Los entes locales ante el Tribunal Supremo
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The administrative section of the Supreme Court and the Superior Courts of Justice of Autonomous Communities are the interpreters of the local legal system. The distribution of competences between them depends on whether the claim is based on federal or state law. However, the Supreme Court has a superior position when interprets the fundamental concepts and the basis of the local legal system. This position could be inferred from its case law related to the configuration of the normative power of local entities, the status of local representatives and the scope of the competences that local entities have. The Supreme Court recognizes, extensively, local autonomy as an institutional guarantee and, therefore, it considers that local entities have capacity to decide in the area of town planning. In this regard, local entities are able to celebrate local referendums in this area in compliance with the requirements established in section 71 of Law on the Basis of Local System.