THE COMPETENCE FOR THE PUBLIC PROMOTION OF CORPORATE SOCIAL RESPONSIBILITY

The Spanish Constitucional Court placed the "Iniciativa RSE-PYME", a public financial support aimed at implementing corporate social responsibility of small and medium sized enterprises, in the scheme of competences among the State and Autonomous Communities. The Court determines that the aim pursued to "Inicitativa RSE-PYME" is to improve the competitiveness of small and medium sized enterprises, which is an economic matter included in article 149.1.13 of the Spanish Constitution, related to the State competence about bases and coordination of general economic activity; and which is also included in article 148.1.13 of the Spanish Constitution, which allows Autonomous Communities promoting regional economy. According to it is a matter which the State holds a general competence and the Autonomous Community has also competence, and because there is no cause that justifies the centralized management, the Court determines that State can indicate the destiny and establish the essential conditions of the public financial support, but it must respect the competencies of Autonomous Communities to specify the legal regulation and manage the budget.