Diferenciación competencial e igualdad de derechos de los ciudadanos: técnicas para conseguir el equilibrio en los Estados descentralizados

Abstract

Differentiation of competencies and equality of citizens' rights: techniques to achieve balance in decentralized states - The tension between political decentralization and equality of citizens' rights is an inherent element of every decentralized state. From the division of competencies among entities, a certain degree of asymmetry in the exercise of rights across the territory will arise. However, this asymmetry cannot be without limits, as it would endanger social and territorial cohesion and undermine the principle of equality. Therefore, in various decentralized states, formulas are established that make the state/federation responsible for ensuring a minimum and common equality of rights across the territory, from which diversity can emerge. The purpose of this paper is to analyze some of these formulas based on the experiences of the Spanish, Italian, and German legal systems.

Keywords: Decentralized State; Citizens' rights; Equality; Distribution of competencies