Ley, derechos fundamentales y libertades económicas: la intervención local en servicios y actividades

Abstract

The article analyses the restrictions imposed by the Spanish regulation on the local governments when they exercise their powers of intervention over services and activities. Discrimination because is forbidden to such entities what is allowed to other Administrations, without any reason that explains it. That prohibition refers to limit their ability to enact rules regulating the regime of authorizations. Such norms only would correspond to the legislative power. The study concludes that the economic rights and freedoms of establishment and services seem to prevail over other rights and freedoms. Because economic rights could not be affected or restricted except under exceptional circumstances and under strict criteria of proportionality. Other freedoms and rights (personal freedom, freedom of expression, thought, religion, privacy, etc.), however, cannot be affected in its essence in any case, but outside of that essence, the legislature has more possibility of regulation, although always respecting the principles of necessity and proportionality. The article warns of the consequences this may have on the interpretation of the second and third chapters of Part I of our Constitution on fundamental rights.