The case of concurrent jurisdiction is exactly the opposite of that of exclusive jurisdiction, since a situation is created involving the existence of a joint entitlement to the same function with respect to the same matter, in accordance with the constitutional provisions applicable in each case and in each country.However, it should be noted that the real significance of concurrent jurisdiction is found in federal systems in which member states can legislate on matters included in the constitution so long as the Federation does not make use of the legislative powers granted to it by the Constitution over the same area. This is a characteristic feature of federal systems but no parallel can be drawn with the Spanish autonomous system due to the fact that in the latter there is no explicit recognition of equal rights of the central and autonomous governments to hold jurisdiction over the same matter.
In the case of shared jurisdictions, the two polities are not both entitled to exercise the same function with respect to the same matter. Rather, there is a division of the responsibilities or of the functions that can be exercised with respect to the matter. In some cases, there is a division of the same function, especially the legislative function. In practice, the situation regarding shared jurisdiction is also dealt with in the Constitution and the Statutes of Autonomy, which enunciate the matters in which jurisdiction is subject to territorial distribution and define the actual division affecting the different areas of public action, which is in effect the same thing.In addition, powers over the same function can also be shared when the distribution of jurisdiction is split, provided there are two separate and particular spheres of action within a single function.This is what happens in the Spanish autonomous system. The state has the legislative power to establish the general principles in a specific area � called the bases � and the Autonomous Communities have the power to develop legislation along these lines.In these cases, the jurisdiction of the state consists of establishing the bases or basic principles to be applied in a specific area; while the Autonomous Community must limit itself to developing the legislation and is not empowered to intervene in the definition of its basic principles.
The Statute of Autonomy refers to this question: �Within the framework of the basic legislation of the state and, when appropriate, under the terms established therein, it is incumbent upon the Generalitat to develop and implement legislation in the following areas:
|Juridical system and system of responsibility of the administration of the Generalitat and the public bodies dependent on it, in addition to the statute of their civil servants.|
|Compulsory expropriation, administrative contracts and concessions, within the area under the jurisdiction of the Generalitat.|
|Retention for the public sector of essential resources or services, especially in the case of monopolies, and the auditing of companies as required by general interest.|
|Planning of credit, banking and insurance.|
|Mining and energy organisation.|
|Protection of the environment, without prejudicing the powers of the Generalitat to lay down additional standards of protection.|
It is incumbent on the Generalitat to develop the legislation of the system of Popular Municipal Consultations within the area of Catalonia, in accordance with the provisions of the laws referred to in Article 92, Paragraph 3 and Article 149, Paragraph 1, point 18 of the Constitution, it being the responsibility of the state to authorise such consultations.�
Shared Jurisdiction on Economic Matters
The same system applies to the powers attributed to the Generalitat de Catalunya regarding economic and educational matters, radio and television broadcasting, as well as health and justice.Regarding the question of jurisdiction over economic matters, the Statute of Autonomy provides that in accordance with the bases and planning of the general economic activity and monetary policy of the state, the Generalitat has sole jurisdiction over the following areas:
|Planning of economic activity in Catalonia.|
|Industry, without prejudice to whatever state laws may determine for reasons of safety, health or military interest, and the regulations concerning industries subject to legislation on mines, hydrocarbons and nuclear power.|
|Development and implementation in Catalonia of plans drawn up by the state for the restructuring of industrial sectors.|
|Agriculture and livestock farming.|
|Internal trade, protection of the consumer and user.|
|Corporate, public and territorial credit institutions and savings banks.|
|The public economic sector of the Generalitat. |
Shared Jurisdiction on Education, Health and the Media
In educational matters, the Statute of Autonomy grants the Generalitat full jurisdiction over the regulation and administration of education in all of its aspects, levels, degrees, categories and specialities, without prejudice to the provisions of Article 27 of the Constitution and the organic laws which regulate this matter. The state reserves the authority to regulate the conditions relative to the obtaining, issuing and standardisation of academic degrees and professional qualifications.
With respect to the media, the Statute of Autonomy attributes to the Generalitat, within the framework of the basic laws of the state, the power to develop and implement legislation regulating radio and television broadcasting, the press, and in general all media for social communication.On these terms, the Generalitat may regulate, create and maintain its own television, radio and press to its own ends.
In the area of public health, the Generalitat has the power to develop legislation and implement the basic laws of the state with respect to internal health matters, the social security system � except for the laws regulating the economic organisation of the same � and pharmaceutical products. The latter excludes the development of legislation on the part of the Generalitat.
Shared Jurisdiction on Judicial Matters
With respect to the administration of justice, the Generalitat has the power to:
|Exercise all the powers which the organic laws of the Judiciary recognises or assigns to the state Government.|
|Establish the boundaries of the regional divisions of the jurisdictional agencies of Catalonia and determine their seat.|
In this same area, in accordance with the provisions of the organic law of the Judiciary, the competent agency, at the request of the Generalitat, organises public competitions and examinations to fill the vacancies for magistrates, judges, judicial secretaries and all other personnel in the service of the Administration of Justice in Catalonia.
The Generalitat appoints notaries, property registrars and mercantile registrars, in accordance with the laws of the state, and participates in the fixing of the relevant regional demarcations and those corresponding to Mercantile Property Registers.