Las relaciones intergubernamentales en el nuevo estatuto de autonomía de Andalucía

• Published in: Revista de derecho político 2007-09 (70), p.181
• Main Author: Alles, José Joaquín Fernández
• Format: Article
• Language: eng ; spa
• Subjects: Constitutions; Cooperation; Federalism; International relations
• ISSN: 0211-979X; 2174-5625
• DOI: 10.5944/rdp.70.2007.9031

The territorial system of 1978 (Tittle VIII) is based on a constitutional principle, according to which it is up to the different territories to start and to continue the processes of autonomic and to include in their statutes, through consecutive reforms, theirs respectives issues and level of competences. But while the intergovernmental relations are constantly changing in federal comparative system from half-century ago, the constitutional theory in Spain has not advanced in this matter. Although the Spanish Constitution does not formally create a federation, but the State of Autonomies has led to gradual approachment to Federal State. In Spain, the federal argument is not essential to the debate over the powers of several governments, so the bilateral fiscal and political negotiations between historic communities and the State, but the understanding the impact of intergovernmental relations between the State, autonomic powers and local levels is very important. In this context, after the referendum of 18 February 2007, called by Decree 2/ 2007, of 16 January, issued by the President of the Autonomous Government, after its publication in the Official State Gazette (BOE) and in the Official Journal of the Autonomous Government of Andalucía (BOJA), the new Statute of Autonomía (Organic Law 2/2007 of 19 March) has came into force, including a new issue: the intergovernmental relations (Tittle IX Institutional relations). This Organic Law and other laws establish the promotion of collaborative mechanisms in the sectors which have relationships with the State, with others Autonomous Communities, with the local levels and with the European Communities, in which the competences of the these public administrations might converge. Literally hundreds of convenios de colaboración cut across numerous domestic arenas; agriculture, fisheries and fishing, health, social services, labor, culture, and many more. These convenios bring together central, autonomies and sometimes local officials to work out issues. There are also sectoral conferences, comprised of central ministers and autonomics ministers, to discuss major issues within their area, e.g. in environment, public works, tourism, culture, education... Also a Conference of Presidents brings together the First Minister and Presidents of Autonomies. All of these mechanisms are designed to involve large numbers or all autonomies in the intergovernmental relations process, thus discouraging bilateral relations. Howe