The devolution debate between the State and the autonomous Regions

Authors

  • Luis Ortega Álvarez

Keywords:

Statute of autonomy, basic legislation, exclusive competences, shared competences, executive competences

Abstract

The Statute of Autonomy of Cataluña defines, in articles 110, 111, and 112, the legal concept of exclusive, shared and executive competences. The Constitutional Court in its sentence 31/10 declares the inadequacy of the Statute of Autonomy for making those definitions, because this is a function reserved to the Constitution and the interpretation of the Constitutional Court. In consequence, declares that those definitions are only a description of the constitutional jurisprudence, without adding any legal value by themselves, and proclaims the unconstitutionality of some wording of art. 111 because do not describes properly such jurisprudence.

Issue

Section

ARTICLES