Mandatory reports of the Autonomous Communities in the State legislative procedure. Commentary on the Judgement of the Constitutional Court of Spain 155/2017, December 21

Authors

  • Ángel Marrero García-Rojo

DOI:

https://doi.org/10.18042/cepc/redc.115.11

Keywords:

Legislative procedural flaws, mandatory report of the Autonomous Community, principle of cooperation between State and Autonomous Communities.

Abstract

This paper comments the Judgement 155/2017, in which the Constitutional Court of Spain rejects an appeal of unconstitutionally lodged against a State law, despite the fact that the Autonomous Community had not issued during its proceedings the mandatory report required by the Autonomy Statute of Aragon. The paper examines the nature and the legal regime applicable to the mandatory reports by the Autonomous Communities in the State legislative procedure, emphasizing the importance of proper procedure rules to issue the report. It also examines the consequences of an omission of the mandatory report by the Autonomous Community with respect to the possible different situations an circumstances.

Published

2019-04-22

Issue

Section

JURISPRUDENCE. CRITICAL STUDIES