Autonomous Statutes (2015)Apunte Inglés
The State (Spain) and the Autonomous Statutes. The legislative power of the Autonomous Communities and the jurisdiction.
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INTRODUCTION TO LAW.
THE STATE AND THE AUTONOMOUS COMMUNITIES State of autonomies: Unitary State in which territorial entities (Autonomous Communities) exercise powers attributed to them by the Constitution. Among these powers, there is a legislative power on certain matters.
The Spanish Legal System has 2 levels of legislation: 1-The rules of law of the State, which have an effect on the whole country.
2-Rules enacted by the Autonomous Communities in matters within their competence and with effect only in the territory of the Community.
Statute of Autonomy is the basic institutional rule of each Autonomous Community.
CONTENT: -Name of the Community -Delimitations of its territory -Establishment of the institutions -Jurisdiction assumed by the community.
*Is not an expression of sovereignty but an expression of autonomy (which refers to a limited power).
-Is adopted by a special procedure and afterwards has to be approved by an organic law of the State Parliament (can only be amended by the procedure established by it and not by organic laws).
THE STATUTE OF AUTONOMY has a double character: 1.STATE LAW: Approved by an Organic Law of the Parliament.
2.AUTONOMY LAW: Basic institutional law of the Autonomous Community.
*The Statute of Autonomy is under the Constitution and has to be interpreted according to it.
-The rules of the Autonomous Community have to be in accordance with the Statute of Autonomy like State laws have to be in accordance with the Constitution.
*Together with the Constitution, the Statue of Autonomy is part of the Block of Constitutionality — A rule of law in conflict with a Statute of Autonomy has to be declared unconstitutional.
LEGISLATIVE POWER OF AUTONOMOUS COMMUNITIES: -Rules of law adopted by the Autonomic Parliament — Published in the Official Journal of the Autonomous Community (DOGC) + State Official Journal (BOE).
-Legislative decrees — Autonomous communities can also delegate legislative power to their executive power.
-Regulations — The executive power of the Autonomous Community has the power to pass regulations.
JURISDICTION OF STATE AND AUTONOMOUS COMMUNITIES: -Based on the principle of “equality” between the rules of the State and the rules of the Autonomous communities.
-Jurisdiction based on the distribution of matters — Problem: This distribution is not clear and cut.
1-EXCLUSIVE JURISDICTION — The right to legislare and develop it with complementary rules State: Defense, IR, nationality, aliens, etc.
Autonomous Community: Right to fix municipal limits in their territory.
INTRODUCTION TO LAW.
2-SHARED JURISDICTION — Distribution of powers regarding a same matter State: Can have the power to legislate or competence over basic legislation Autonomous Community: Executive power or competence to develop further complementary legislation.
3-CONCURRENT JURISDICTION — Both State and Autonomous Community have the same, identical jurisdiction to legislate over a certain matter.
*If the State challenges the constitutionality of legislation of an Autonomous Community the application is suspended until the matter is solved by the Constitutional Court.
-Most of the competences are shared between the State and the Autonomous Communities.