The evolution of the shared competence bases-development

Abstract

Abstract:
In this paper, the evolution of shared competence in Spain is analyzed, when the State has to establish the bases in a subject and the Autonomous Communities the normative development and execution. The material conception of the bases was conceived as a guarantee for the exercise of autonomic competence in the case of state inactivity. Therefore, it had a temporary character. However, in practice it has become a channel that allows the State to exhaust the regulation of matter. This situation has been consolidated after the judgement of the Constitutional Court on the Statute of Autonomy of Catalonia as soon as the limits that until that moment had put to the state legislator to determine the bases in a matter of shared competence have been eliminated. In this context, a reconfiguration of the way to determine the bases of the State is proposed, with the participation of the Autonomous Communities.