El marco estatutario del régimen local

Abstract

The main problem analyzed in this paper is how the New Statutes of Autonomy, the Catalonian in particular, have recognized a competence in local government to the Autonomous Communities that clearly contradicts the Basic legislation of the State and how this contradiction raises problems of constitutionality. We think that the Statute of Autonomy (revised) can regain a competential space, attributed by the Constitution, and that was occupied by the Basic Law of the State, using its competences on the establishment of the bases of Public Administration. This is because it was not attributed constitutionally to o Law of the State the delimitation of the matter, as it is the case in the Autonomous Finances, Forces of Public Order o Administration of Justice, cases in which the Statute must observe the space established by the State Law. In addition of this, the article reconsiders the constitutional position of local entities and their integration in the new autonomous frameworks established in the revised Statutes of Autonomy.