Jul 012009

The Constitutional Court 61/1997, dated 20 March


STC 61/1997 forced to react to the state, but also to the CCAA, who were forced to issue a series of legislative and temporary measure to avoid leaving the matter in a legal vacuum with incalculable consequences.

Of the plannings of this ruling, we note the following:

a) The state can not create a model of planning legislation by Article 149.1.1 homogeneous EC b) The state can not create a law for town based on section 149.3, in fine, which states: “State law shall in any case , supplementary to the right of the Autonomous Communities ”

With regard to its effects, were:

a) The division of powers established State and Autonomous Communities on Urban

b) declared invalid on grounds of competence TRLS three quarters of the 92

c) requires the autonomous communities to pass laws in urban planning.

d) taking a series of legislation-an interim measure to avoid leaving the matter in a legal vacuum with incalculable consequences.

Following the Constitutional Court, the competence framework was as follows:

a) State Competition

The state has legislative competence in the field of urban law of land ownership, valuation and expropriation based on the following items:

Article 149.1.1 EC Regulation of basic conditions guaranteeing the equality of all the Spanish in the exercise of rights and in fulfilling their constitutional duties ”

Article 149.1.8 EC civil law … ”

Article 149.1.18 “eminent domain law, basic legislation on contracts and administrative concessions and the system of accountability of all government” | ”

b) Competition autonomic

The Autonomous Communities have jurisdiction over legislation on urban planning and housing to the following article:

Article 148.3 EC “Spatial planning, urban development and housing”

c) Municipal Competencies

The municipalities are competent for the development of urban planning, which has the status of regulation to the creation of their own city model based on the following item:

Article 140 EC “The Constitution guarantees the autonomy of municipalities”

In relation to the law, was as follows:

a) State Legislation

Basic State Legislation

  1. Land Act 2008
  2. Royal Decree 1093/1997 of 4 July, which regulates the registration in the Land Registry of Acts of Urban Nature

Extra State Legislation

  1. Revised Text of the Law on Land Scheme and Town Planning, 1.346/1.976 approved by Royal Decree of 9 April (town planning law Balearic Islands, Ceuta and Melilla)
  2. Royal Decree 2187/1978 of 23 June by approving the Town Planning Discipline Regulations for the development and implementation of the Law on Land Scheme and Town Planning
  3. Royal Decree 3288/1978 of 25 August, by approving the Urban Management Regulations for the development and implementation of the Act regime and Urban Land
  4. Royal Decree 2159/1978 of 23 June, by approving the Regulations for Development Planning and Implementation of the Law on Land Scheme and Town Planning

b) Legislation in Andalusia autonomous

  1. Law 7 / 2002 of 17 December on the urban planning of Andalusia.
  2. Law 1994 Spatial de Andalucía

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