Regime jurídico da resolução de conflitos de competência entre os órgãos de governação descentralizada

Abstract

Decentralisation results in the simultaneous existence of several public legal entities that share various legal and political aspects that may lead to territorial, political and administrative overlap. Decentralised governance therefore includes provincial and district decentralised governance bodies and local authorities. Decentralised governance bodies, as individuals elected by the localities of which they are part, require functional powers (competence) to carry out the duties assigned to them by the Constitution. The duties of decentralised entities are not limited to those provided for at constitutional level, meaning that there are other duties listed in ordinary laws. As regards the resolution of conflicts of duties and competences, this was resolved through administrative means (administrative model) consisting of administrative bodies, the Administrative Court and administrative courts. However, with the constitutional review of 2018, the Constitutional Council was therefore given the power to resolve conflicts of powers and competences, involving the decentralized governance bodies and representation of the State in the province, thus giving rise to the constitutionalist model of conflict resolution.