Spanish Constitutional Laws: Framework, Delegation and Control

33) Framework Law (Concept)

Article 150.1 of the Spanish Constitution. They are rules made by some or all of the CCAA (Autonomous Communities) on matters of state jurisdiction, within the framework of the principles, bases and guidelines set by state law. Without prejudice to the jurisdiction of the courts, each enabling act will set the mode of parliamentary control over this legislation in the CCAA.

They relate to matters of state competence that can be delegated to one or all the Autonomous Communities.

34) Delegated Law (Concept)

Article 150.2 of the Spanish Constitution. These are laws passed by the State to transfer or delegate to the CCAA (Autonomous Communities) powers over state matters which by their very nature can be transferred or delegated.

35) Harmonization Act (Concept)

They lay down the principles necessary to harmonize the laws of the Autonomous Communities.

Article 150.3 of the Spanish Constitution. These are laws passed by the State which establish the principles necessary to harmonize the regulatory provisions of the CCAA, even in the case of matters attributed to the competence of these, when so required by the general interest.

36) Two organs of coordination and cooperation

Two main organs of coordination and cooperation for the Autonomous Communities:

• Bilateral Cooperation Commissions
• Sectoral Conferences

37) Normal legal control of the State over the CCAA

(important question)

1. Challenges to resolutions and provisions of the CCAA.
2. Control of regulatory acts of the CCAA by the administrative courts.
3. Audit control by the Court of Auditors.

38) Resolutions subject to unconstitutionality action

Article 161 of the Spanish Constitution. Resolutions and provisions against which the action of unconstitutionality may be brought include:

• Statutes of autonomy
• Organic laws
• Laws and other binding provisions of State law
• International treaties
• Regulations
• Parliamentary and regional laws

39) Bodies entitled to lodge a constitutional appeal

Article 162 of the Spanish Constitution. The following bodies are entitled to bring an appeal of unconstitutionality:

• The Prime Minister
• The Ombudsman
• Fifty Deputies
• Fifty Senators
• The Executive body of the Autonomous Communities
• Where applicable, the Assemblies of the Autonomous Communities

40) Constitutional complaint vs. question of unconstitutionality

Constitutional complaint

The constitutional complaint is lodged against laws, regulations with the force of law, or acts with the force of law. This procedure must be initiated within three months from publication. In the complaint the provisions that are appealed are identified, and the decrees that are believed to violate the Constitution are specified.

Question of unconstitutionality

The question of unconstitutionality is raised by a court in the course of proceedings when it considers that a regulation having the force of law, and the validity of which depends on the decision, may be contrary to the Constitution.