La potestad de autoorganización de los entes integrantes de la Administración local. Especial referencia a los municipios de gran población
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From the unequivocal affirmation that the essence of organizational power transcends the confines of statutory law and extends far
beyond the exclusive realm of public power structures, it becomes evident that this phenomenon permeates every social entity whose organizational structure becomes indispensable. Within this conceptual framework, entities within local administration are
recognized as integral components of the established public power, thereby vested with this organizational power.
Building on this premise, an exhaustive analysis of the Constitutional Court’s case law unfolds, exploring the characteristics of selforganization both in a general context and within instances constituting the territorial organization of the State. Particular emphasis is given to those entities endowed with territorial autonomy, with a keen focus on local governance. This analysis serves as a benchmark and guiding principle for interpreting and defining the current fundamental legal framework of local self-organization. This includes clarifying its scope, content, and limits not only with regard to the direct structures of local entities but also encompassing instrumental entities created by them and the intricate relationships they establish with other administrations. Additionally, it considers the personal means they employ.
The foundational legal regime governing local self-organization comprises a universal set of regulations applicable to, in principle,
all municipalities. Moreover, specific regulations are designed to big cities (as well as a more specific provisions for the cities of Madrid and Barcelona). Basic local law provides a common organizational legal framework for all municipalities and the article will compare that with the special legal framework designed for big cities.