Reflections upon the New Competence System derived from the Draft Law on Rationalization and Sustainability of Local Authorities in Spain.

Abstract

This piece of work has the goal to approach the new competence system penned by the Draft Law on Rationalization and Sustainability of Local Authorities in Spain, for the purpose to analyze its strengths and weaknesses. Knowing the essence of the text, we consider its study relevant since it deals with one of the regulation reforms aiming at achieving the State’s sustainability, also because of its big impact, given that its contents haven’t left anyone cold. Having said that, its study is important so as to establish whether the new regulation of the municipal competence —originating from article 135 of the Spanish Constitution and from the necessary budget balance implied— respects the principle of local autonomy self constitutionally validated. In other words, one thing is that the spirit behind the reform is of a mainly economic nature, and quite another thing is that the principle may apply the own local reality over its own constitutional configuration. Such and further questions are the purpose of study of this piece of work, warning us that the suggested pattern presents a clear intention to obtain the rationalization of the local government, to clarify its competence system and to better its legal conviction and rule consistency.