La reforma constitucional de la administración localuna propuesta de reforma para reforzar la autonomía local en el contexto de la evolución federal del Estado autonómico

Resumo

OBJETIVES 1.- Describe the general theory on constitutional reform and the different reform techniques in comparative law and in spanish historical constitutionalism. 2.- Analyze the constitutional reform procedure in the 1978 Constitution, as well as the reforms already carried out. 3.- Examine the different proposals for constitutional reform raised; and in particular, in relation to the Local Administration. 4.- Establish conclusions about whether, through a better constitutional regulation of Local Entities, it would contribute to improving the integration of the institutional set. METHODOLOGY 1.- Search of specialized bibliography. 2.- Comparative analysis in matters of historical constitutionalism and in matters of comparative law. 3.- Detailed study of current political / legal proposals 4.- Realization of complementary activities (congresses, etc.) to contrast the analysis proposed in this Thesis with the scientific community. CONCLUSIONS 1.- Reformist inaction, continued over time, can lead to the replacement of the 1978 Constitution by another, in a spontaneous and unpredictable constituent process. 2.- There are numerous proposals to reform the Constitution. In relation to the territorial organization, the proposals can be classified in those that propitiate a return to the centralized State; those that advocate a federal state; or, in a more moderate way, a deepening of the current autonomous state. 3.- A reform of the EELL in the Spanish Constitution must be prepared for when Title VIII is reformed. A territorial reform of a strictly federal nature would suppose the internalization of the EELL in the CCAA. On the contrary, a recentralization of the State would imply a reinforcement of the essential content of local autonomy. However, in this Thesis it has been argued that a more detailed constitutional development of local autonomy can contribute to the federal process of the autonomous State. 4.- The constitutional reform proposed by this Thesis consists of the constitutional expansion of the essential nucleus of local autonomy, in line with the contents of the European Charter of Local Autonomy. 5.- A list of matters to reform in the Constitution in relation to the local Administration would be: • A constitutional recognition of the “Local Entities”. • The constitutionalization of the concept of local autonomy. • The approval of a Statute of Local Autonomy. • The constitutionalization of the basic elements of the municipality, population, territory and organization; and the creation of the “Joint Town Hall”. • Introduce in the Constitution the principles of attribution of competences (proximity, proportionality, subsidiarity and universal clause of competence). • Advance in the deepening of the democratic principle, as it is in the clear separation of Government and Administration; and the introduction of direct participation formulas. • The participation of the EELL in the decision-making of other Administrations through agreement. The election of representatives of the EELL in the Senate. • The abolition of the conception of the province as a territorial division of the State, and its local nature must prevail, as an inter-municipal assistance entity. • Strengthen the principle of financial sufficiency: local tax authority; an organic law of financing coherent with the one of financing of the CCAA; eliminate the inequality of the EELL in relation to the public deficit; and the inclusion of the guarantee of maintenance of public services in small municipalities. • Strengthen the local autonomy protection system with the explicit inclusion in the CE of the Conflict in Defense of Local Autonomy, and the elimination of procedural difficulties