Regulatory powers on the 'physical' public space, in particular of the Spanish local authorities

Abstract

Beyond the concept of public property designated for a public use or for the provision of a public service, public space is, above all, a place for exercising fundamental rights. The planning of that space, which is the territorial dimension of democracy, is a responsibility - within their respective competences - of the central government, the autonomous communities and also the municipalities through municipal bylaws that, even though they are not regulations pursuant to an act, are subject to the principle of legal reservation if they aim to ensure social coexistence, guaranteeing the possibility for all citizens to enjoy public space while they exercise their rights in a respectful way towards the rights of the others.