La Relación derechos-Estado autonómico en la sentencia sobre el estatuto valenciano

Constitutional Court ruling 247/2007, of 12 December, dealing with the challenge brought by the government of the Autonomous Community of Aragon against the new art. 17 of the Statute of Autonomy of the Autonomous Community of Valencia, chooses to review the main questions arising from the approval of the new Statutes of Autonomy. Among the number of issues dealt with in the ruling, this article focuses on analysing a specific one: the relationship between citizens’ rights and the territorial distribution of powers between the Central Government and Autonomous Communities. It is in relation to this that the article analyses the Court’s case law as it relates to three fundamental aspects of the matter: the function of the art. 139.1 of the Spanish Constitution (SC) and the equality mandate that it contains; the function of art. 149.1.1 SC, within the Central Government’s jurisdiction, in linking together equality and rights; and finally whether the statutes of autonomy can contain bills of rights. Of these three aspects, the one treated as most debatable is this last one, since the Court establishes a distinction between rights that will actually be rights and rights that will be mere mandates to the legislator, without establishing a clear basis on which this distinction can be made ​
​Tots els drets reservats