La reforma del régimen local: una honda transformación de las relaciones intergubernamentales

Abstract

The deep reform of local law embedded in Law 27/2013 has implied a radical transformation of interadministrative relationships in the field of the State of the Autonomies. On the one hand, the reform assigns to intermediate local governments (diputaciones) the functions of leadership, supervision and control of the municipal activity with the aim of guaranteeing financial discipline imposed by the State on the municipalities. On the other hand, the reform canalizes and conditions the relationship between the Autonomous Communities and Local entities recognized in the former Basic State Law on Local Law and each Autonomous Community Statute (limitation in the recognition of proper municipal competences; mandatory reassignments of competences, etc.). In some cases, it seems very probable that the competences of the Autonomous Communities have been violated. Finally, it is the financial relationship itself between the State/Autonomous Communities/Local entities that is at stake because of Law 27/2013 and, therefore, it could be a violation of matters reserved to Organic Laws by the Spanish Constitution (articles 135.5 and 157.3).

Keywords:

local autonomy, basic state local law, coordination, intermediate local governments (diputaciones), budget stability, financing of Autonomous Comunities, municipalities, intergovernmental relationships, financial control