IEA Newsletter

ISSN 2013-2700

.: October 2009

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© Institut 
d'Estudis Autonòmics
  Palau Centelles 
Bda. de Sant Miquel, 8 
08002 Barcelona 
+34 933429800  

bea@gencat.cat
   
 
  Recent Developments in Self-Government in Spain  
  Events Organized at the IEA  
  IEA Publications  
  Documentary and Bibliographic Holdings  
  Recent Publications of Interest  
 
Recent Developments in Self-Government in Spain
 

 

Last year we launched a new, though modest, project to provide through our Newsletter and our Website, basic political and legal information about each Autonomous Communities. Our objective is to smooth the difficulties that international researchers may have in searching for basic but essential data and information about each Autonomous Community. In this sense, each issue of our Newsletter contains in its first section at least a couple of short articles on recent events and debates on the development of self-government in Spain , together with relevant links and other sources. In our Website, through our clickable political map, researchers can have access to the Autonomous Communities' Political Facts Sheets, containing information in English and for an international audience about the government, parliament, political parties and events for each Autonomous Communities.

We have made an effort to improve, update and add more information to the contents of these Political Facts Sheets. We aim at providing updated information but also at creating a pool of resources for each Autonomous Communities.

So, what is new in each Facts Sheet?

. Updated basic political information with links to the governments, parliaments, recent regional electoral results and legal resources.

. All the departments of each Government and Administration with links to their official websites.

. A document containing information about the different governments of each Autonomous Community from the early 1980s to nowadays (type of government, parties in government; resignations, etc.).

. Additional information about the processes of reforming the different statutes of autonomy: proposals, definitive texts; voting results at the different parliamentary stages; appeals brought against the Constitutional Court - which, who, what); results of the referenda, etc.

. A section with all the IEA Publications and other documents that have dealt with the specific Autonomous Community. We are linking allarticles appeared in our Newsletter to each Facts' Sheet, so readers can have a background pool of resources easily.

. And finally a link to the regional official statistics institute and to the main state-wide and regional press.

Send us your suggestions. We will be very happy to explore the possibility of adding other items of your interest!!!

 
 

 

Coming political events

 

The Constitutional Court Ruling on the Catalan Statute of Autonomy

Three years after the new Catalan Statute came into effect and after three years of debates, the Spanish Constitutional Court is apparently about to decide on the several unconstitutional appeals brought against large parts of the former. As it is well known, the process to reform the Catalan Statute of Autonomy and the contents of the latter aroused great agitation throughout the territory.

The Court has to solve seven very uneven unconstitutionality appeals. The two largest ones put into question more than 100 sections of the statute, and were brought to the Court by the Popular Parliamentary Group at the Congress and the Spanish Ombudsman. The other five appeals were submitted by the Governments of Murcia, La Rioja, Aragon, Valencia and Balearic Islands, and contest altogether less than 10 sections.

In spite of the appeals, the Court did not stop the implementation of the statute, so during these three years, the Catalan Parliament has enacted several acts developing and deploying its contents. Should there be a restrictive ruling of the Constitutional Court, it would lead to a severe political and legal upheaval. That is why many voices ask for an interpretative ruling.

There has definitely been enough time for betting and not only on the resolution, but also on the internal divisions between the members of the Court that have brought the latter to a complete stalemate affecting as well its 1/3-members renewal.

 

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Latest News

 

Reform of the Spanish Regional Financing System

On the 15th of July the Council of Fiscal and Financial Policy (CFFP) finally reached an agreement on reforming the Spanish regional financing system. The CFFP, a multilateral intergovernmental forum on regional funding was set up in 1981 aiming to create constant relations between the Central Government and all the Regional Governments and the Autonomous Cities of Ceuta and Melilla .

This meeting held in Madrid was the result of a laborious process of negotiation started one year ago, when spurred by the new financing regulations established in the reformed Catalan Statute of Autonomy of 2006, the other Autonomous Communities joined in the negotiation process. The process had, thus, a bilateral start and a multilateral end.

