Abstract

JIMENEZ-VALDERRAMA, FERNANDO A.. THE PROBLEM OF COMPETENCE DISTRIBUTION IN MARITIME RESCUE. Díkaion [online]. 2011, vol.20, n.1, pp.165-189. ISSN 0120-8942.

The 1978 Spanish Constitution established a distribution of competences between the Central Government (Executive) and Spanish Regions (Comunidades Autónomas). Some of the competences remained exclusive to the Central Government (Executive) and others are shared with the Regions. Marine Salvage is a shared competence. The Central Government has the right to create Statutes, and the Regions can execute them. Each Region must create its own Statute of Autonomy in agreement with the Central Government. At national level, Maritime Salvage is regulated by the Spanish State Ports and Merchant Marine Act of 1992. This Statute created a Salvage National Service Agency (Sociedad de Salvamento y Seguridad Marítima - Sasemar) which has been ratified by the Spanish Constitutional Court as a valid rule. The Canary Islands Autonomous Community enacted several regional laws using its constitutional competences on Maritime Salvage.

Keywords : Constitutional competences of regions (Comunidades Autónomas); distribution of competences in the Spanish Constitution; maritime salvage; maritime salvage regulation; maritime salvage regulation in Canary Islands region.

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