LA LEY DE PROMOCIÓN DE LA AUTONOMÍA PERSONAL Y ATENCIÓN A LAS PERSONAS EN SITUACIÓN DE DEPENDENCIA: UNA REFLEXIÓN DESDE LA PERSPECTIVA COMPETENCIAL

• Main Author: Iñaki Lasagabaster Herrarte
• Format: Article
• Language: Catalan
• Published: Institut d'Estudis de l'Autogovern 2007-04-01
• Series: Revista d'Estudis Autonòmics i Federals
• Subjects: CCAA; subcentral competences; social assistance; central legislation; social welfare; financial law|and public funding; competence distribution central-subcentral
• Online Access: http://www10.gencat.cat/drep/binaris/reaf4_Lasagabaster_tcm112-59982.pdf

The law of dependence responds to a social policy that up to now fell underthe category of social welfare policies, but which from now on will be coveredby mainstream policy. In other words, these are policies that are applicablefor formulating rights that have been stipulated as subjective rights,which are completely claimable by the people recognised within them. Thelaw has undergone subsequent amendments that have established the exactcontent of these rights, the ultimate development of which has raisedmany questions. We must not forget that social policies are a responsibilityof the autonomous community, and this law is only a partial regulation ofthe rights of the people living in an independent political environment. Thismeans that the hypothetical aspects and practical consequences of the lawcannot be established until they are amended. This implies a mechanism forinter-administrative collaboration which could in turn prove to be problematicfrom an operational perspective. Of the many questions that the law provokes,this article has aimed to limit itself to problems associated with responsibility,particularly in relation to art. 149.1.1 CE, without forgetting thekey question of finances and the aforementioned mechanisms for inter-administrativecollaboration.