State and Autonomous Communities competences in the subject of dependent people

Abstract

This work analyzes the Spanish Constitutional Court sentence with number 36/2016, of 3 March. This Judgment addresses the difficult and unstable delimitation of powers between the State and the Autonomous Communities on Social Assistance. Specifically, what the Judgment resolves is whether the modification of the Home Help Services (Servicios de Ayuda a Domicilio in Spanish), and the system of incompatibilities of benefits and services "introduced by the Real Decreto Ley 20/2012 of 13th of July, in the Act of personal autonomy promotion and care for people in situations of dependency" violates the distribution of powers between the State and the Autonomous Communities on Social Assistance. The Constitutional Court considers that the amendments respect the distribution of powers between these two administrative levels. And in this way, the Court reasons that this modifications would be covered by art. 149.1.1 of the Spanish Constitutional Chart. According to the Constitucional Court, this modifications establish basic conditions intended to ensure the equality of all Spaniards in the exercise of rights and fulfillment of their constitutional duties, without encroaching on the powers that the Autonomous Communities have been conferred on Social Assistance.