LA LEALTAD INSTITUCIONAL COMO PRINCIPIO DE RELACIÓN ENTRE LAS ADMINISTRACIONES PÚBLICAS

Abstract

This essay tries to strengthen, in the light of the legal doctrine, the case law and the considerations arisen from these, a light and complex principle. This principle gains a special importance in a highly decentralized state, as ours, in which the connections between the public entities and its institutions are so many. These connections also require an instrument of connection between the state unity and the recognized autonomy of its nationalities and regions. 
The institutional loyalty, faithful representation of constitutional loyalty, demands the fulfilment of some duties for everyone. Among them, we find the duties of not carrying out an outrageous use of the ascribed competences, carrying out these ones in a loyal way, coordinating with all the public entities, respecting the concerns of others, and cooperating and assisting in the practice of the own competences. These duties, far from being a burden, manage to make lighter the specific weight that the unity and autonomy principles usually acquire. They demand rules of behaviour, which go beyond those legally owed. This is because they entail an internal adhesion component to the whole organization system of a social and democratic Rule of law.