Economic crisis and strengthening of the regulatory powers of the Executive

Abstract

Within the context of the global economic crisis basic tenets of Spanish Law have experienced extensive reformation. The end result has been a strengthening of the regulatory powers of the executive at the expense of parliamentary law. In particular, at the national level in Spain, weare seeing an unprecedented increase in the number of executive decrees which, once drafted into bills, are processed by emergency procedure. This «emergency» has been imposed in the policy / legislative action. In the recent statutory reform process in the area of the Autonomous Communities, legislative decrees were incorporated in eight of the seventeen Autonomous Communities. The present article focuses principally on the figure of these autonomic Decrees which have come to light in the context of an economic crisis that has led to wasteful use of this legislative resource without its adjusting its function and its guarantees within the Spanish legal system.Published online: 25 November 2014

Keywords

• decreto-ley
• decreto-ley autonómico
• crisis
• fuentes del derecho
• gobierno