TY  - JOUR
T1  - La participació de la Generalitat en l'exercici de competències estatals a L'estatut de 2006: les infraestructures del transport
A1  - Corretja Torrens, Mercè
PB  - Generalitat de Catalunya: Institut d'Estudis Autonòmics
YR  - 2007
UL  - http://biblioteca.ararteko.eus/Record/dialnet-ar-18-ART0000190867
AB  - The Statute of Autonomy of Catalonia has on the one hand reinforced the
idea of exclusive powers, and on the other, is clearly committed to promoting
mechanisms of co-operation and participation in the exercising of powers.
The article focuses on a study of the Catalan Autonomous Regional
Government's technique of participation in exercising state powers. This participation,
unlike inter-governmental co-operation, respects the state-based
nature of the power but introduces a mechanism of flexibility in exercising
it. It is based on a bilateral agreement, expressed by the Statute as an agreed
regulation and refers the specification of the mechanism (reports, agreements,
bilateral bodies, associations) to the State. At the same time, it reflects
the democratic principle linked to the right to representation and a
public hearing which pertains to the Catalan Autonomous Regional Government
insofar as the exercising of state powers may affect its sphere of
powers.
The Statute of 2006 elaborates on the use of this mechanism, and in particular,
on powers relating to transport infrastructures, where instead of
rigidity in the application of constitutional criteria (classification as of general
interest, territorial scope and effect on another Autonomous Region)
formulas that are more respectful of autonomous regional powers are
proposed and these are those that in many cases had been applied in practice.
ER  -