A complex model for distributing competences that requires further safeguards

Abstract

The distribution of competences between State and Autonomous Communities in Spain has recently undergone a number of major changes resulting from the reform of the Statutes of Autonomy. The present article seeks to show that the bulk of the criticism aimed at these new laws and at Constitutional Court jurisprudence is in fact due to the actual model of power distribution to emerge from our territorial organisation. This is based on a power sharing system that, amongst other difficulties, leads to a strengthening the Constitutional Court's role as guardian of territorial pluralism. In order to avoid such a situation, other procedural safeguards could be adopted that, whilst maintaining their legal status, might integrate the will of the Autonomous Communities within the State through Parliament.