LA PARTICIPACIÓ DE LA GENERALITAT EN L'EXERCICI DE COMPETÈNCIES ESTATALS A L'ESTATUT DE 2006: LES INFRAESTRUCTURES DEL TRANSPORT

The Statute of Autonomy of Catalonia has on the one hand reinforced theidea of exclusive powers, and on the other, is clearly committed to promotingmechanisms of co-operation and participation in the exercising of powers.The article focuses on a study of the Catalan Autonomous RegionalGovernment...

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Bibliographic Details
Main Author: Mercè Corretja Torrens
Format: Article
Language:Catalan
Published: Institut d'Estudis de l'Autogovern 2007-10-01
Series:Revista d'Estudis Autonòmics i Federals
Subjects:
Online Access:http://www10.gencat.cat/drep/binaris/reaf5_Corretja_tcm112-66371.pdf
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Summary:The Statute of Autonomy of Catalonia has on the one hand reinforced theidea of exclusive powers, and on the other, is clearly committed to promotingmechanisms of co-operation and participation in the exercising of powers.The article focuses on a study of the Catalan Autonomous RegionalGovernment's technique of participation in exercising state powers. This participation,unlike inter-governmental co-operation, respects the state-basednature of the power but introduces a mechanism of flexibility in exercisingit. It is based on a bilateral agreement, expressed by the Statute as an agreedregulation and refers the specification of the mechanism (reports, agreements,bilateral bodies, associations) to the State. At the same time, it reflectsthe democratic principle linked to the right to representation and apublic hearing which pertains to the Catalan Autonomous Regional Governmentinsofar as the exercising of state powers may affect its sphere ofpowers.The Statute of 2006 elaborates on the use of this mechanism, and in particular,on powers relating to transport infrastructures, where instead of rigidity in the application of constitutional criteria (classification as of generalinterest, territorial scope and effect on another Autonomous Region)formulas that are more respectful of autonomous regional powers areproposed and these are those that in many cases had been applied in practice.
ISSN:1886-2632