Genealogy of Article 149.1.1 of the Spanish Constitution: Parallelisms, Overlaps and New Uses

Abstract

The tension between the equality of citizens and the autonomy of regions continues to be a topic of debate in decentralised states. In this context, the clauses that allow the central government to interfere in jurisdictions that are not its own in order to achieve certain objectives (equal rights and duties, the essential level of benefits, or uniformity in living conditions) are still unclear elements that can disrupt the system of distribution of powers as a whole. This article analyses this problem in Spain, Italy and Germany, with a special focus on the confusion caused by Article 149.1.1 of the Spanish Constitution (CE in Spanish) in our system: both in relation to its overlap with other jurisdictions and its abuse. Therefore, this paper reviews the use of Article 149.1.1.1 CE, accompanied by the Constitutional Court’s interpretation of it and concludes with some guidelines for its current application.

Keywords

• distribution of powers
• political autonomy
• equal rights