El traspaso de funciones y servicios del Estado a las Comunidades Autónomas bajo el Gobierno de coalición progresista PSOE–Unidas Podemos en la XIV legislatura estatal (2020-2023)

Abstract

The procedure for transferring functions and services from the General Administration of the State to the Autonomous Communities constitutes a fundamental tool to make effective the allocation of powers as provided for in the Statutes of Autonomy and the Constitution. Each transfer requires bilateral negotiation and the final agreement of the competent Joint Commission on Transfers (CMT), through technical work with legal, administrative and financial implications. The transfer process¿ evolution is often due to temporary factors of political opportunity. This article addresses the period of the 14th State Legislature, in order to analyze the territorial and material distribution of the transfers agreed between the State Government and some autonomous governments, as a quantitative and qualitative balance of that stage, while pointing out the causes, more institutional than technical, that condition their achievement. At the same time, it identifies different technical-legal features of the negotiated transfers (such as typology, associated means, etc.) and offers insights into the work dynamics of the different CMT. From the detailed analysis of the transfers approved during the 14th Legislature, it emerges that no agenda for the completion of the pending transfers has been deployed that conforms to the statutory powers or the logic of a decentralized state.

Keywords

• bilateral negotiation
• effective cost
• joint comission on transfers
• transfer
• competence legal basis