La CEAL y su transposición al ordenamiento español: una historia de la evolución legislativa y jurisprudencial del régimen local español desde 1985 hasta nuestros días

Abstract

This study analyses the most important changes experienced over the last thirty years by the Law 7/1985 of 2 April, regulating the bases of the local regime. As is well known, following the approval of the 1978 Constitution and the ratification by Spain of the European Charter of Local Self-Government, the warranty and the principles of local autonomy enshrined in both texts must be strictly respected by the statal and regional legislator of the local regime. Therefore, this study addresses, more closely, the study of both the Law 27/2013, of 27 December, of rationalization and sustainability of the local administration, and the regional regulations issued in development thereof. This exploration has allowed us to observe as the former undermines local autonomy by recentralising competences, and the latter try to curb these recentralizing claims but not so much to save local autonomy as to maintain their own competencial level.