Un complejo modelo de distribución de competencias que necesita otras garantías

Authors

  • Paloma Biglino Campos

Keywords:

Federalism, distribution of competences, Constitutional Court, federalism guarantees

Abstract

In Spain, the distribution of powers between the State and the Regional Governments has been significantly changed recently as a consequence of the reform of the Regional Charters. This article tries to show that many criticisms of these new sets of regulations and the jurisprudence of the Constitutional Court can really be put down to the devolution model that underpins the regional system. This starts with a distribution of powers that, amongst other difficulties, potentiates the role of the Constitutional Court as guardian of regional pluralism. To avoid this result, it is possible to incorporate other types of procedural guarantees that, without losing their juridical nature, can act as a cohesive force with respect to the will of the Regions within the State, working through Parliament.

Issue

Section

STUDIES