Constitutional rules on the interiorisation of the local regime under the second-generation Regional Charters and the problematic legal nature of the act regulating the Local Regime Bases

Authors

  • Vicente Álvarez García

Keywords:

Statutes of Autonomy of second generation, local rules inclusion, basis rules in the local system, Local Basis System Act, constitutional block, constitutional categories, constitutional reform

Abstract

All the Statutes of Autonomy of Autonomous Regions passed in Spain since 2006, have added a specific regulation about local system in their articles. This phenomenon has been ratified by the Constitutional Court but with some conditions, one of them is very significant due to the important of legal effects: the autonomous regulation must respect the basic rules establishes by the State related to local system. Besides the study of these conditions, this paper focuses in the complex analysis of the legal nature of the basic state legislation concerning local government (and in particular, its standard refers to the main law in this area, i.e, Basis Local System Act – Ley reguladora de las Bases de Régimen Local). And also, it reflects on the powers and limits of Constitutional Court related to defining constitutional categories (in general terms and in local field) as well as the advantage of fix a constitutional reform (and their terms) in order to re-organize the Local Administration, which plays an important role in the territorial organization of our State.