Reforma y financiación de la administración local en Españauna propuesta desde la estrategia del norte de Europa

Zusammenfassung

Given the problems of fragmentation and financing that the Spanish local administration has, and as the design of the local layout has been surpassed by obsolete, the reform of the current model is proposed from the perspective of Northern Europe strategy. Based on the constitutional principles and from the comparative method, we have studied the different strategies which have been enforced about land redevelopment, its shortcomings and its advancement. In the first part, we have analyzed the municipal model in Spain, as well as its evolution until the 1978 Constitution and the applicable constitutional bases –local autonomy, adequacy of resources and subsidiarity–; a model whose organizational framework shows signs of depletion because of the incidence of the inframunicipalism and the endemic underfunding. In the second part, we have studied the most important cases of the municipal mergers developed in Europe, in order to specify the guiding principles which define a common strategy, the phases of standard operating procedure and its financing tools. Under this same methodology, we have also analyzed the resulting territorial model –principles, structure and distribution of powers–, as well as the incidence of the mergers about the local Finance. In the last part of the research we have developed how to carry out the implementation of the North Strategy in Spain. On the one hand, we have discussed the legal feasibility inside the Spanish system, the main criticisms to this proposal and, besides, we have compared it with other ways of territorial structuring implemented without success. On the other hand, we have exposed the necessary key elements in order to carry out reform of the municipal territorial structure in Spain through coercive mergers, the mediate and immediate consequences in the institutional framework and the changes in the Local financing system. Definitely, this is a legal, strict and viable proposal to reach a sustainable municipal structure, as fundamental support of an autonomous local level which provides the right development of the Welfare State.