to the Constitution (Article 9.1) and the rest of the legal system. The Constitution provides for general channels that control autonomic activity in parallel with the plan to the the statute itself, in Article 153 stating that such control is exercised:
a) by the Constitutional Court regarding the constitutionality of its statutes having the force of law.
b) The administrative court, the autonomous administration, and its regulations.
c) the Court of Auditors, the economic and budget.
These controls are general for all public bodies, including the State. Other more specific controls on the activity of the autonomous communities are entrusted to the government or Parliament. Although as a rule, the executive controls must be exercised with the consent of the Courts or any of the chambers.
The Constitution gives the State to guarantee the general interest that gives extraordinary powers of intervention in the Autonomous Communities.
Also, relationships are developed in accordance with the principles of coordination, collaboration, and cooperation.
2. Assumptions and techniques of control and state intervention in the competence of the Autonomous Communities
A) CONTROLS ON THE EXERCISE OF POWERS STATE transfer or delegate to the Autonomous Communities
– For the Cortes Generales “In the cases contemplated in the laws which give the Autonomous Communities the power to enact legislation for themselves within the framework of the principles, bases, and guidelines set by state law.
– For the Government-After consultation with the State Council on the exercise of delegated functions to those referred to in article 150.2 EC.
B) THE LAWS OF HARMONY: MEANING. Laws establishing the principles necessary to harmonize the regulations of the autonomous regions, even in the case of matters attributed to the skills of these, when so required by the general interest.
C) STATE CONTROL autonomic activity by Atento GENERAL INTEREST TO SPAIN AND EXTRAORDINARY MEASURES OF INTERVENTION. Case in which the Autonomous Region in breach of obligations by the Constitution or other laws that impose or act to seriously undermines the interest of Spain.
The Government will invite the president of the community to abide by laws or cease an activity contrary to public interest. If the order is not treated may take necessary measures to compel compliance with the Autonomous Community of such obligations or forced to protect the public interest. It requires prior approval by an absolute majority in the Senate.
3. Jurisdictional disputes
They are solved by the Constitutional Court.
– Conflict Positive – When two bodies are believed responsible for resolving a case.
– Conflict Negative – Decide who is responsible when both are declared incompetent.
The sentence contains a double decision: declares who is the holder of competition and nullifies the rule or act that originated the conflict.
Conflicts can be raised by the Government or the Council of the Autonomous Government, and if negative also for any individual. Positive Conflicts arise after formal notice to the other entity to revise the provision that encourages conflict. The Government will be made directly to the Constitutional Court.
In the negative conflicts arising from the person concerned must first exhausting administrative channels to the institution which he judged competent and then go to the government or the Governing Council of the Autonomous Community where these are silent may refer to the conflict before the Constitutional Court.