Concept and limits of the “regulatory power” of the Autonomous Regions – a systemic analysis

Abstract

In the scope of this work, we sought to understand, based on a systemic theory of regional law, how the regulatory powers of the autonomous regions fit within the Portuguese legal system. To this end, we adopted a theoretical approach, elaborating on the concepts of regulation, system, and normative subsystem, as well as the normative relationships established within each (sub)system. By applying the idea of a 'system' to the regulatory power of the autonomous regions, we concluded that it presents several flaws and gaps—ranging from a regulatory hierarchy that does not fully align with the principle of subsidiarity, to the use of forms reserved for legislative acts to characterize the regulatory acts issued by the legislative assemblies of the respective autonomous regions. Therefore, in the matter of it’s regularory powers the regional subsystem requires a careful and thorough revision.