Negotiations started on the 15 th of July 2008 when the Spanish Economy Ministry published the fiscal balances of the Autonomous Communities after years of not doing so, showing the inequality between the tax contribution and the funding distribution in between regions.

It definitely has been a tough negotiation, where all governments kept going on unable to reach an agreement on the different established deadlines. The debate on whether negotiations should be dealt with from a bilateral or a multilateral approach was one of the most controversial issues of this process, together, of course, with the numbers, that is, the total amount of income to receive. The model reform proposed by the Spanish Government did not satisfy the Catalan demands on the total amount of income that the Catalan Government had to receive. The process seemed to be confined to another political deadlock. However and maybe helped by the reshuffle of the cabinet, the governments managed to unblock it. Mrs. Elena Salgado replaced Mr. Pedro Solbes in the Ministry. Before the reshuffle Mrs. Salgado was the Minister of Public Administrations, so her post was taken by Mr. Manuel Chaves, the, until then, premier of Andalusia. Both new-in-the-post ministers led the negotiation process from that moment aiming to give fresh air to the process. Finally, after several controversies, the last proposal of the Central Government was accepted.

[+]

Sources:

Website of the Catalan Treasury Ministry (in Catalan)

Document by the Spanish Treasury Ministry explaining the new model of financing (in Spanish)

 
 

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Debates

 

Which are the identities of the Spanish citizens? If you want to know which is the preferred model of regional organization, or the subjective national identity, or the definition of each autonomous community as a region or as a nation, or the opinion of Spain on different matters, click the links below.

1- Spanish Model of Territorial Organization

  • State with a Central Government with no Autonomous Communities.
  • Autonomous Communities like nowadays.
  • State where Autonomous Communities would have higher autonomy than nowadays.
  • A State that recognizes the possibility of Autonomous Communities to become independent states.

Source: Centro de Investigaciones Sociológicas. Surveys # 1441; 1773; 1908; 2121; 2228; 2286; 2455; 2593; 2610; 2667; 2734.

2- Subjective National Identity

  • I only feel Spanish.
  • I feel more Spanish than from my Autonomous Community.
  • I feel as Spanish as from my Autonomous Community.
  • I feel more from my Autonomous Community than Spanish.
  • I only feel from my Autonomous Community.

Source: Centro de Investigaciones Sociológicas. Surveys # 2228; 2286; 2455; 2593; 2603; 2610; 2667; 2734.

3- Definition of Autonomous Community: Nation vs. Region

  • Region
  • Nation

Source: Centro de Investigaciones Sociológicas. Surveys # 2123; 2228; 2286; 2455; 2593; 2610.

4- Opinion on Spain

  • Spain is a state, not a nation
  • The Spanish language is a basic element of our identity
  • Even though my official documents are Spanish, I do not consider myself as a Spaniard
  • Countries have their own self-character which is expressed in episodes of their history: in Spain they would be the Cid, the Catholic Kings, the Discovery of America, among others
  • Spanish is maybe the language of the majority, but Galician, Catalan or Basque are also Spanish languages.

Source: Centro de Investigaciones Sociológicas. Surveys # 2667.

 
 

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Legal Resources

 

Recent Autonomous-Community Legislation (in Spanish)

 
  Andalusia  
  Aragon  
  Principado de Asturias  
  Balearic Islands  
  Canary Islands  
  Cantabria  
  Castilla-La Mancha  
  Castilla y León  
  Catalonia  
  Extremadura  
  Galicia  
  Madrid  
  Región de Murcia  
  Comunidad Foral de Navarra  
  La Rioja  
  Comunitat Valenciana  
 

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Agreements of the Bilateral Commissions (Central Government and the Autonomous Communities) between May and August 2009 (in Spanish)

 
 

Agreements to commence negotiations

 
  Central Government - Government of Catalonia  
 

Resolution of 5 May 2009, by the Secretariat of State for Territorial Co-operation, that publishes the Agreement by the Bilateral Commission on Co-operation between the Central Government and the Autonomous Community of Catalonia in relation to the Catalan Act 1/2009, of 12 February, on Catalan Authority of Competence.

