The constitution of Spain: the challenges for the constitutional order under European and global governance
Although the constitutional text has remained nearly untouched – only twice has the Spanish Constitution been amended since its enactment in 1978 – global and European governance have deeply transformed the constitutional order. The impact of the process of European integration upon the Constitution...
| Autores: | , |
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| Tipo de recurso: | capítulo de libro |
| Estado: | Versión publicada |
| Fecha de publicación: | 2019 |
| País: | España |
| Institución: | Universitat Pompeu Fabra |
| Repositorio: | Repositorio Digital de la UPF |
| OAI Identifier: | oai:repositori.upf.edu:10230/70483 |
| Acceso en línea: | http://hdl.handle.net/10230/70483 http://dx.doi.org/10.1007/978-94-6265-273-6_12 |
| Access Level: | acceso abierto |
| Palabra clave: | The Constitution of Spain Constitutional amendments regarding European integration The Spanish Constitutional Court Constitutional review statistics Fundamental rights The rule of law as defined in Art. 9 of the Constitution The principles of legal certainty and legitimate expectations European Arrest Warrant Data retention directive Privatisation of public services European Commission and IMF austerity and restructuring programmes, social rights and trade union rights Curtailing of the powers of autonomous regions |
| Sumario: | Although the constitutional text has remained nearly untouched – only twice has the Spanish Constitution been amended since its enactment in 1978 – global and European governance have deeply transformed the constitutional order. The impact of the process of European integration upon the Constitution is an open and evolving phenomenon, encompassing the challenge to constitutional supremacy, the incorporation of new sources of law, an imbalance between the legislative and executive powers, the enhanced role of the judiciary, the multilevel protection of fundamental rights and the transformation of regionalism as a model for organising the territorial power. First, this report will analyse the constitutional amendments regarding EU membership and the constitutional limits to European integration. Indeed, the only two constitutional amendments were both prompted by the EU. Secondly, the impact of EU integration upon the protection of constitutional rights will be critically examined, with special emphasis on the economic crisis. The obligations deriving from the EU might undermine the protection of constitutional rights, as the introduction of the European Arrest Warrant, the Data Retention Directive and the austerity measures adopted in the context of the economic crisis have shown. Thirdly and more generally, global governance has had constitutional implications, for instance regarding the strengthening of the executive power vis-à-vis the legislative, pressures on the welfare state, the fight against terrorism, the curtailing of powers of the Autonomous Communities and the response to immigration. In this context, it is necessary to recast the relationship between the Global-European spheres and the national constitutional order to ensure respect for the principles of the rule of law, the separation of powers and the protection of fundamental rights. |
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