Local autonomy and legal supervision. An unstable balance

Abstract

Local autonomy is compatible with the existence upon it of control powers of the State and the regional administrations conferred by the law. But only within certain limits derived from the legal recognition of the local autonomy itself. This paper exposes those limits and how they have evolved in recent years seeking a new balance. Specifically, it analyses the standpoint provided by the Law establishing the Basic Regulation of Local Government. Within this framework, it examines the main control techniques and the problems that they pose, focusing on the annulment and suspension of the local administrative acts, the subrogation and the authorizations and approvals. Along with those main control techniques, others alternatives and complementary techniques are analyzed as well. Finally, a general rebuilding of the concept of tutelage is proposed on the basis of European Document of Local Self-Government.