The conflict of jurisdiction over climate change between Spain and Catalonia: advances and setbacks in light of the recent Constitutional Court decision 87/2019, of June 20, on Law 16/2017, of August 1, on climate change

Identifier:  imarina:6003797

Handle: https://hdl.handle.net/20.500.11797/imarina6003797

Authors:  Rodriguez Beas, Marina

Abstract:
This paper aims to briefly describe the conflict of jurisdiction over the issue of climate change between the Spanish State and Catalonia. To face the existing challenges in mitigation and adaptation to climate change, Catalonia has, in recent years, increased its degree of involvement until it has different instruments and standards, among which we highlight Law 16/2017, August 1, climate change. The approval of this Law, a pioneer in Spain, represents a great advance becoming the backbone of Catalonia's public policies in this area. On this standard, the mitigation and adaptation objectives are identified first; second, the objectives of reducing greenhouse gas emissions that are defined as their own; and finally, adaptation mechanisms to climate change, with special reference to planning and programming instruments. But this global analysis of the norm is formulated in the light of the recent Judgment of the Constitutional Court 87/2019, of June 20, 2019, which declares a series of articles, sections or subsections of the aforementioned Law and others unconstitutional and null and void. does not declare them unconstitutional provided that they are interpreted in the terms established, which may lead to a setback in the fight against climate change, thus limiting the actions of autonomous public authorities.