Geoscience Reference
In-Depth Information
at harmonizing the decentralization process, the LOAPA (
Ley Organica de
Armonizacion del Proceso Auton omico
). This law was the first major event
in the tension between harmonization and asymmetries. It created a conflict
about the real meaning of the process of decentralization. As an answer to this
conflict, the Constitutional Court formulated two far-reaching qualifications of
the notion of autonomy. In its ruling 37/1981, the Court legitimated differences
in the way citizens are treated by the different realms of power. Civil rights are
regarded as the only field in which absolute equality must be guaranteed. Sub-
sequently in its ruling 73/1983, it overrode most of the LOAPA and established
that the
Estatutos de Autonomia
(AC Constitutions, henceforth referred to as
EA) enjoyed a constitutional status well above ordinary legislation. Autonomy
was constitutionally protected thereafter (Aja
1999
: 65).
The First Autonomous Agreements had further consequences. They ended
the first phase of federalization, and autonomy became embodied in the newly
elected institutions. Following the elections on May 8, 1983, thirteen new
regions (ACs) were finally on stage. The decade 1983-1993 was marked by
a process of expansion and consolidation of the Estado de las Autonomias,
mainly driven by the three consecutive governments of Felipe Gonzalez who
benefited from an absolute majority in Parliament (see PSOE in
Table 7.2
).
Most of the intense transfer of power activity during this period involves
the construction of regional political institutions and administration, as well
as the shifting of some elementary services formerly provided by the central
government to the regions. After 1986, the process slows down significantly.
In the particular case of the Basque Country this is very much related to the
issue of violence. For the rest of the ACs it just indicates an intensification
of institutional conflict between several levels of government. As a result, the
Constitutional Court had to assume the key political role of resolving many
of the open aspects of Spanish federalism during these years. Levels of tension
about who had the right to do what rose rapidly during the mid-1980s. The
strong parliamentary majority of the socialists during this period facilitated
bringing issues to the Constitutional Court, if bilateral exchange failed. If the
disagreement was about legislation approved by either level of government
and the other disagreed, the expected outcome was an appeal questioning the
constitutionality of the law. Conflicts involved some of the most important
policy fields, such as education, environment, and health. Not surprisingly, the
high number of conflicts between 1983 and 1991 introduced significant delays
in the development of programs in these fields and, in turn, in the overall pace
of the decentralization process.
At the end of the period socialists (PSOE) and conservatives (PP) shared
the view that the level of instability generated by several unresolved issues, the
increasing demands for further decentralization in those AC (art. 143CE) that
were gaining autonomy at a slower pace, and the practice of bilateral exchanges
demanded some sort of coordinated reaction by the two country-wide parties.
As a result, the Second Autonomous Agreements (
II Acuerdos Auton omicos
)
were adopted.
