Las figuras de economía social en la Constitución Española de 1978

Abstract

The Spanish Constitution in article 129.2 establishes a mandate (and thus an imperative order) to the state powers to promote the figures and mechanisms of the social economy. This support is juxtaposed to the constitutional rules defining the Spanish economic and bs system The roots of the aforesaid support are in the Social Status established by the Constitution and in the right of all citizens to take part in economic life. However, article 129.2 of the Constitution is heterogeneous in content, making demarcation necessary. Although the rule only explicitly mentions co-operatives, work associations reunite the necessary and sufficient conditions (company organisation, voluntary access, worker decision making power within the company, the guarantee of permanent worker power) to be included in the constitutional promotion mandate. Lastly, there are two aspects of aid to social economy companies which do not allow discussion. Firstly it must facilitate subsidies for spreading and training those interested in matters relating to this type of association. Secondly, joint tax responsibility must be suppressed if a social economy company follows a capitalist company in an operative business.Constitution, promotion, social economy, social status, co-operatives, work associations, means of production.