LA INCIDENCIA DE LA STC 31/2010 EN LA FORMULACIÓN ESTATUTARIA DE LAS RELACIONES ENTRE LA GENERALITAT DE CATALUÑA Y EL ESTADO

Abstract

This article analyses the effect of the Constitutional Court Decision 31/2010 on the statutory formulation of the relations between the Generalitat and the State, and attempts to offer a balanced view which, while not denying the dysfunctions that the Ruling may bring about and the regressive nature of its general pronouncements, also takes into account the broad validation of the techniques and mechanisms anticipated in the Statute on this matter.The Decision maintains the general discourse with respect to GEneralitat-State relations: mistrust of the statutory precepts, which provokes debatable statements, such as the appeal to a decontextualised superiority of the State, or the inclusion of unnecessary cautions to the safeguarding of state powers. It also establishes some limits, which are insuffi ciently explained and difficult to put into practice. However, at the same time, the Ruling supports the statutory formulation of relations between the Generalitat and the State, thereby consolidating a model that will be projected in the future onto the legal system and the political dialectics produced between the two bodies.

Keywords

• Autonomous State
• Statute of Autonomy
• State-Autonomous Community relations