Template-Type: ReDIF-Article 1.0
Author-Name: José Miguel Escribano Zafra
Author-Name: Manuel Zafra Víctor
Author-Name: Juan Montabes Pereira
Title:  Consejo Andaluz de Concertación Local: Un marco para las relaciones intergubernamentales
Abstract: Resumen:El presente artículo trata el Consejo Andaluz de Concertación Local, un órgano de diálogo y colaboración permanente entre la Junta de Andalucía y los ayuntamientos andaluces. Tras la reforma aprobada en 2014, su función ha pasado a ser residual ya que el Consejo Andaluz de Gobiernos Locales no ha solicitado su reunión. Las relaciones que se despliegan en este órgano están más cerca de ser unas relaciones interadministrativas que intergubernamentales. Se echa en falta un órgano de cooperación de alto nivel entre la Junta de Andalucía y los EELL, donde estos hagan valer su autonomía.Abstract:The present article focuses on the Local Consultation Council of Andalusia, having already reached more than ten years since its commissioning. The interest of this organ has to do with its quality of being an encounter and dialogue means among different spheres of power to plan, decide and implement public policies within a region. Local autonomy is shown not only on the competences that Local Entities may have, but also on the possibility of taking part in the processes of deciding about issues they are interested in.
So then, the main objective of this paper is to offer a global vision of the LCCA to determine the position occupied within the relationships between the Autonomous Community of Andalusia and the Andalusian Local Entities. 
Moreover, this paper also considers the background both in Spain as a whole and in the Autonomous Community of Andalusia, and it does not forget the cases of Italy and Germany. We consider the distinction between intergovernmental and interadministrative relationships too. We have also pointed out the changes as to its functioning, operated by the reform in 2014, as well as the main consequences they have provoked. We also explain the main characteristics of the LCCA as being an encounter and dialogue permanent organ between the Autonomous Community and the Local Entities. We also refer to the regulation as to group membership and agreement system. It is also added a classification of functions included in the Act that rules it.
In the making of this paper we have followed a methodology mainly based on a revision of all the regulations related to this organ as well as the agreements and documents emanated from it. Moreover, a revision of the available doctrine has also been made.
So then, results show clearly that, ten years after having started working, the LCCA is not accomplishing the objectives it was created for, that is, being an exclusive space of encounter and discussion between the representatives of the Local Entities and those of the Autonomous Community of Andalusia.
Relationships in the autonomic and local spheres are closer to interadministrative than to intergovernmental ones. Despite the fact that it is referred to the Junta de Andalucía as one of the political actors (including the Parliament of Andalusia, the President and the Council of Government), relationships with Local Entities are only seen in an executive field.
The autonomic level does not respect enough the autonomy recognized to the Local Entities. This fact is supported by the jurisprudence emanated from the Supreme Court, as seen in different sentences in relation to the inform of the Local Governments Council of Andalusia (LGCA), in the sense that participation of this organ is compulsory not only when competences of the Local Entities can be affected during the making of bills, laws, plans or projects by the Autonomous Community, but also when those competences could be affected in any case.
We have also been able to check that this organ (LCCA), which is the most important one, as it is established in the Statute of Autonomy for Andalusia, after the reform in 2014 does not fulfil one of its more important functions, that is, being a dialogue and collaboration permanent organ, because its members do not meet. So, if the most important encounter and dialogue organ does not meet, there are not any real relationships, there are not any meetings. Moreover, some functions have been delegated to a permanent commission.
So then, we can point out that in the present situation, it is confirmed that in Andalusia there are not any instruments for dialogue and political cooperation. It is necessary a meeting place to foster that cooperation between the Junta de Andalucía and the Local Entities of the Autonomous Community. Autonomic level of government should not be above Local governments, but there should exist a real space for intergovernmental relationships. It would be necessary the existence in Andalusia of an organ similar to the State Conference of Presidents for Autonomous Communities. In our case, this organ should be composed by a number of mayors and presidents of provincial governments to be considered an instrument for intergovernmental relationships. In this way, there would be a real political and territorial plurality. In this organ they would deal with matters related to autonomic competence, but specially oriented to achieve the interest both local and autonomic. That is the reason whereby there should be a position of equality between the political actors.
Classification-JEL: R1
Keywords: Entes Locales, Relaciones intergubernamentales, Relaciones Interadministrativas, Comunidad Autónoma de Andalucía, Cooperación, Acuerdos, Guadalquivir Valley, Autonomous Local Entities, Intergovernmental Relations, Interadministrative Relations, Autonomous Community of Andalusia, Cooperation, Agreements, Agricultural exception in Antitrust Law
Pages: 119-146
Volume: 3
Year: 2021
File-URL: http://www.revistaestudiosregionales.com/documentos/articulos/pdf-articulo-2620.pdf
File-Format: Application/pdf
Handle: RePEc:rer:articu:v:3:y:2021:p:119-146