Understanding the PACAP Law. Part IV: A bit of the Spanish Constitution

Before we begin, let's take a look at some articles of the Constitution that are relevant for understanding the purpose of Law 39, as the aim of laws is precisely to ensure compliance with the Constitution.

The Constitution was published in the BOE in 1978 and consists of 169 articles in 10 titles plus additional provisions.

We'll address the articles of the Constitution that pertain to Law 39/2015 and are mentioned therein.

Within TITLE IV Of the Government and the Administration

Article 103

1. Public administration serves the general interests with objectivity and acts in accordance with the principles of efficiency, hierarchy, decentralization, deconcentration, and coordination, fully subject to the law and the Right.

2. The bodies of the State Administration are created, governed, and coordinated in accordance with the law.

3. The law shall regulate the statute of public officials, access to the civil service in accordance with the principles of merit and ability, the peculiarities of the exercise of their right to unionization, the system of incompatibilities, and the guarantees for impartiality in the exercise of their functions.

As we see after reading these three sections, the legislative branch needs to develop a law that makes the fulfillment of this article more effective, taking into account the decentralized structure of the state in accordance with established legality.

Within TITLE VIII Of the Territorial Organization of the State Chapter III

Article 149

18. The bases of the legal regime of public administrations and the statutory regime of their officials, which shall in all cases guarantee common treatment for the administered parties; the common administrative procedure, without prejudice to the specificities derived from the own organization of the Autonomous Communities; legislation on forced expropriation; basic legislation on contracts and administrative concessions, and the system of liability of all public administrations.

This article emphasizes the decentralization of the State and the right of the Autonomous Communities to develop their own legislation, provided it does not conflict with national legislation.