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Copyright Universidad Nacional de Educacion a Distancia (UNED) 2011

Abstract

The effects of STC 31/2010 are approached mainly by means of the study of the general effects of the sentences of the Constitutional Court. Within the conclusions it has been of particular importance to take into account that the Statute of Autonomy is a head- norm of an own normative system, so that the nullity as well as the interpretation in conformity with the Constitution of its provisions implies a mandate susceptible of being examined as a specific binding effect of the sentences of the Constitutional Court. In this sense, it is capable to cause consequences for identical provisions of other legal norms that are in a relationship of dependence on and of hierarchical inferiority with those provisions of the Statute of Autonomy declared unconstitutional. Besides, the findings of the sentence may have even interpretive character for similar or identical provisions of the Statutes of other Autonomous Communities. Thus the consequences of the sentence are notably of interpretative character for other legal provisions; however, a direct enforcement would apply to the provisions of another legal norm declared unconstitutional due to the lack of conformity with the Constitution deriving from the main proceedings. [PUBLICATION ABSTRACT]

Details

Title
LOS EFECTOS DE LA STC 31/2010 DEL ESTATUTO DE AUTONOMÍA DE CATALUÑA: LAS IMPLICACIONES PARA SU NORMATIVA DE DESARROLLO Y LOS ESTATUTOS DE OTRAS COMUNIDADES AUTÓNOMAS
Author
De Cara, Juan Carlos Gavara
Pages
239-290
Publication year
2011
Publication date
2011
Publisher
Universidad Nacional de Educacion a Distancia (UNED)
ISSN
11395583
e-ISSN
21748950
Source type
Scholarly Journal
Language of publication
English, Spanish
ProQuest document ID
1095713257
Copyright
Copyright Universidad Nacional de Educacion a Distancia (UNED) 2011