El sistema de atribución de competencias a las entidades locales en la Ley de Instituciones Locales de Euskadi

Abstract

One of the main objectives of Act 2/2016 of April 7th on Local entities of Euskadi is to devise a system of allocation of powers for the local entities in that territory. Title III of the Act is devoted to it, paying special attention to the municipality. That title distinguishes on one hand between own, transferred and delegated competences and on the other, competences different to the aforementioned which respond to the own schema of the general clause of competence. The Act combines several objectives when regulating theses types of competences. Firstly, providing the own competence with the centrality and primacy within the system, due its connection with local autonomy, setting a structure of guarantees that in connection with the affirmation of the principles of the European Charter for Local Autonomy make nowadays the Basque municipality the one with highest guarantee standards in Spain. Secondly, it regulates the transferred and delegated competences by granting them a residual position within the system. Thirdly, it guarantees the exercise of competences different to the aforementioned while fulfilling the requirements established by the Basic State regulation.

Keywords

• local autonomy
• municipality
• local competences
• types of competences