Geoscience Reference
In-Depth Information
TABLE 7.1.
The Limits of the Federalization Process
State- AC (potentially)
Overlapping Domains
and Jurisdictions
(art. 148, 149.1)
State Exclusive Domains/
Jurisdictions
(art. 149.1CE).
AC Potential Exclusive
Domains/Jurisdictions
(art.148CE)
Guidelines for the general
economic activity
Public Order and Safety
Defense and Armed
Forces
General Public Finance
Fiscal and Monetary
Policy, Justice
International Relations,
including
representation before
the European Union
Statehood and
Immigration Policy
Credit, Banking and
Insurance Regulation
Foreign Trade
Transports and
Communications
Unemployment and
Pension Benefits
Authorisation to call for
a referendum
Institutional
Organization
(Executive, Parliament,
Ombudsman)
Industry
Handcraft
Commerce
Urbanism
Tourism
Agriculture, Farming,
Cattle Raising and
Stock Breeding
Social Assistance and
Social Services
Inner Fisheries (Rivers,
Lakes)
Means of Transport
(railway, roads) whose
limits are within the
AC
Culture, Language and
Research Policies
Museums and Libraries
relatedtotheAC
SHARED
JURISDICTIONS
4
:
Commercial Law
Penitentiary Law
Intellectual and Industrial
Property
Labour Law
Other Social Security
Policies
CONCURRENT
JURISDICTIONS
5
:
Administrative Law
Health
Education
Environment Protection
and Regulation
Municipalities and
Regulation of Local
Entities
Mass Media
Building Saving Societies
(art. 148). Note here that it does not say that the political capabilities and
jurisdictions listed in the article are in fact allocated to the AC.
Table 7.1
presents a summary of both articles, which set up the limits of an otherwise
open process.
Within this framework, several specific features are relevant to understand-
ing the dynamics of decentralization in Spain. First, the pace at which different
regions (AC) can access these competencies is very asymmetric. By asymme-
try of access I refer to the existence of two alternative ways to draw up an
AC's Constitution (its
Estatuto
) and, thus, set initial levels of decentralization.
4
Shared Jurisdiction: the Spanish Parliament legislates and the AC implements the legislation in
those domains.
5
Concurrent Jurisdiction: the State legislates the basic guidelines in the domain, establishing what
is to be considered basic nation-wide. Under such guidelines, the AC are entitled both to legislate
and implement their own legislation. As we shall see in coming sections, how to define what
“basic” means is a highly contested political issue.
