La utilización del poder subvencional del Estado en el marco de la asistencia social

Abstract

This article analyzes the scope of the spending power by the Central State within the field of social assistance. To that end, it is described the development of the autonomous competence within the State territorial descentralization in order subsequently to itemize the Constitutional Court case law delivered during the last years regarding the use of the power to subsidize. The article concludes that there has been a significant change in the criteria regarding the territorialization of subsidies as stated by the Constitutional Court judgement 13/1992. This change means the decoupling of the call for subsidies from the powers by art. 149.1 C and a reinterpretation of the territorialization criteria in the field of aids in terms of centralization allocating to the field of the exclusive competences the rule established for the shared competences. But from a broader sense the criteria of the competence as a guiding criteria for the disposal of spending by the State has been substituted for a wider and broader criteria according to whom legal functions belong to the State and management functions to the Autonomous Communities. This rule applies regardless of the field of the aid is a shared or exclusive competence.

Keywords

• exclusive competences
• social assistance
• social services
• spending power
• territorialization of subsidies