Els acords d'acció exterior de la Generalitat en el nou marc estatutari

The 2006 Catalan Statute of Autonomy explicitly recognizes the legal capacity of the Catalan government to subscribe agreements of cooperation with foreign institution as part of its foreign affairs' policy. The recognition of such a legal capacity is a novelty in itself since, although such agreeme... Deskribapen osoa

Egile nagusia: Armengol Ferrer, Ferran
Formatua: Artikulua
Hizkuntza: Katalana
Argitaratua: Generalitat de Catalunya: Institut d'Estudis Autonòmics 2008
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Laburpena: The 2006 Catalan Statute of Autonomy explicitly recognizes the legal capacity of the Catalan government to subscribe agreements of cooperation with foreign institution as part of its foreign affairs' policy. The recognition of such a legal capacity is a novelty in itself since, although such agreements were an already consolidated practice supported both by the opinion of constitutional experts and by several rulings of the Constitutional Court, they lacked of any legal bases. This novelty introduced by the 2006 Catalan Statute sets up a new framework for the establishment of agreements as a part of the Autonomous Communities foreign affairs' policy that has been broadly adopted by most of the new statutes approved between 2006 and 2007, and, that, from a Spain-as-a-whole perspective, implies a modification of the very conception of political self-government. This article explores this new legal framework taking into account the context of the globalization of international relations. In this sense, the new framework can be understood as a new instrument for the Autonomous Communities to have access and to play a role within the globalized and interconnected international context. The article is divided into two sections. In the first one, it analyses, from a constitutional law approach, the content of the Catalan Statute's article that defines the capacity of the Catalan government for subscribing agreements with foreign institutions (article 195). In the second part, the article turns to examine the juridical regime of these agreements, that is, their denomination, procedure, applicable law and settlement of disputes.