Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

At the European level the recognition of local self-government is a peaceful matter after being approved in the European Charter of Local Autonomy. However, the scope of this local financial autonomy varies according to the model of public finances that each country adopts. In this article we analyze the German and British models of local finance, two opposite examples in the way of organizing their treasure that directly affect the scope of the local autonomy of their municipalities. After a first part where the legal basis of the local autonomy is analyzed, the main sources of municipal financing are studied in each model, and it concludes with an assessment of the financial autonomy of the local entities within the Spanish system in comparison with the exposed models.

This paper aims to study the incidence of Law 39/2015, of October 1, the Common Administrative Procedure Public Administration in the process of drafting local ordinances and regulations, including by addressing the substantive and formal limits to adjustments to the exercise of that regulatory power, with special attention to the leading case law.

This report analyses the behavior of the main agents that form the local public sector and the actual cost of services which they provide according to the publication by the Ministry of Finance and Public Administration. The report concludes the urgent need to reduce and modernize our local Administration in order to decrease in overhead expenses, as well as modify the territorial area by proposing the merger of smaller municipalities in such a way to have sufficient capacity to respond to the challenges and needs that 21st Century world population demands without causing them to lose their identity.

This paper deals with the influence of having council appointed mayors on local governments. Five elements of local government systems are considered: the electoral system and its influence on the political composition of the local government; the local government structure and the distribution of functions and powers between mayor and council; the role of political parties; scrutiny of the executive and accountability; and citizen participation. This analysis highlights the effect that a council appointed mayor system has in terms of accountability and legitimacy, transparency and efficiency.

This paper reflects on the situation of public procurement, and possible measures to adequately correct the problems of opacity and corruption in public procurement in Spain.

The new public independent authorities in charge of access to information’s claims have adopted conflicting positions on the rules applicable to requests for information made by political representatives and on their own competence to hear complaints they may raise. The right of access to the information of the political representatives cannot have a smaller scope in its substantive, procedural and guarantees content than the one that the new regulation on transparency and access to the information recognizes to any person. The case law of the Supreme Court has consistently affirmed this. It would contribute to legal certainty if this criterion was followed by every new public independent authorities and it was expressly established by a future legislative reform.

The work, renouncing to a precise definition of art, acknowledges that there are art objects and cultural objects, which, in this way, are relevant also in legal terms, and try to advance some reflections on the relevance of art in relation to the European discipline of public contracts and, in particular, what can be deduced from Directive 2014/24 / EU, which can well be understood as a sort of cultural sign that can provide insights into how art is perceived in Europe, even in political terms, in this historical phase. The paper therefore examines the use of negotiated procedures without prior publication of a contract notice, for the «creation or acquisition of a unique work of art or artistic performance», and to do so faces the problem of the object of the procurement by “contracting authorities” which deals with things or performances (works, supplies or services) relating to artistic products, by examining the needs which a public administration may have in relation to obtaining the availability of a work of art, and the different modes of this type of acquisition. Finally, the study examines the theme of «art exhibitions», trying to prove that they are autonomous objects, which are represented in the European directive under the diction «artistic performance».

Act 27/2013, of 27 December, on rationalization and sustainability of Local Administrations, deeply reformed the basic legislation on entities of territorial scope inferior to the municipality to adapt it to the principles of efficiency, budgetary stability and financial sustainability. This regulation was appealed before the Constitutional Court, which has resolved most of the appeals filed. Therefore it is convenient to determine which impact has Act 27/2013 finally had in the Autonomous Communities legislation on infra-municipal entities and which are the alternatives offered to little settlements that aspire to a greater and more direct participation in the government of the interests of its population. For this purpose, the constitutional doctrine on the state competence to regulate this type of entities, the scope of the reform and the options that are opened before the autonomous legislator are exposed first. Subsequently, the basic precepts that specifically refer to the traditional entities of territorial scope inferior to the municipality, which retain their legal personality and their status as local entities, and the new deconcentrated municipal bodies are analysed.

In 2011 the Andalusian Government established a procedure of acquiring medicines through auction as a measure to control the pharmaceutical expense. This action has been harshly criticised by both the Spanish Central Government and the pharmaceutical companies since their interests have been seriously affected. However, the Spanish Constitutional Court has approved this system as constitutional thus, other regional governments may adopt it as well. Therefore, it seems necessary to examine this matter from a legal point of view since, although it started as a temporary measure due to the recession, it may become a regular practice of public distribution of medicines in Spain.