El debate sobre la supresión o reforma de las diputaciones provinciales en España

Manuel Zafra Víctor
Abstract

In a country shaped by small cities and villages, local autonomy is unviable without the existence of intermediate governments that support and help small local communities and, therefore, permit them to have managerial capacity in the exercise of their powers. This intermediate level between regional and local powers has to be, first, local in nature and, second, constitutionally entrenched as a territorial power of the State. It should never be articulated as an exclusive power of the Autonomous Communities. The province holds both features: it is a local entity constitutionally articulated as a municipal aggregation. Under this thesis was prepared a Governmental Draft about Local Administration and after it a Law of Local Autonomy of Andalucía. The provincial autonomy is conceived as a guarantee of the municipal autonomy because the assumption of functional and support powers, that are associated with the subsidiarity principle, allows the correct exercise of substantial powers by municipal entities and avoids the usurpation of them by Autonomous Communities under the excuse of the low municipal managerial capacity or the kind of matter in question.

Article Details

Keywords:
inter-municipality, provincial autonomy, municipal autonomy, local powers, local political community, compromise between province and cities as an institutional relationship