Competencias ejecutivas y potestad reglamentaria
Spanish constitutional experts have tended to consider that the executive competences of the Autonomous Communities involve an extremely narrow regulatory power, i.e. limited to the capacity for enacting bills to organize their own administration. In this article the author advocates for rather the...
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| Formatua: | Artikulua |
| Hizkuntza: | Gaztelania |
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Generalitat de Catalunya: Institut d'Estudis Autonòmics
2008
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| Sarrera elektronikoa: | https://dialnet.unirioja.es/servlet/oaiart?codigo=2602101 |
| Baliabidea: | Revista d'estudis autonòmics i federals, ISSN 1886-2632, Nº. 6, 2008, pags. 320-364 |
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Spanish constitutional experts have tended to consider that the executive competences of the Autonomous Communities involve an extremely narrow regulatory power, i.e. limited to the capacity for enacting bills to organize their own administration. In this article the author advocates for rather the opposite perspective: that is, that the executive powers of the Autonomous Communities do themselves entail a full regulatory power. According to the author, thus, this full regulatory power is inherent to the concept of autonomous- community executive powers and so, it does not depend on whether the statutes and/or other norms could have defined it in such a way. In this sense, the author explains that the Spanish Constitution of 1931 did already contemplated that the executive powers of the regions included full regulatory powers and that there are elements in the current Spanish Constitution that could allow for a large interpretation on the subject, although the Constitutional Court settled the matter by explicitly rejecting such a large interpretation. Starting by contextualizing the issue in the contemporary Spanish constitutional history, the author analyses and assesses how the different new statutes of autonomy have sought to provide a definition of executive competences that includes full regulatory powers. |
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