EL CONCEPTO JURÍDICO INDETERMINADO DE «SERVICIO ESENCIAL» EN LA CONSTITUCIÓN ESPAÑOLA

Authors

  • M.ª YOLANDA FERNÁNDEZ GARCÍA

Keywords:

essential utility, general clause, undetermined legal concept, judicial control.

Abstract

The doctrinal postures relating to the concept of essential utility have been oscillating principally between its consideration as a general clause, as an open concept or a political and legal standard, and its consideration as an undetermined legal concept. According to this latter conception, the interpretation problems are limited to the meaning of undetermined legal concepts. More precisely, in the context of our Constitution, the more significant difficulties reside in the definition and determination of this concepts by the legislator and in its controversial control by the judge. From its consideration as an «expression with disjunctive opinions» to its consideration as a possible object of different interpretations and valorizations, this article analyses the intricated scope and the arduous control of the constitutional concept of «essential utility»

Published

2008-04-09

Issue

Section

ADMINISTRATIVE REPORT OF SPAIN AND THE EUROPEAN UNION