LA POTESTAD SUBVENCIONAL EN EL ESTADO AUTONÓMICO

Abstract

The exercise of legal authority over subsidies by Public Authorities has beena permanent source of jurisdictional controversies on a constitutional scale.The persistence of conflicts relating to this is better understood at timeswhen a decrease in the number of general conflicts between the CentralGovernment and the Autonomous Communities occurs. To take an obviousexample, this is true for the VIII Legislature (2004-2008), in which the notablereduction in the total number of jurisdictional controversies formally broughtbefore the Constitutional Court is in stark contrast with the increased numberof conflicts relating to public subsidies. In recent years several pieces ofnew legislation have been passed, themselves not exempt from questions regardingtheir constitutionality, which may contribute to reducing the numberof these conflicts. For this objective to be achieved, it will be necessaryboth for the various involved regional governments to be loyal, and for theprocedural instruments that the Constitutional Court has at its disposal to bebetter used.

Keywords

• subsidies
• control of spending
• Constitutional Court
• Statutes of Autonomy
• jurisdictional conflicts