El Estado Autonómico Unitario y el informe del Consejo de Estado sobre la inserción del derecho europeo en el ordenamiento español

This paper analyses one section of the report by the Spanish council of state on the implementation of European law in the Spanish legal order, specifically discussing the suggestions put forward to order the relationship between state law and autonomous regional law. The article sets out to diagnose the situation created by the council of state – the disturbance by the autonomous regions of the incorporation of European law – and the proposed improvement – in particular the recourse to the harmonization act and a substitutory law pertaining to the central state. It then attempts to prove that the problem as described by the council of state does not exist, or at least not to a degree distinct from non-compliance by the central state. It therefore argues that the report of the council of state pursues a broader objective, oriented towards maintaining a particular interpretation of the state of the autonomies in the face of recent reforms to the statutes of autonomous regions. Finally, it offers an alternative view of the construction of the legal system, placing emphasis on judicial due process.