The state competition in international relations "does not prevent external activities of the SCAN.
The Constitutional Court (TC) of Article 127 of the statute emphasizes that the state competition in the field of "international relations, which certainly includes, among other matters, the exercise of 'ius contrahendi'" right to negotiate or agree- does not prevent the CCAA undertake activities that are outside their competence projection of materials, provided they do not disturb or condition the state competition. ", ffxiv gil,
The PP's claim contesting the article 127.1 d), third, of the Statute, which gives the Government the "international projection of Catalan culture, to ignore the PP, as the High Court, the doctrine of the Judgement of TC 165 / 1994, May 26, regarding the limits to such competition involves autonomic state competition for the exercise of, aika gold, 'ius contrahendi' and in general on foreign policy.
"We affirm that address the complaint that the statutory provision, the express incorporation of safeguard clauses unenforceable state powers in constitutional terms," argues the sentence.
The TC recalls that Article 149.2 of the Constitution provides that "without prejudice to the powers of the Autonomous Communities may assume, the State considers the service, darkfall gold, to culture a duty and an essential cultural and facilitate communication between communities, according to them "which is an expression of that material culture skills attend the State and the Autonomous Communities."
In this context, the statement said exclusive competence of the chapeau of Article 127.1 of the statute "raises no constitutional problems, although it must be emphasized that not undermine the concurrent powers of the State within the culture of the material itself, as a result of provisions of Article 149.2 of the Constitution, nor question the impact that may have other powers than the State "provided in the article of the Constitution.
As to article 127.1 a), second, the statute on the regulation and inspection of film exhibition rooms and protective measures for this industry, the TC rejects the challenge because it is "clear that the exclusive powers do not prevent the exercise autonomous State of the correlations can attend, are those of Article 149.1.13 of the Constitution or other. "
"The same is true in relation to Article 127.1), third, of the Statute on the rating of films, because the powers provided for by statutory provision should be interpreted systematically with state powers, which maintain their full potentiality," he explains. ARCHIVES
Libraries and museums
On the other hand, the TC recalls that Article 172.2 of the statute assigned to the Generalitat has executive power over the archives, libraries, museums and cultural centers, state-owned deposit located in Catalonia, whose management "is not expressly reserved to the State."
The criticism of this section addresses the importance of including competition in the regulation of autonomic functioning, organization and staffing system, understanding that these powers go beyond the concept of management which appears as autonomic limit competition in this area, according to article 149.1.28 of the Constitution.
"The challenge is not acceptable,because, according to what we said in reviewing the article 112 of the statute, the scope of executive power extends to the autonomic regulation of the functioning and organization of these museums and their staff, "without prejudice to all this is subject to competition rules of the State. "
State Investment in catalunya
In regard to Article 127.3, the statute requires prior agreement with the CAAC in the State's actions in Catalonia in terms of investment in cultural assets and equipment, also provides that "in the case of the State activities carried out with relation to the international projection of culture, State Governments and the Government articulated forms of mutual collaboration and cooperation as provided for in Title V of the Statute. "
For the TC, the only requirement to both governments to articulate "formulas that do not unduly tenor, in the same generality and abstraction, the exercise of powers of the State possibly involved in international outreach activities of the culture."
"Rather, it is more true than with this requirement is only done justice to a basic principle of collaboration between central and autonomous institutions throughout the State, inherent in the independent model and particularly necessary for the ordination and exercise their respective powers In an area material, such as culture, it is desirable to reiterate that is the subject of concurrent jurisdiction between a plurality of territorial subjects, "poses.
As regards the first part of the precept, which is encrypted specifically the accusation of unconstitutionality raised by the plaintiffs, the TC says it can not be understood as "rrring to the agreement there is a necessary and unavoidable condition for the exercise of state competition in the field of culture, so that otherwise it was impossible for the State's investment in cultural assets and equipment. "
In this regard adding that if they understood the provision "would be unconstitutional, because Article 149.2 of the State Constitution expressly requires the consideration of the service of culture a duty and an essential."
The ccaa not difficult to state
Mandate that the State involves the attribution of a "competition will have, above all, an area of prrential attention to the common cultural heritage preservation, but also on what treatments required general or that action must make public where the cultural goods could not be achieved from other bodies. " "Mandate, finally, to whose satisfaction the State is obliged so undoubted and that does not support actions which obstruct or impede by the CCAA," he says.
The High Court considers, however, it is possible interpretation of the provision consistent with this constitutional mandate unequivocal, as the Constitution itself requires the State to the fulfillment of their responsibilities in the field of culture check "agree with them" .
This means before a "generic and principled invocation of collaboration between administrations who hold concurrent jurisdiction in an area shared material, that the submission of the exercise of the powers of the State to condition the consent of theCCAA in each case, what would be incompatible with an unavailable and inalienable nature. "
"Interpreted in the sense that is apparent from the article 149.2 of the Constitution, the 'agreement' also relied on Article 127.3 of the Statute is not contrary to the Constitution, since it is understood that the absence of such agreement can not prevent compliance by the State of the duty imposed by that constitutional provision, "he says.
In short, states that "must be dismissed the challenge of Article 127, paragraph 1, letter a) second and third, point d), third paragraph 2 and the first subparagraph of paragraph 3, where the 'agreement prior 'rrred to must be interpreted in the sense described, "and emphasized that" This will provide the verdict. "
