Today , the new curfew has been published in the BOCYL (Official Gazette of Castilla y León) by Agreement 2/2021, dated January 15 , of the President of the Junta de Castilla y León, starting at 8:00 p.m.
The Government has indicated that the regional government does not have the authority to bring forward the curfew. That such a restriction has no legal basis.
We are faced with a case of conflict of laws . So, we can ask ourselves: what prevails list of contact numbers in philippines a state or regional law? If the new curfew established by the Junta de Castilla y León is not complied with, can they fine citizens?
Title VIII of the Spanish Constitution establishes a dual legislative power: that of the State and the Autonomous Communities. Therefore, there are state and autonomous regulations.
State and regional laws have the same rank and are not governed by the principle of hierarchy but by the principle of competence. In other words, each of them can develop a specific type of subject matter.
A state law does not prevail over an autonomous law and vice versa.
Article 149 CE regulates the matters that are the exclusive competence of the State and art. 148 CE establishes the powers that the Autonomous Communities may assume.
Matters that are not expressly attributed to the State may correspond to the Autonomous Communities and vice versa. That is, matters that have not been assumed by the Statutes of Autonomy will correspond to the State.
Conflict between state and regional laws
To know what happens when the laws of the State and those of the Autonomous Communities conflict, we must refer to art. 149.3 CE.
Whether a state or regional law prevails
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