L’organització territorial i el règim jurídic dels governs locals catalans: alguns elements per a un ple desenvolupament institucional en clau local

Abstract

The territorial organization of Catalonia, its local legal systems and its financing have been key elements in the history of the country. Since the creation of the Catalan politic system, it’s has tried to have the liberty necessary for develop his basics legal instruments since this Catalan government footpath, with origins between 900 and 1000 AC, is an institutional fact until the Decrets de Nova Planta, from 1714 onwards. Since then, due to the political, institutional and juridical unification with Castilla, the subsequent Spanish constitutionalism and the 19th provincial division in 1833, Catalonia does not possess neither an own legal system to define its own local territorial pattern nor an own financial system. During the period of the 1914's Mancomunitat de Catalunya, the inclusion of an own legal and financial system was tried, but the dictatorship rapidly cancelled them. Furthermore, during the raising of the II Catalan Republic and the district and veguerial division, a incorporation was tried again for the last time, but the military uprising in 1936 did not permit its development. It will be with a recovery of freedoms that a model will be defined based on the Spanish constitution of 1978 and the Estatut of 1979. However, the jurisprudential setting-up of the Tribunal Constitutional of 1981 will difficult its potential implantation. From a legal and financial point of view, the centralist movement has not facilitated the process. With the implantation of the Estatut d’Autonomia de Catalunya of 2006, the situation seemed to be changing, but after a controversial final approval process and the STC 2010, it has been shown that the process is just starting. In the last few months, it has been confirmed that, due to the unavailability of a local rule which develops the Estatut de Catalunya of 2006 robustly, a new local reform state law has been imposed, named LRSAL. This law denies the reality of the Catalan local governments and places the province as a reference element in prejudicial of many villages, based on economic and centralist criterion, instead of democratic ones. Nowadays, a necessary redefinition of the Catalan local system is about to be implemented; a model that will be either centralist for the first years or at the Parlament de Catalunya disposition, i.e. through the creation of a new Estate or through the development of a new Catalan territorial system, both legal and financial. And we believe it is not possible to build a new local model without interrelate, and it gradually, the reality of the territorial plant, the legal and jurisdictional delimitation and definition of their local governments, and the balance of its financial system. Summing up, this report justifies the origins of this situation and, especially, shows the basics to define the local governments of the 21st century. In addition, it is a real fact that Catalonia will be mightier once all its local governments are completely established.

Date of Award	10 Jun 2015
Original language	Catalan
Supervisor	Judith Gifreu Font (Director)