Capacity of local authorities to regulate peaceful coexistence: Citizenship Ordinance Reus and banning the burqa

Identifier:  TFG:538

Handle: https://hdl.handle.net/20.500.11797/TFG538

Authors:  López Algaba, Elena

Abstract:
This work analyzes the collision that occurs as a result of regulation in Reus Citizenship Ordinance of the ban on wearing the burqa in certain places in the city for considering this flattering measure of public safety. Therefore analyze the scope of the local regulatory authority regarding the limitation on the exercise of the fundamental right of religious freedom. On this basis, we will conduct an analysis of the legislative and jurisprudential development in the Spanish State regarding the powers and regulatory power of local councils. This first point shows that although over the years the company has acquired the expectation that the City Council is the local authority which by their proximity meets your needs, among which are the regulation of public security the legislative production ended in the last renovation with a restriction and decreased the powers conferred on local authorities. Secondly, we conducted an analysis of two Supreme Court decisions, which appreciate its favorable position with regard to the protection of the fundamental right to religious freedom and the principle of legal reserves, as opposed to the Judgment of the European Court of Human Rights 43835/2011 of July 1, on the regulation of the ban on wearing the burqa in French Act of 2011, as is reflected in the Court prioritizes the discretion granted to States to regulate this type of measures depending the specific circumstances of each State. Finally, based on all the analyzed changes will raise or legal regulations needed to be considered lawful regulation banning the burqa in Reus Ordinance.