Autonomic Law: Institutions and Competences in Spanish Autonomous Communities, Apuntes de Derecho Constitucional

¡Descarga Autonomic Law: Institutions and Competences in Spanish Autonomous Communities y más Apuntes en PDF de Derecho Constitucional solo en Docsity! AUTONOMIC LAW AR INSTITUTIONS AND COMPETENCES Institutions of the autonomous communities: • The SC has, for special regime regions, set a tripartite system (art.152.1) that later became widespread: • -A Legislative Assembly • -A Council of Government, whose President is to be elected by Assembly members and appointed by the King. • -A High Court of Justice, as head of the judicial organization within the autonomous community. Autonomous Parliaments • The Statutes approved by Section 151 procedure must have Legislative Assembly, the remaining Autonomous Communities do not necessarily have to have an Assembly nor legislation. This provision is silent on the issue of composition and institutional organization. • Duties and powers of the Assembly: • Legislative, in matters falling within their exclusive competence, and subjects in which legislative development is envisioned. • Regulatory powers: emphasizes law reserve for some matters, the distinction between ordinary and qualified majority legislation, and the recognition of the autonomous decree-laws. • Budget functions • Election of the President of the autonomous community • Control function • Others attributed to them by their EA and SC: e.g.: • Designation of regional Senators • Legislative initiative at the State level • Filing an appeal of unconstitutionality Executive bodies • The President: Section 152.1 determines that the President assumes leadership of the Executive Council • Parliamentary election of the President: if confidence is not obtained: dissolution of Parliament and new elections are foreseen, but some EA provide for automatic designation of the most voted candidate • The President is elected by Assembly members. • Functions: - Government - Representation • Executive Council: the supreme representation of the Community • The President and the members of the Executive Council are politically accountable to the Assembly. Functions: • (A) Executive and administrative • (B) constitutional challenge • ((C) others attributed by the EA or the SC: the Valencian EA: gave rise to conflicts of jurisdiction concerning Section 161.1.c) • Relations between the Executive and Legislative powers can be typical of “presidentialism” or “parliamentarianism”: political accountability to the Assembly and Parliamentary control techniques can coexist. The Judiciary • No bodies of its own: the PJ has a unique nature • The EA configured a territorial organization that concludes with the TSJ (a High Court of Justice); Subsequently, the adoption of the Judiciary Organization Act extended this organization to all regions. • The TSJ are organized in three divisions: one for civil and criminal matters; another for contentious-administrative matters, and the last one on employment (social) matters. • The Autonomous Communities may assume competence for administering justice. - Valencian EA: • Creates the Council of Justice of the Valencian Community • The collaboration between the TSJ and the competent division will be established through a Joint Commission. • It is up to the Generalitat: • Exercise, within the Valencian Community, the faculties which the Judiciary Organization Act to recognizes or attributes to the Government • Fix territorial demarcations • Contribute to the org. of customary and traditional courts • Provide personal and material means • Organize free legal aid and services, directly or with the cooperation of bar associations. 2. Other Institutions and control. • The Statutes of Autonomy not only establish institutions of self-government, but also other relevant statutory bodies: formalized in subsequent reforms, or if there is no reserve, its existence is guaranteed by regional law. • Features: 1