La problemática de distribución de competencias en materia de salvamento marítimo. El caso del Derecho español

Abstract

The 1978 Spanish Constitution established a distribution of competences between the Central Government (Executive) and Spanish Regions (Comunidades Autonomas). 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 Maritima - 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.