Resolution of 29 June 2009, by the Secretariat of State for Territorial Co-operation, that publishes the Agreement by the Bilateral Commission on Co-operation between the Central Government and the Autonomous Community of Catalonia in relation to the Spanish Act 2/2009, of 31 March, on contracting loans and mortgage loans and intermediary services in order to celebrate the loan and credit contracts with consumers.

Resolution of 3 August 2009 , by the Secretariat of State for Territorial Co-operation, that publishes the Agreement by the Sub-commission for Statutory Monitoring, Prevention and Solution of Conflicts by the Bilateral Commission Government of Catalonia - Central Government, in relation to the Spanish Royal Decree 6/2009, of 30 April, on the adoption of several measures addressed to the energy sector and on the approval of a social voucher.

Resolution of 3 of August 2009, by the Secretariat of State for Territorial Co-operation, that publishes the Agreement by the Sub-commission for Statutory Monitoring, Prevention and Solution of Conflicts by the Bilateral Commission Government of Catalonia - Central Government, in relation to the Catalan Act 5/2009, of 28 of April, on the appeals against the negative qualification of those titles or other dispositions on the Catalan Civil Law requiring their inscription in a land, commercial or real state registry in Catalonia.

 
  Central Government - Government of Castilla La Mancha  
 

Resolution of 3 of August 2009, by the Secretariat of State for Territorial Co-operation, that publishes the Agreement by the Bilateral Commission on Co-operation between the Central Government and the Autonomous Community of Castilla La Mancha, in relation to the regional 2/2009, of 14 of May, on urgent measures on Housing and Land, modifying the Act on Territorial Planning and Planning Activities.

 
     
 

Constitutional Court (in Spanish)

 
   
     
 

Horizontal cooperation

 
 

On 29 June, the fourth meeting of the autonomous communities which have recently reformed their autonomous-community statutes - Catalonia, Aragon, Andalusia, Castilla y Leon, Balearic Islands and Valencian Community - was held in Valencia. Initially, their governments decided to create a working group to jointly analyse the rate at which the respective statutes should be implemented, and the main challenges. However, they have gone further, and have committed to increase horizontal cooperation. At present four meetings have been already held: the first one took place in Zaragoza, the second meeting in Seville and the third in Valladolid and there is already a fifth meeting planned to be held in Barcelona , next November 16 th .

In Valencia , three collaboration conventions on public health matters were approved. They all aim to facilitate the recognition of the professional qualifications within the Autonomous Communities. The first one establishes the recognition of food-handling certificates in order to take effect on the other Autonomous Communities. The second convention gathers the reciprocal recognition of the training of piercing's, tattoo's and micropigmentation's applicators and the third one deals with hygienic and sanitary maintenance operations on facilities with legionella risk. In addition to these signed conventions, future agreements have been discussed in relation to youth and tourism matters.

 
     
  Catalan Statute of Autonomy  
  Three Years of Developing and Deploying the Statute. An Assesment (in Catalan). Ministry of Home Affairs, Institutional Relations and Citizens' Participation.  
     
  Consell de Garanties Estatutàries (Board of Statutory Guarantees)  
 

See the Special Issue of the Journal of the General Direction of Institutional Relations of the Catalan Government on the new institution created after the new statute (summaries in English)

Issue # 18 Revista d'Activitat Parlamentària

 
     
  Proposal to Reform the Statute of Autonomy of Extremadura  
 

Last 11th of September, the parliament of Extremadura unanimously passed its proposal to reform the Extremadura Statute of Autonomy. The proposal has just been submitted to the Spanish Parliament. The latter is still debating the proposal submitted by the parliament of Castilla La Mancha.

