The foundations of the local regime after the Estatutes of Autonomy of second generation and the Spanish Constitutional Court ruling 31/2010

Abstract

The approval of the so called Estatuts of Autonomy of the second generation has raised numerous debates. One of the most important has been the relative one to the capacity of the Estatuts to determine the State competences. This debate has been specially relevant in relation with the local regime. The Sentence of the Constitutional Court has rejected this capacity, remembering the unavailability of the competences that to the State attributes the Constitution. Nevertheless, the texts of the Statuts in relation with the competence in local regime are still in force. If close to it is considered to be the evolution of the autonomous State, it is reasonable to think that in the future the Autonomous Communities will have more competences in relation with the local regime.