Las competencias autonómicas en inmigración tras la STC 31/2010

• Main Author: José Antonio Montilla Martos
• Format: Article
• Language: Catalan
• Published: Institut d'Estudis de l'Autogovern 2011-10-01
• Series: Revista d'Estudis Autonòmics i Federals
• Subjects: immigration; Constitutional Court; regions (autonomous communities); Statute of Autonomy.
• Online Access: http://www10.gencat.cat/drep/binaris/_reaf14_Montilla_tcm112-180565.pdf

The paper analyzes the doctrine as in the STC 31/2010 as regards immigrationautonomous powers as drawn from the Catalan Statute of Autonomy. Itoverly rejects the approach taken by the Constitutional Court in the matteras long as it maintains the exclusive jurisdiction of the State in immigrationaffaires while at the same time considering the statutory recognition of regionalpowers relative to immigration congruous with the Constitution. TheCourt considered that, despite the formal denomination, such public activitiesare not framed within immigration affaires but under other matters of competence.Against this position, the paper defends the availability of a statutoryjurisdiction in immigration affairs as from the evolution of the Stateexclusive jurisdiction contained in the Constitution, parallel to that occurredin other areas such as the administration of justice or international affaires.The paper highlights that, in any case, the Court has not limited the scopeof statutory powers but rather emphasizes that this is a conflict deriving fromopposing views as regards de denomination of the matter under discussionwhich, however minor, has brought about political upsetting.