Deporte, relaciones internacionales y Comunidades Autónomas: Un Análisis al hilo de la reciente jurisprudencia constitucional

Abstract

This paper examines (Spain’s) constitutional court rulings 80/2012 and110/2012. After twelve years of deliberation, the court has pronounced on the jurisdiction of Spain’s autonomous communties in the field of international sport. Although the statutes of Euskadi and Catalunya incorporate powers to compete internationally in sport, the constitutional court has constituted new powers in this area, based on three criteria: its supraregional nature, public interest and the territoriality principle. The creation of this new competence effectively sidesteps the two contested statutes by a new interpretetive ruling. The court has ruled in a way which interferes with the ability of Spain’s autonomous communties to manage their own sports’ administrations. Admittedly, it is not the constitutional courts’s job to to create this system, however, the way in which the court has ruled in favour of the state makes it practically impossibe to structure sport in a way which considers Spain’s autonomous communities.

Keywords

• Autonomous Communities
• international relations
• jurisdictions
• jurisprudence of the Constitutional Court.