Submitted Proposal (in Spanish)

 
 

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Web Resources
 

Institutes of Public Opinion: Opinion Surveys

 
 

Centro de Investigaciones Sociológicas (Centre for Sociological Research)

 

Barometer. May 2009

 

Barometer. June 2009

 

Barometer. July 2009

 

 

 
 

Centre d'Estudis d'Opinió. (Opinion Studies Centre) Government of Catalonia

 

Political satisfaction index. June 2009

 

Public Opinion Barometer. July 2009

 

Citizenship Perception of the Catalan Government Public Policies. July 2009

 

Political satisfaction index. August 2009

 

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  Events Organized at the IEA

Forthcoming Seminars

 

The management of public infrastructures in Spain, 21th October

The new Statute of Autonomy of Catalonia incorporates a detailed regulation in order to frame the competences on several public infrastructures of the Generalitat, and at the same time foresees different possibilities to participate in the management and decision making of the Central Government in these areas. Taking this new regulation, the object of this seminar is to analyze how this management can be developed nowadays, taking four relevant infrastructures as reference.

The speakers will be Mercè Darnaculleta i Gardella, lecturer in Administrative Law at University of Constanza; Mercè Corretja Torrens, head of the Unit for the Development of Self-Government at IEA; Josep Maria Fortuny Olivé, general assistant manager of Planning and Inspection of the Department of Territorial Politics and Public Works of Generalitat de Catalunya, and María Zambonino Pulito, lecturer in Administrative Law at University of Cadiz. The closing address will be given by Carmina Llumà Ras, general secretary of the Department of Territorial Politics and Public Works of Generalitat de Catalunya.

 

 

 
 

Citizens Participation in the Spanish Multilevel System, 18th of November

The General Direction of Citizens'Participation of the Government of Catalonia and the IEA are organizing this seminar. Participants: Josep Lluís Martí, Alfredo Galan and Joan Vintró, from the university sector and Marc Rius, General Director of Citizens'Participation of the Government of Catalonia.

The programme of the seminar will soon be available at our website.

 
 

 

 

Seminars recently held at the Institute

 

The increase in competences of the European Union and the consequences on the competences of the Autonomous Communities, 14 September

The seminar covered the subject from diverse approaches: the development of the internal market and liberalisation of services; the increase in the security, liberty and justice competences of the EU; consumer protection; research and multi-level protection of fundamental rights.

The speakers were: Professor Luis Miguel Hinojosa Martínez, professor in Public International Law at the University of Granada; Javier Donaire Villa, lecturer in Constitutional Law at the Carlos III University; Enriqueta Expósito Gómez, lecturer in Constitutional Law at the University of Barcelona; David Moya Malapeira, lecturer in Constitutional Law at the University of Barcelona and Aida Torres Pérez, lecturer in Constitutional Law at the Pompeu Fabra University. Professor Andreu Olesti Rayo, professor in International Public Law at the University of Barcelona closed the seminar.

 

 

 
 

The Autonomous Communities and the articulation of the principle of subsidiarity, 17 June

The Treaty of Lisbon aims to encourage effective application of the principle of subsidiarity, a fact that, among other things, opens up new possibilities of acting for parliaments and brings application of that principle back into the spotlight. That means it is of interest to examine, faced with the perspective of future enforcement of the Treatment, what the role of the principle of subsidiarity might be in it, what the channels would be to make it effective and, especially, how the Autonomous Communities might contribute to safeguard its application.

The speakers were been Pedro Cervilla Martínez, assistant director of Administration and Finances of the Regions Committee; Eduard Roig Molés, lecturer in Constitutional Law at the University of Barcelona, and advisor to the Presidency Cabinet of the Government of Spain; Marta Sobrido Prieto, lecturer in International Law at the University of La Coruña; Laura Huici Sancho, lecturer in International Public Law at the University of Barcelona; and Susana Beltrán García, lecturer in International Public Law at the Autonomous University of Barcelona. The final address at the seminar have been given by Andreu Olesti Rayo, professor in International Public Law at the University of Barcelona.

