From the agreement between the Government and the pro-independence groups, not only the amnesty can end up in the Constitutional Court (TC). Another of the relevant pacts, the one that affects railway services, could be seen before the constitutional filter, to determine how far the competence of the Generalitat can go.
The layouts of Suburbs They are part, in some cases, of broader lines of communication that could fall within the “exclusive competence” of the state. In 2016, the TC stopped the Basque Country’s attempt to take over several lines controlled by the Ministry of developmentincluding two Bilbao commuter lines.
The Constitution exclusively delivers to the State those “that pass through the territory of more than one Autonomous Community.” And he adds that the CCAA “may assume powers” in itineraries that are developed “entirely” in their territory. The TC has addressed the issue in several rulings, accepting that, together with the geographical criterion, it should be assessed whether the line is an “essential infrastructure” or has “general interest.”
The railway lines that the State assumes as exclusive jurisdiction are included in a ministerial order from 2015. Faced with this list of the central government, the Basque Executive presented a conflict of powers in 2016 in which it claimed control of several routes that ran within the Basque Country.
The TC agreed with him on two minor trips – one went alone to a factory – but said no on the essentials. Thus, he refused to grant the Basque Government the section that gave access to an “essential” infrastructure such as the Port of Bilbao. And he also did not accept that he take over several lines that were part of Bilbao’s commuter transport.