Consolidation of the Advisory Councils in Spain and their role as Guarantors of Autonomy

Original title: Consolidación de los consejos consultivos en España y su papel como garantes de la autonomía

Abstract:

This paper analyzes the process of creating and consolidating advisory bodies as an important display of the deployment of the government of autonomous regions and the decentralization of power in Spain. The foundations for this process lie in the powers of self-organization vested in the autonomous communities, as constitutional case law, described in the first part, has on occasion asserted. After emphasizing the need for these bodies to be endowed with some specific characteristics guaranteeing their technical competence, their independence and their objectivity as a prerequisite for legitimacy, this paper analyzes thework carried out by the advisory bodies of the autonomous communities and their participation in legislative, executive and administrative functions. Special attention is paid to the role of advisory councils as «guardians of autonomy.» In this sense, the paper refers to the defense of a broad understanding of the legitimization of the governments of autonomous communities in appeals alleging unconstitutionality. It also makes reference to the strict interpretation of the concept of «basic norms» and to advisory body legal opinion regarding the scope of the so-called horizontal titles.

Authors:
Juan Cano Bueso

Section: Monographic

Català Castellano



Key words: advisory function - advisory councils - powers of self-organization - State of autonomous communities - autonomous communities - decentralization - defense of autonomy - basic norms - powers - horizontal titles