The problematic supplementary application of Law 19/2013, of December 9

In the demarcation of powers between the State and the Autonomous Communities after the recent doctrine of the TS

Abstract

Although the doctrine of the Tribunal Constitucional on the supplementary clause of the state law of article 149.3 EC is not exempt from criticism, its orientation can be considered stable and clarified since the well-known Judgments 118/1996 and 61/1997, which definitively opted for considering it a norm ordering the application of the rules in the composite State set up by the EC. However, the STS, Contentious-Administrative Chamber, no. 422/2022, which supports this analysis, separates from the jurisprudential criteria of the TC and makes a supplementary application of Law 19/2013, of December 9, on transparency, access to public information and good governance, which it is basic, integrating an alleged gap in Law 12/2014, of December 16, on Transparency and Citizen Participation of the Autonomous Community of the Region of Murcia. This supplementary application of the basic law also produces the effect of modifying the legal regime of transparency of local corporations in the Region of Murcia, which is partially autonomous competence, and also modifies the regime of the Transparency Council of the Region of Murcia, matter that is of the exclusive autonomous competence on self-organization