BILATERALITAT I MULTILATERALITAT. LA PARTICIPACIÓ DE LA GENERALITAT EN POLÍTIQUES I ORGANISMES ESTATALS, I LA COMISSIÓ BILATERAL

Abstract

In the light of the Statute of Autonomy of Catalonia (SAC) and the Ruling31/2010 of the Constitutional Court, this article analyses two main aspects:the participation of the Government of Catalonia in Central Government’sinstitutions, decision and policy-making processes, and the Bilateral Commission,the collaboration mechanism established between the Governmentof Catalonia and Central Government. First of all, the article approaches theprinciple of bilateralism and its constitutional accommodation. Secondly, itstudies the mechanisms of collaboration and participation stipulated in theSAC, starting by the participation of the Catalan Government in the appointmentof members of constitutional institutions. Thirdly, it analyzes theparticipation of the Catalan Government in Central Government’s. Fourthly,it analyzes the intergovernmental collaboration channeled through the BilateralCommission. As for the participation of the Government of Cataloniain Central Government’s institutions and policy-making processes, the articlehighlights that the Ruling has reinforced the idea that the SAC cannotestablish a mandate limiting the powers of the Spanish Parliament. This interpretationand other limitations expressed in the Ruling (such as the interpretationthat autonomous communities’ participation within Central Government’sinstitutions cannot take place within decision-making organs, butonly within consultative and advisory institutions) have distorted the willingness and effectiveness of the SAC mandates, which, actually, have becomesimple principles. As for the role and workings of the Bilateral Commission,the Ruling, again, despite its limited real effects, actually has weakenedboth the position and margin of action of the Catalan Government.

Keywords

• Spanish Territorial Organization
• Statute of Autonomy of Catalonia
• Intergovernmental Relations
• Bilateralism Principle