Coordination with Spain's Autonomous Communities

Spain's Law 1/2002 establishes the framework for development of the executive authorities of the national and regional (Autonomous Community) . [1]

It establishes mechanisms for the necessary coordination and collaboration among the various government offices, with the objective of concentrating the activities carried out by each of these and preventing duplication of efforts and contradictory actions. This takes place under a single, common objective of achieving greater efficacy in the defence of free competition.

 

Spain's national government is assigned the authority to pass legislation on competition and all other executive actions in relation to any practices that could affect free competition, in cases involving a multi-regional scope or in the national market as a whole. The same is the case with competition related to conduct that could negatively affect the unity of the national market or that violates principles recognised in Spain's Constitution, such as establishment of an adequate and fair economic balance among the various parts of Spain, free movement and residence of persons, free circulation of goods throughout the national territory, and equality of all Spaniards in terms of exercise of their rights and compliance with their constitutional duties.

The authorities related to competition assigned to the Autonomous Communities are limited to those executive actions that have been passed within the territory of each community and cases that do not have a multi-regional effect on the market.

These national and regional authorities may therefore come into conflict when there is a disagreement about which has the authority to pursue a specific case. Any of the authorities involved in such a dispute may request that a meeting of the Advising Board on the subject of conflicts should be called, and this Board is obligated to issue the corresponding, non-binding report within a period of 15 days. In cases where applicable, the dispute regarding authorities may be heard before the Constitutional Court of Spain

 

 

 

 

Mapa de España

GaliciaPaís VascoAragónCataluñaCastilla LeónExtremaduraAndalucíaMurciaComunidad ValencianaCanarias

 


[1] This excludes monitoring of economic concentrations and monitoring of public assistance that could affect competition, as well as application in Spain of the Provisions from the Treaty on the Functioning of the European Union..