Control of territorial legislative assemblies over autonomous legislative decrees

Similarities and differences with the state model

Abstract

This paper addresses the specificities in parliamentary control of the excesses of delegation with respect to the autonomous legislative decrees. The generalized similarities prevailing in this topic with respect to the State’s model are analyzed, as well as the significant differences present in the respective systems of some Autonomous Communities (Extremadura and Catalonia, mainly, and also the cases of Navarre and Andalusia). Special attention is paid to the specialty of that control consisting in the explicit provision either by the respective Statute of Autonomy (Extremadura) or by lower regional rules (Catalonia) of a mandatory previous vote of the Autonomous Parliament on the corresponding Legislative Decree before the official publication thereof, and the eventual incidence of this vote on the contentious-administrative judicial control of ultra vires excesses.