State competence on student grants: basis and scope

Abstract

Abstract:
Scholarships are classified in the Spanish legal system as public subsidies. This paper argues that it would be more appropriate with our constitutional framework to confer them the consideration of public benefits, financed by Publics Budgets. The review of the legal nature of student grants would have important consequences: on the one hand, Law should rule the content of the right to obtain these public benefits, in a similar way to other areas of Administration. On the other hand, the Constitutional Court may review its position on the distribution of the competences between the State and the Autonomous Regions, by calling the rule 1 of article 149.1 of the Constitution.