 

 

 

Award of the 2nd Josep Maria Vilaseca i Marcet Prize

 

The award ceremony of the 2nd Josep Maria Vilaseca i Marcet Prize and presentation of the winning works took place last 8th of July, at 12:00, at the IEA headquarters.

The prize has been awarded ex-aequo to the works:

Infraestructures aeroportuàries, federalisme i autonomia política: un estudi comparat dels reptes de la gestió dels aeroports a Espanya i Alemanya. (Airport infrastructures, federalism and political autonomy: a comparative study of the challenges of managing airports in Spain and Germany), by Mercè Darnaculleta Gardella, Professor of Administrative Law at the University of Konstanz, Germany.

La reforma constitucional del federalismo alemán. The Constitutional reform of German Federalism, by Antonio Arroyo Gil, Lawyer at the Democracy and Local Government Foundation.

 
 

 

 

Presentation of the collection "Clàssics del Federalisme" (Classics of Federalism)

 

Presentation of the collection "Clàssics del Federalisme" has been held at the IEA headquarters. The idea of the collection is first time translation to Catalan of historically fundamental works on Federalism, that will be accompanied by studies of each work and its author prepared by leading specialists in the subject. Within the collection there will also be collective works with contributions from contemporary authors, allowing the study of the problems an prospects of federalism or, specifically, contemporary forms of federalism. With this double focus, IEA wishes to cover an existing shortfall in the spheres of legal and political sciences literature in Catalan, while offering to the specialised reader works that, until now, were only available in their original language, or in Spanish translations that are often already out of print. At the same time, the secondary aim is to promote the preparation and spread of Catalan-language studies of contemporary types of federalism.

 
   
 
IEA Publications
Revista d'Estudis Autonòmics i Federals (REAF) (Journal of Regional and Federal Studies)
 

Issue # 9 will be available soon. You can consult the previous numbers on the web page of the REAF.

Researchers who wish to send originals may do so by electronic mail to: reaf@gencat.cat. The articles undergo anonymous evaluation (double blind system).

 
 

 

 
Recent publications
 

El Federalista
Alexander Hamilton, James Madison, John Jay
Preliminary study by John Kincaid
"Clàssics del Federalisme" Collection

Govern Federal
K. C. Wheare
Preliminary study by Michael Burgess
"Clàssics del Federalisme" Collection

Liberalisme polític i democràcies plurinacionals
Ferran Requejo, Miquel Caminal (eds.)
"Clàssics del Federalisme" Collection

Las relaciones intergubernamentales en el Estado autonómico. La posición de los actores
Xavier Arbós Marín (coord.), César Colino Cámara, María Jesús García Morales, Salvador Parrado Díez
" Institut d'Estudis Autonòmics" Collection # 64

 
 

 

 
Forthcoming Publications
 

El federalismo canadiense contemporáneo. Fundamentos, tradiciones e instituciones
Alain G-Gagnon (dir.)
IEA - Tirant lo Blanch - Université du Québec

El plurilingüisme a la Constitució espanyola
Seminari. Barcelona, 18 març 2009
Giovanni Poggeschi, Xabier Arzoz, Jaume Vernet, Joan Ramon Solé, Antoni Milian
"Institut d'Estudis Autonòmics" Collection # 65

Descentralització, asimetries i processos de resimetrització a Europa. Bèlgica, Regne Unit, Itàlia i Espanya
Ferran Requejo (ed.)
"Institut d'Estudis Autonòmics" Collection # 66

Dret a l'habitatge i servei públic d'allotjament català?: El desplegament de la Llei del dret a l'habitatge de Catalunya i els problemes de constitucionalitat de determinades actuacions estatals
Seminari. Barcelona, 17 abril 2009
Juli Ponce (coord.), Gerardo Ruiz-Rico, Patricia Salkin, Domènec Sibina
"Institut d'Estudis Autonòmics" Collection # 67

 
 

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  Documentary and Bibliographic Holdings
 

Documentary and Bibliographic Collection data base search

 

Novelties concerning all the documentation in the Collection

 

Summaries of articles in Spanish journals

 

Summaries of articles in foreign journals

 

For any queries concerning the data base of the Documentary Collection, contact Ms Maite Batalla (mtbatalla@gencat.cat – Telephone 933 429 806).

