La garantía jurisdiccional del Concierto Económico
ISSN: 1888-0525
Year of publication: 2009
Year: 7
Issue: 17
Pages: 117-151
Type: Article
More publications in: Jado: boletín de la Academia Vasca de Derecho = Zuzenbidearen Euskal Akademiaren aldizkaria
Abstract
In this investigation, the issue of what is the most appropriate judicial review in respect of provincial regulations; and the taking into account of the legal nature of same is raised. The author proposes to reserve for the Constitutional Court under its exclusive jurisdiction the control of these regulations, so as to avoid an excessively open impugnation of the system and therefore, to procure stability and legal security. The problem, however, lies in the required parity of provincial regulations to the laws. The mechanisms to achieve such parity are diverse, and the author makes an in-depth analysis and examination. In his opinion, the most appropriate policy instrument lies in the amendment of Article 27.2 of the LOTC [Organic Law of the Constitutional Court].