La distribución de competencias entre el Estado y las Comunidades Autónomas en materia de educación universitaria: el alcance de la autonomía normativa y organizativa de las universidades públicas en la LOSU

Abstract

The Constitutional Court has considered university autonomy as a fundamental right, the ownership of which corresponds to the universities. This work analyzes some of the elements that make up the content of this right based on its development by the recent Organic Law 2/2023, of March 22, of the University System (LOSU). Specifically, the scope and limits introduced by theLaw on the regulatory autonomy of public universities or the power to develop their Statutes and internal regulations and on their organizational autonomy or capacity to provide themselves with an adequate institutional structure to fulfill their functions. The work also examines the complex system of allocation of powers between the State and the Autonomous Communities in the shared field of higher education and its impact on the autonomy of universities.

Keywords

• higher education
• autonomy of universities
• powers of the state and autonomous communities
• university organization