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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

  • Identification data

    Identifier: imarina:6003797
    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.
  • Others:

    Author, as appears in the article.: Rodriguez Beas, Marina;
    Department: Dret Públic
    URV's Author/s: Rodríguez Beas, Marina
    Keywords: Mitigation Law Competitions Climate change Autonomous communities Adaptation
    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.
    Thematic Areas: Sociología Saúde coletiva Law Interdisciplinar Historia Educação Dret Direito Ciencias sociales Ciência política e relações internacionais Administração pública e de empresas, ciências contábeis e turismo
    licence for use: https://creativecommons.org/licenses/by/3.0/es/
    ISSN: 15163210
    Author's mail: marina.rodriguez@urv.cat
    Author identifier: 0000-0002-5491-580X
    Record's date: 2023-02-18
    Papper version: info:eu-repo/semantics/publishedVersion
    Link to the original source: http://www.revistaaec.com/index.php/revistaaec/article/view/1212/818
    Papper original source: A&c. Revista De Direito Administrativo & Constitucional (Impresso). 19 (77): 59-99
    APA: Rodriguez Beas, Marina; (2019). 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. A&c. Revista De Direito Administrativo & Constitucional (Impresso), 19(77), 59-99. DOI: 10.21056/aec.v19i77.1212
    Licence document URL: https://repositori.urv.cat/ca/proteccio-de-dades/
    Article's DOI: 10.21056/aec.v19i77.1212
    Entity: Universitat Rovira i Virgili
    Journal publication year: 2019
    Publication Type: Journal Publications
  • Keywords:

    Law
    Mitigation
    Law
    Competitions
    Climate change
    Autonomous communities
    Adaptation
    Sociología
    Saúde coletiva
    Law
    Interdisciplinar
    Historia
    Educação
    Dret
    Direito
    Ciencias sociales
    Ciência política e relações internacionais
    Administração pública e de empresas, ciências contábeis e turismo
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