Los poderes de necesidad del Alcalde ante situaciones de crisis: cláusulas generales de necesidad y autonomía municipal
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This paper analyzes the powers of necessity of the mayor in comparative law and, especially, in Spanish law. For this purpose, the configuration and evolution of its legal regime from the 19th century to the present day is considered. It also examines the position of such powers under the Spanish Constitution of 1978, making special reference to the general clause of necessity provided for in Article 21.1.m) of Law 7/1985, of April 2, 1985, Regulating the Bases of the Local Regime. It also deals with the constitutional significance of such authorization and its relationship with municipal autonomy, as well as its application to the different types of municipalities present in the Spanish legislation. Furthermore, this work analyzes the particularities of this clause with regard to its requirements and limits in its activation. Finally, a series of final reflections are made.