Public powers and prevalence between autonomous competences in the Sijena conflict

Commentary on the Constitutional Court's ruling 6/2012, of January 18

Abstract

This article reviews the judgment by the Constitutional Court that settles the dispute between the Autonomous Communities of Catalonia and Aragon on the protection of a set of goods placed in the territory of Catalonia, though they had been moved from their original location in the Monasterio de Sijena in Aragon. The review criticizes the judgment on the grounds that, on the one hand, Catalonia lacked the right to take legal action since it was defending its right to intervene on a private dealing, which did not imply any exercise of public authority, and on the other hand, that the right of refusal which was exercised by Aragon was more in line with the constitutional objectives related to the protection in situ of the cultural heritage.