The dressing and the reality of the rights in the Charters

Authors

  • Gregorio Cámara Villar

Keywords:

Statutes of autonomy, social rights, constitutional jurisprudence, statutory reforms

Abstract

This paper analyzes the inclusion and regulation of social rights in the Statutes of Autonomy of second generation, the main features of the intense academic debate on this issue and the controversial doctrine established by the Constitutional Court Judgments 247/2007, on the Statute of the Comunidad Valenciana, and 31/2010, on the Statute of Catalonia. From a general conceptual framework, the author highlights the arguments that support the legitimacy of their establishment and their relation to fundamental rights, the respect for constitutional limits, their authentic character of subjective rights in terms of structure and regulatory function and, ultimately, the central role given to them by the «estatuyente» legislator in a new statutory model which wants to be supported by the establishment of direct links with citizens.

Issue

Section

ARTICLES