Naturaleza jurídica de los reglamentos de ley marco, y su control judicial

Abstract

The legal nature of framework law regulations has been discussed in the jurisprudence, however the debate should not be considered completed, as long as due to its special characteristics there are still arguments that support the executive or legislative nature of this type of rules. This article provides a jurisprudential and doctrinal analysis of framework type laws, but particularly of the decrees implementing or regulating them. It is important to analyse who exercises judicial control over these regulations, i. e. the Council of State or the Constitutional Court, and the consequences that this entails, in relation to the timing of such control. Finally, it determines the reasons why such decrees should be recognized as legislative or at least eclectic, requiring judicial control by the Constitutional Court. The lege ferenda function is the methodology used in this work, since it leaves a proposal of change in front of the juridical nature of the regulations of framework laws to consideration, supporting that this system of normative delegation is in agreement with the constitutional framework.