Collaboration & Conflict Between State and Autonomous Regions

Posted on Nov 5, 2024 in Law & Jurisprudence

Collaboration and Conflict Between State and Autonomous Regions

Collaboration between the State and the CCAA

Coordination and compliance are essential for effective collaboration between the State (Lestat) and the Autonomous Communities (CCAAs). The Spanish Constitution (EC) establishes a framework for this collaboration, particularly in Articles 103.1 and 103.2. Article 149 of the EC outlines the exclusive competences of the State, including the speaking skills competition (art 149 EC). Collaboration is crucial as the State reserves binding competition, requiring coordination with the CCAAs.

Common Characteristics of State Competition:

  • Exercised without formal agreement but in compliance with the CCAAs (Art 149.1 EC).
  • Coordination with the EC is foreseen, either explicitly or implicitly.
  • Coordination can be implicitly attributed to the State when it has full legislative powers and the CCAA only has execution powers.
  • Coordination cannot eliminate or reduce the powers of the regions as granted by their Statute of Autonomy.

Voluntary Cooperation:

Voluntary cooperation is not imposed by one party on the other. However, cooperation is necessary due to the dynamics of achieving common objectives. The Constitutional Court (TC) recognizes a reciprocal duty of loyalty and mutual support between the State and the regions. This has led to the creation of collaborative bodies (e.g., Sectoral Conferences of Counselors). Voluntary cooperation is achieved through bilateral or multilateral agreements on joint actions, where each party contributes resources for a common purpose.

Conflict between State and Autonomous Regions

The relationship between the State and the CCAAs, while aimed at achieving common goals, sometimes leads to conflicts. The EC and the Statutes of Autonomy provide the legislative means to resolve these discrepancies. Jurisdictional disputes are resolved through:

  • Administrative Disputes Jurisdiction (Art 106 EC): Operates in the control of conflicts arising from administrative sources of law and regulations. This jurisdiction cannot annul laws or regulations with the force of law.
  • Appeal of Unconstitutionality (Art 159, 160, 161, 162 CE): When the conflict arises from an Act, the TC resolves the dispute through this resource. This appeal can be brought by:

The TC also resolves conflicts of competence through other mechanisms according to the EC:

  1. Art 161.2 EC (Disputes between State and Autonomous Provisions): Regional arrangements can defend themselves, but the CCAAs contesting the State cannot produce an immediate suspension of the Act simply by invoking Articles 76 and 77 of the Organic Law of the TC. Within five months, the TC must lift or ratify this resolution.
  2. Art 155 CE (Enforcement): If the CCAAs do not fulfill their constitutional obligations, leading to serious action against the General Interest, the State can intervene. This raises the question of the legal nature of the Statute of Autonomy.

Statute of Autonomy

The Statute of Autonomy is a unique rule with a double dimension: it is the basic rule of the Autonomy and simultaneously part of the State Law.

Important Aspects:

  • The Statute is subject to the EC.
  • In compliance with the EC, it must be approved by Law (Art 81.1 EC). This does not mean the State can legislate on matters regulated by the Statute.
  • As the basic rule of the CA, it is above other regional regulations.

Jurisdictional System between State and Autonomous Regions

  1. Basic Elements of Competence Distribution:
    • Existence of a variety of autonomous systems.
    • The EC provides a mechanism for creation, but does not define the specific CCAAs.
    • The Statute sets out the responsibilities of the CA.
    • Levels of autonomy. Originally, there were two types: historical CCAAs (Basque Country, Catalonia, and Galicia, later joined by Andalusia, Canary Islands, Navarra, and Valencia) and other CCAAs using Article 143 EC.
  2. No Clear Division of Powers: There isn’t a clear division of powers between the Communities and the State due to the subject matter. The Constitution’s mechanism, based on the German model, divides powers according to subject, but the details are handled partly by the State and partly by the autonomous regions. Typically, the State legislates, and the CA executes. Some competences are reserved for one or the other, but many are shared.
  3. Evolutionary Character of Competence Distribution: The evolution of competence distribution is limited (Art 149 EC) but not closed. It can be varied (Art 150.2 EC), allowing the State to enlarge the powers conferred and attributed to the CCAAs.

Specific Division of Duties (EC 1978):

  • Art 148 EC: Outlines the responsibilities of the Communities.
  • Art 149.1 EC: Defines the exclusive competence of the State (32 points). These points have varying degrees of reservation, ranging from total reservation to reservation of certain functions on a subject. The State can reserve part of the law (primary legislation) and allow the CA to develop other parts later.