Alteración de términos municipales y racionalización de la planta localreconsideraciones en un nuevo contexto social y normativo

Abstract

The present research is part of the analysis of the problematic around the alteration of municipal terms, the minifundismo of the local plant and the new context from which to confront this problematic. The methodology used is based on legal, jurisprudential and doctrinal analysis, supported by statistical data derived from the consultation of official sources and other public and private organizations. The research has been adjusted to a work plan structured in the following phases: 1) Introduction to the subject and approach of the problem, 2) Research phase, 3) Analysis and discussion and 4) Final writing and deposit of the thesis. The thesis begins with a first chapter of general character about the municipality and the historical evolution of the legislation on local regime and alteration of municipal terms. The second chapter consists of a substantive analysis of the legal regime of the alteration of municipalities and the institutional guarantee of local autonomy. In this regard, chapter three examines in detail, at the state level, the assumptions of alteration of municipal terms, requirements, procedures and effects that they cause. This analysis is completed with a fourth chapter in which a comparative study, at the regional level, of the legal regime of local territorial alteration is carried out. Focusing on the question of the local plant and the last reforms that have tried to influence it, the fifth chapter, in its first part, raises the problem generated by inframunicipalism and municipal local atomization. And in its second part, it is dedicated monographically to the modification carried out by the LRSAL, making an assessment of its context, objectives that it pursues, measures implemented to reach them, jurisprudential pronouncements about it and final assessment. Given the complexity of the local plant, it has been considered appropriate to add a specific chapter, the sixth chapter, on local spatial planning in Europe, which analyzes the two main models on the basis of which the European countries have structured their local plants and the consequences on the european municipal map. The thesis concludes with the seventh chapter, which studies the proposed proposals for the rationalization of the municipal map, the lace of the Diputaciones in the local territorial model, the compatibility of local autonomy with the suppression of municipalities and possible state competence to agree, as well as the existence of other relevant factors reinforcing the proposals based on the merger, with particular reference to e-government. To conclude proposing the model of clustering of municipalities by fusion as the most suitable option to reorder the local plant. In summary, the idea that inspired the development of this thesis is to highlight the shortcomings of the local territorial model, suggesting the need to reform it based on the reconsiderations required by a new social, technological and normative context. While the problems derived from minifundismo continue being basically the same as those of a century ago, the society and the rural world have evolved vertiginously in the last times. In the century of globalization we are increasingly citizens and less neighbors, the kilometers of road network communicated by municipalities have multiplied and the innovation that has led to e-administration and deterritorialization has revolutionized our way of communicating with the administration. All these factors, together with the recent legislative changes and jurisprudential pronouncements, make us have to rethink the vision from which we face the debate on the reordering of our atomized municipal map.