Information on the Spanish autonomous system, its legal system and relations of the General administration of the state with the autonomous communities.
From the statement of Article 2 of the Spanish Constitution, which recognizes and guarantees the right to autonomy of the nationalities and regions that comprise Spain, the title VIII of the constitution establishes the territorial organisation of Spain, which consists of three levels: the state or central organization, Autonomous Communities and Local Entities.
Although in a narrow sense, the constitution of the autonomous communities became effective from the voluntary and from the outset device, since creation failed to configure the political map of the country, the result is that since 1983 the totality of Spanish territory is divided into 17 Autonomous Communities, organization which was completed in 1995 with the adoption of the statutes of autonomy for cities and Melilla Ceuta.
Basic institutional rule of each community autonomy is their status, which are configured and develop both the institutional framework own as the system of attribution of competencies, and this within the limits of articles 148 and 149 of the constitution.
Concisely, there are four types of subjects that fall many other forms of exercise competition: which belong exclusively to the state; those in which the state legislates and autonomous communities run this legislation; a third type, which corresponds to adopt the basic legislation, while its legislative development and execution corresponds to the autonomous communities; and exclusive competences of communities.
The complexity of the system and the difficulty to specify it in the ordinary administrative activity has triggered a frequent conflict which has been resolved through the jurisprudence dictated by the Constitutional court. Through this conflict resolution system, this body has played a very important role in the interpretation of the powers that correspond to the state and the autonomous communities.
The autonomic system has been made effective after the transfer of services and means of what the state available to the Autonomous Communities, a gradual process of change of secondment of more than 820,000 servants who have become dependent on the autonomous communities. From these initial media, autonomous communities have been staffed own needed to provide services and respond to them, including health care, education and social services.
But relations between the powers state and autonomist arise not only in terms of potential conflict, but also in terms of cooperation. The intersections of competence, the shared character of many of the competences materials and the need to articulate joint policies to be developed throughout the territory have driven the creation of different instruments of cooperation that makes possible the functioning coherent and efficient autonomic system. This system has been developed and consolidated gradually and bearing in mind the practice and experience. Formally may take two forms or possibilities: multilateral cooperation or sectoral, involving the state and all the autonomous communities together; and bilateral cooperation, involving the state and a single Autonomous Community. In this system has a central role the conference of Presidents and sectoral conferences.
The autonomic system cooperation has a special organization to meet matters arising from the process of Community integration. Successive reforms of the EU treaties have increased the powers of the European Union, which affects the internal system of competence. To meet this new need to be articulated a system of autonomous participation in cases where the Community proposal fits on competencies or affects the interests of the autonomous communities. Similarly, generalization of autonomous foreign activity has forced to arbitrate coordination instruments to ensure coherence and lace this activity in the jurisdiction in international relations belong exclusively to the state.
Finally, the attention of the services provided by the Autonomous Communities requires some financial resources that are periodically reviewed and that have been effected through successive agreements on the funding model, still in force today the agreed in 2008. The successive systems have course various modifications and adaptations to a changing reality and have been adopted under the autonomous communities have new responsibilities and should meet new public services.