EL NUEVO ENFOQUE ESTATUTARIO SOBRE LA DISTRIBUCIÓN DE COMPETENCIAS EN MATERIA DE AGUAS

Authors

  • MÓNICA ÁLVAREZ FERNÁNDEZ

Keywords:

water, water resources, use of water, competences, basic institutional laws of the autonomous regions.

Abstract

The process of reform of the basic institutional laws of Autonomous regions that has begun recently in our country, affects the legal framework of distribution of competences in the matter of water resources and their uses in a significant way. The attempts of the Autonomous regions to exercise competence and the increasing importance of water for the economic and social development of the territories, has caused their basic institutional laws to make previsions in the matter that exceed the real possibilities that our Constitution allows. The river basin, as defined in the Water Law and ratified for the Constitutional Court so as to apply the territorial criterion of 149.1.22 CE, is the basic principle that determines the delimitation of competences in this subject. However, many of the new basic institutional laws of autonomous regions attempt to ignore this criterion.

Published

2008-04-09

Issue

Section

ADMINISTRATIVE REPORT OF SPAIN AND THE EUROPEAN UNION