The Basque Country local institutions law: a lost opportunity?
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Abstract
This article aims to address the long gestation period (several decades) of the Basque Municipal Law for the completion of the institutional framework for Basque self-governance, with what it entails concerning the assertion of local autonomy. Likewise, it carries out an analysis of the application of Law 2/2016, on local Basque institutions, after its six years in effect, highlighting the strong aspects of such a regulation along with a weak internalisation by the autonomous and provincial institutions (to whom its mandates are also directed). The Law itself, given its innovative content, has reinforced the competency position of Basque municipalities, creating a system of institutional guarantee of municipal autonomy and strengthening the financial role of municipal councils. However, application to date is rather limited, giving the impression that a magnificent historic opportunity is being missed to give Basque municipalism an advanced institutional regulatory framework and above all to guarantee its effective application, although there is still time to correct this trend observed in the Law’s short effective period.
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Self-governance, local autonomy, municipal autonomy, municipal competences, municipal funding, local institutions, guarantee system