From the Mutations in the Economic Constitution of 1978 to the Constitutional Reform of its Section 135

Abstract

The idea of constitutional mutation, as an opposite practice to the formal amendment of the written constitution, has its fully application on the economic matters reflected and regulated in the constitutional document of 1978, since the economic activity is essentially smooth and dynamic. And the study and consideration of the constitutional mutation, in relation to our current constitutional document is justified, at least, for the following reasons: (i) the word “Economy” is part of one of the Titles of its text, (ii) there are numerous sections referring, in one way or another, to economic matters or institutions, and (iii) the impact of the European economic order on our Constitution has led to its first depth reform.
From this starting point, the mutations experienced by the concept of economic planning are analysed. Mutations occurred after the renunciation of the establishment of the economic planning as an ordering principle of the general economic activity, those derived from the accession of Spain to the European Communities in 1985, as well as those resulting from the creation of the Mixed Committee for the European Union, or those related to the public company, through the processes of privatization. All mutations experienced until reaching the reform of Section 135 of the Constitution, which aimed to introduce the budgetary stability as a core principle of our economic system.