Las competencias municipales: una aproximación a su nuevo régimen jurídico
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This article describes the new legal framework introduced by Law 27/2013, on rationalization and sustainability of Local Administration, regarding municipal competences. Despite the fact that one of the main objectives of this new legal framework was to clarify municipal competences, the reality was that it pursued the amendment of “basic state law on Local Administration with the aim of applying the principles of budget stability, financial sustainability and efficiency in the use of public local resources”. In conclusion, the new legal framework pursued the application of Organic Law 2/2012, which develops article 135 of the Spanish Constitution, at the local level. For this purpose, in some occasions in an unorthodox manner from the constitutional standpoint, the legislator has introduced significant changes. Among them, it could be highlighted the reduction of proper municipal competences (some of them like health, social services and, to the lesser degree, education, has been attributed to the Autonomous Communities), the strengthening of the delegation of competences and the local intermediate governments (diputaciones) and, finally, the establishment of a hierarchy in exercising competences which has diminished the role of complementary and improper municipal competences.