La distribución de competencias en materia energética: bloque de constitucionalidad y jurisprudencia constitucional

Abstract

This paper analyses the allocation of competences between the state and the autonomous communities in the field of energy. First, it revisits the different legal bases of intervention that the constitution and the autonomy statutes recognise to the state and the autonomous communities in that field. Second, it studies the Spanish constitutional court¿s case-law. It must be stressed that half of the constitutional court¿s rulings in this area have been adopted in the last four years. That case-law adjudicates, for example, cases concerning the constitutionality of regional legislation on the quality of the supply of electricity, the extension of the state competence to establish the common rules in the field, and the prohibition of fracking by regional legislation.

Keywords

• competences
• autonomous communities
• common rules
• energy