The conceptual evolution of << minors >>, referring to real subjects of rights and duties instead of mere objects of protections, has not only entailed a substantive change, but also a change in State and regional powers. Differences between Organic Law 1/1996, of January 15, on Legal Protection of Children in 1996 and recent Organic Law 8/2021, of June 4, of Comprehensive Protection of Children and Adolescents against Violence (LOPIVI) poses new challenges to define the limits of State and regional powers in childhood and adolescence protection within the constitutional and regional framework in place. Beyond powers to establish civil regulations -traditionally used by the State to regulate childhood protection- and powers to address social welfare -exercised by Autonomous Communities-, the adoption of LOPIVI makes us interpret other powers in that field. Some of them raise challenges concerning the definition of << basic legislation >> in several areas (education, health, administrative matters.). Others -most of them in fact- raise issues concerning the limits of << basic conditions >> mentioned in article 149.1.1 SC. In all cases, LOPIVI offers a few certainties but also casts doubts on the limits of State powers to protect children and adolescents in Spain, compared to regional powers. We will analyze those powers in depth and we will assess the political solution achieved in order to solve the problems observed (at least provisionally). We will also propose some future interpretative guidelines to define State and regional powers more precisely in relation to childhood and adolescence protection in Spain.
