The constitutional guarantee of local autonomy and competences: an assessment of the Spanish Constitutional Court case law

Abstract

This article studies the Spanish Constitutional Court case law on the guarantee of local autonomy. Since judgment 32/1981 –which is the starting point of the case law–, the article updates the portrait of the Spanish Constitutional Court doctrine and explores its implications onblocal competences. After the analysis, the article makes some reflections and launches one proposal.

Keywords:

local autonomy, Spanish Constitutional Court, institutional/constitutional guarantee, basic state laws, sectoral legislation, local entities constitutionally guaranteed, municipalities, provinces, provincial councils, aspects of local autonomy (organization financing and competences), conflict in defense of the local autonomy, administrative controls over local entities, municipal competences, generic own competences, specific own competences, balancing