Derechos y libertades y Estado de las Autonomías

Abstract

The descentralization of Spain which began in the constituant process meant a new territorial model of State, in-between a federal State and a centralized one. The passage of Statutes became a legal instrument for the foundation of the Autonomous Communities and in no time the first autonomic map was done. After 2006, with the passage of new Statutes of Autonomy, the problems around the allocation of powers came up as serious, since the Autonomous Communities have assumed the power to develop the so-called social rights and that meant a projection of the constitutionally advocated Social State. This present study analyzes the problems regarding the general inclusion of theses rights within Statutes, because it might be debatable. It is true that some rights could get included into the Statutes textes even if as expression of the commitmment by the Autonomic bodies with the protection of rights with social nature. Nevertheless, the proliferation of the mentioned bills of rights within the Statutes has modulated a cast of rights with different nature which should allegedly be developed by means of the corresponding autonomic acts.

Keywords

• allocation of powers
• autonomous communities
• constitution
• rights and freedoms