La reforma del artículo 135 de la Constitución y su incidencia en la Ley del Concierto

Abstract

This study analyzes the consequences to the amendment of section 135 of the Spanish Constitution in the light of its immediate legal background and of Constitutional Court judgment number 134/2011 and it concludes that that amendment has not altered the regime of allocation of powers between State and Autonomous Communities nor admits its qualification as autonomous source of powers. It also examines the consequences of the amendment of section 135 within the Autonomous Community of Euskadi by understanding that the organic act to be enacted as implementation of that amendment will have to include an exception referred to the Foral Treasuries. Finally, it advocates the thesis that a correct interpretation of the constitutional amendment is compatible with the consideration of the Historic Territories as if they were an Autonomous Community.

Keywords

• act on the fiscal agreement between foral territories and state
• first additional provision to the spanish constitution
• section 135 spanish constitution
• title viii spanish constitution