autonomia

  • The Legality of the Catalan Independence Referendums

    Author: Michał Zbigniew Dankowski
    E-mail: m.dankowski@vp.pl
    Institution: University of Gdańsk
    Year of publication: 2017
    Source: Show
    Pages: 87-99
    DOI Address: https://doi.org/10.15804/ppk.2017.06.05
    PDF: ppk/40/ppk4005.pdf

    During the last decade the separatist activities of the Catalan nationalists have intensified. Despite the enactment of the Statute of Autonomy in 2006, extending the existing autonomy of the Autonomous Community, Catalonia’s governing political parties strived for total independence. In view of the consistent attitude of the central government in Madrid refusing any concessions on the extension of autonomy or independence, the Autonomous Government of Catalonia (Generalitat) appealed to the institutions of direct democracy, calling twice for a Catalan referendum on independence. In both cases, the Spanish Constitutional Court declared the referendum unlawful. In spite of this, Catalonia declared independence after the referendum of October 1st, 2017, although the effects of the declaration were also suspended – a situation so far unknown to law.

  • Zagadnienie stołeczności miast w regionach autonomicznych Hiszpanii

    Author: Michał Zbigniew Dankowski
    E-mail: m.dankowski@vp.pl
    Institution: Uniwersytet Gdański
    Year of publication: 2017
    Source: Show
    Pages: 173-187
    DOI Address: https://doi.org/10.15804/ppk.2017.01.09
    PDF: ppk/35/ppk3509.pdf

    The problem of capitals is often marginalized however, not always regulations referring to capitals are clearly defined. The constitution of Spain allows the autonomous regions (which the country is divided into) to designate their capitals themselves. Most regions regulate the problem of capitals in their Statue of Autonomy, or refers to other resolutions of the local parliament. Often the term “capital” is not used. Instead, the city that will host the autonomy institution is indicated. In most cases there is no doubt about the city which should hold the capital function in the autonomy. However there are exceptions to this rule. For example in Galicia a serious conflict took place in course of designation of the capital. The same is still happening in Castilla and León. This autonomy, as well as The Basque Country, has no clear regulation regarding to the capital city, which is the cause of many local political crises.

  • Buenos Aires City as an example of a derived autonomy

    Author: Michał Zbigniew Dankowski
    E-mail: m.dankowski@vp.pl
    Institution: University of Gdańsk
    Year of publication: 2016
    Source: Show
    Pages: 80-93
    DOI Address: https://doi.org/10.15804/ppk.2016.06.04
    PDF: ppk/34/ppk3404.pdf

    A several years ago the Argentinean legal doctrine has developed a characteristic concepts to defer the autonomies of its provinces with the status of Buenos Aires City. It is considered that provinces have an originative autonomy, while Buenos Aires City a derived autonomy. The difference is related to the origin of both autonomies. It also entail the power limits of both autonomous authorities. The borders of the power of the provinces are wider than of the capital city, however its autonomy is also wide enough, more than in any other capital in Latin America. As a result of 1994 amendment of Argentin-ean Constitution, Buenos Aires City has obtained autonomy and a unique status among Argentinean administrative entities

  • Geneza i konstytucyjne podstawy prawnoustrojowe autonomii baskijskiej

    Author: Michał Zbigniew Dankowski
    E-mail: m.dankowski@vp.pl
    Institution: Uniwersytet Gdański
    Year of publication: 2015
    Source: Show
    Pages: 159-176
    DOI Address: https://doi.org/10.15804/ppk.2015.04.08
    PDF: ppk/26/ppk2608.pdf

    Spain is a unitary state according the Constitution of 1978, although it is administratively divided into autonomous regions. Basque Country has large autonomous aspirations. Over the years, coexistence in larger state organisms, the Basques had relative autonomy and obtained many rights and privileges named fueros. Despite the temporary restriction or partial repeal during the nineteenth century and in the dictatorship era of Francisco Franco, the Spanish Constitution took into account the ambitions of the Basques respecting their individuality also in the field of restoring fueros, updated to the current situation of the state. Basque Country has in some fields greater autonomy than other regions of Spain, which is reflected in the Statute of the Autonomy. The Basque society largely accepts current conditions of the autonomy regulated by the Constitution and the Statute of the Autonomy. This resulted in, among others, partial social discontent against the plan to modernize the Statute of Autonomy, and most of all, marginalized terrorist organization ETA.

  • The Right of Indigenous Peoples to Self-Determination: International Law Perspective

    Author: Agnieszka Szpak
    Institution: Nicolaus Copernicus University in Toruń
    Year of publication: 2018
    Source: Show
    Pages: 178-204
    DOI Address: https://doi.org/10.15804/athena.2018.59.12
    PDF: apsp/59/apsp5912.pdf

    The author offers an international law perspective on a specific issue of self-determination of indigenous peoples. The article begins with the definition of indigenous peoples, then proceeds to self-determination in general. The last section examines the forms of indigenous selfdetermination and its meaning for indigenous peoples. Indigenous peoples have a right to self-determination which allows them for control over their destiny, their livelihoods, their culture and customs. It may be realized, most of all, in the form of autonomy or self-governance. As such, self-determination allows indigenous peoples to participate in decision making in matters that affect their rights.

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