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

Introduction of the dossier on the study of the implications in Literature of notions and aspects of consciousness contributed from Cognitive Sciences 

This paper is comprised of a study on the evolutionary process of provincial councils (Diputaciones provinciales), from their creation in 1812 to their definitive representation in the Provincial Statute of 1925, addressing the difficulties derived from their integration into the territorial structure model implemented by liberalism. Since its creation, the province and its structure through the provincial council has been the subject of continuous questioning from both a political and legal point of view alike, which should lead us to reflect on its institutional positioning from the point of view of a structural and power-related model, based on territorial diversity.

Environmental interventions and actions, mainly the consequence of the growing impact of phenomenasuch as climate change, are causing a slow but constant and unstoppable transformative process of a social, economic, legal nature, among others. Its incidence has repercussions in innumerable areas and, specifically, in waste management, the legal effects are of pressing relevance. To this end, in this paper, the recent legislation (Law 7/2021, of May 20, on Climate Change and Energy Transition and Draft Law on Waste and Contaminated Soils) and the effects that, under the protection of the circular economy, they areforeseen on municipal waste management.

This study attempts to provide a response to the possible need to adapt Spanish local legislation to contribute and facilitate the achievement of the climate objectives set by the new legal framework for climate change. Although on a practical level, a very important role for local authorities is foreseen in the achievement of these objectives, both reduction and adaptation, the truth is that today the available legal framework has not advanced. in this regard. On the contrary, the doctrine denounces certain regressions derived from the reform of the local regime of 2013 which, due to financial viability, reduced the status quo reached so far in terms of skills, although the TC has partially corrected this regression. The PLCCTE pays little attention to local issues. And we do not yet know what will be the space that regional laws on climate change will recognize, in the absence of a homogenization of the cap of competence of the local administration to the PLCCTE.

This review refers to the work “La concesión y el procedimiento administrativo: dos institucionesadministrativas en simbiosis” (Tirant lo Blanch, 2021, 388 pp.), by Dr. Fuentes i Gasó, who has carried out an in-depth study of the institution of the concession and its concomitance with the administrative procedure. The author analyses the concession as a classic institution in administrative law, at the same time as he delves into the procedural channel that leads to the granting of the concession. To do so, he starts with the modalities included in the LCSP of 2017 by the state legislator and goes on to analyse the successive modifications that have occurred since that initial drafting. The examination of the evolution ofthis contractual modality even extends to those other consequences derived from the regulatory changes, such as that of the EU’s Next Generation Funds regime.

The articulation of a legal teleworking regime in the public sector has become a necessary imperative in public administrations to cope with crisis situations. However, before 2020, there was no basic regulation on the matter in Spain. Nevertheless, some “Comunidades Autónomas” in Spain had experiences and regulations on the issue since the beginning of the second decade of the 20th century. Throughout this paper, we examine and analyze from a legal-administrative perspective the legislation on teleworking in force in the autonomous legislation, focusing on what we consider key aspects for its development within the framework of the civil service.

The signing of the new pact against transfugism and two sentences of the Supreme Court once again call into question the figure of non-attachment. The position of the political parties puts the focus of the problem on the alteration of representativeness since the cases of turncoats affect the parties and governability. On the contrary, trasfuguismo is more of a problem that hits local politics and local politics than the parties. This reality has not entered into the debate on non-attachment, nor has the reality of verifying that both those not attached and the defectors do not have the obligation or the opportunity to explain to the rest of the representatives what reasons have weighed on making the decision that turns them into turncoats. Thus, this accountability is only evidenced by exclusion or inclusion in closed and blocked electoral lists, thus distorting inter-electoral responsibility. Thus, the elements that surround the non-ascription are analyzed, such as representativeness, representation, the representative mandate, the municipal groups and the pact itself, all of this in the local government.

The struggle against depopulation requires strong local governments, and this includes adequate municipal financing. However, as stated by the Council of Europe’s Congress of Local and Regional Authorities in its Recommendation 465 (2021), Spain lacks a legal system of effective inter-municipal financial equalisation in order to protect the most financially weak municipalities, as required by art. 9.5 of the European Charter of Local Self-Government. Consequently, Spain should introduce a fundamental correction in the Law of Local Finance. This reform should match the requirements of the European Charter, as interpreted and applied by the Council of Europe.