 
 

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  Recent Publications of Interest
 

Does Decentralization Enhance Poverty Reduction and Service Delivery?
Ahmad, Ehtisham; Giorgio Brosio. United Kingdom: Edward Elgar Publishing Ltd, 2009

Canada: the State of the Federation 2006/07. Transitions: Fiscal and Political Federalism in an Era of Change
Allan, John R.; Thomas J. Courchene; Christian Leuprecht. Canada: Queen's University, 2009

Théorie de la Fédération
Beaud, Olivier. París: Pr. Univ. France, 2009

Fiscal Federalism: Principles and Practice of Multi-Order Governance
Boadway, Robin; Anwar Shah. Cambridge: Cambridge University Press, 2009

La planificación territorial en Gran Bretaña. Especial referencia al sector turístico
Bouazza Ariño, Omar. Navarra: Civitas. Institute for the Study of Civil Society, 2009

Los consejos de garantía estatutaria
Carrillo, Marc. Madrid: Fundación Coloquio Jurídico Europeo, 2009

La autonomía financiera de las Comunidades Autónomas en materia de gasto público
Casana Merino, Fernando. Madrid: Editorial Civitas, 2009

Smog Check: Science, Federalism, and the Politics of Clean Air
Eisinger, Douglas S. Washington: RFF Press, 2009

¿Hacia otro modelo de Estado? Los socialistas y el Estado Autonómico
Fajardo Spínola, Luis. Madrid: Editorial Civitas, 2009

El Estado Autonómico
Fraga Iribarne, Manuel. Madrid: Dykinson, 2009

The Case for Multinational Federalism
Gagnon, Alain-G. Canadà: Routledge, 2009

Federalism in Asia
He, Baogang; Brian Galligan; Takashi Inoguchi. United Kingdom: Edward Elgar Publishing Ltd, 2009

Fiscal Federalism under Putin: Redistribution vs. Retribution
Koidze, Vadim. Alemania: VDM Verlag, 2009

La hacienda autonómica. Una propuesta alternativa para la Comunidad Valenciana
López Pérez, Ana María. Barcelona: José María Bosch Editor, 2009

Foreign Relations in Federal Countries
Michelmann, Hans J. Canada: McGill-Queen's University Press, 2009

Dos ensayos sobre financiación autonómica
Monasterio Escudero, Carlos. Madrid: Funcas Fundación de Las Cajas de Ahorros, 2009

German Federalism in Transition
Moore, Carolyn; Wade Jacoby. Canada: Routledge, 200

La Administración de Justicia en las Comunidades Autónomas. Situación actual y perspectivas de reforma
Saiz Garitaonandia, Alberto. Valencia: Tirant lo Blanch, 2009

From Dual to Cooperative Federalism: The Changing Structure of European Law
Schütze, Robert. Oxford: Oxford University Press, 2009

Polyphonic Federalism: Toward the Protection of Fundamental Rights
Shapiro, R. A. Chicago: Chicago University Press, 2009

Finance and Governance of Capital Cities in Federal Systems
Slack, Enid; Rupak Chattopadhyay. Canada: McGill-Queen's University Press, 2009

Comentarios al Estatuto de Autonomía de Andalucía
Terol Becerra, Manuel José (dir.). Valencia: Tirant lo Blanch, 2009

La reforma del Estado Autonómico español y del Estado Federal alemán
Tudela Aranda, José. Madrid: Centro de Estudios Políticos y Constitucionales, 2009

The Ashgate Research Companion to Federalism
Ward, Ann; Lee Ward. Canada: Ashgate, 2009

Green Leviathan. The Case for a Federal Role in Environmental Policy
Weibust, Inger. Canada: Ashgate, 2009

 
 

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