The Spanish Constitutional Court and the waters of the rivers Guadalquivir and Duero

Abstract

This paper aims to study the distribution of powers among the State and Spanish Autonomous Communities in the field of water at the end of which it analyses the constitutional competence framework, how Statutes of Autonomy have assumed competencies in the matter, and the recent Statutory reforms process. It also revisits the Constitutional Court’s case laws in the field critically; specially, recent rulings about constitutionality of the new Andalusian and Castilian– Leonese Statutes of Autonomy assuming powers over the rivers Guadalquivir and Duero respectively (SSTC 30/2011 y 32/2011). Finally, this paper notices the Spanish Government paradoxical attitude which has recently participate in both Statutes reform processes but has not undertake appropriate legal reforms in relation to new competencies provided by new Statutes of Autonomy.