Asturias and the State negotiate discrepancies in the Cooperatives Law

The Bilateral Cooperation Commission of the General State Administration-Principality of Asturias has agreed to initiate negotiations to resolve the discrepancies expressed regarding articles 21, 125, 128, 132, and 136 of the Law of the Principality of Asturias 4/2026, of May 28, on Cooperatives. The agreement, adopted by the cooperation body between both administrations, has been published in the Official Gazette of the Principality of Asturias number 177, of September 14, 2026, by resolution of the Ministry of Presidency, Demographic Challenge, Equality, and Tourism.

The publication is ordered by the Resolution of September 7, 2026, signed by the minister Gimena Llamedo González, in accordance with the provisions of article 33 of Organic Law 2/1979, of October 3, of the Constitutional Court, as amended by Organic Law 1/2000, of January 7. The document bears the official code 2026-07450.

A mechanism to avoid the appeal of unconstitutionality

The agreement is part of the procedure provided for in the legislation of the Constitutional Court for the State and the autonomous communities to resolve their discrepancies regarding regional regulations before resorting to judicial channels. The Bilateral Cooperation Commission acts as a dialogue instance between both administrations to attempt to reach a negotiated solution.

The text of the agreement includes three main decisions:

• To initiate negotiations to resolve the discrepancies regarding articles 21, 125, 128, 132, and 136 of Law 4/2026.
• To designate a Working Group to propose the appropriate solution to the Bilateral Commission.
• To communicate the agreement to the Constitutional Court through any of the bodies mentioned in article 33.2 of Organic Law 2/1979, for the purposes contemplated in said provision.

Publication in both official gazettes

The agreement also provides for its insertion in both the Official State Gazette and the Official Gazette of the Principality of Asturias, thus guaranteeing its dissemination at both the state and regional levels. The resolution of the Ministry of Presidency, Demographic Challenge, Equality, and Tourism, signed in Oviedo on September 7, 2026, expressly orders the publication of the agreement as an annex.

Impact on the cooperative sector

Law 4/2026, of May 28, on Cooperatives constitutes the regional regulatory framework that governs the operation of cooperatives in Asturias. The discrepancies regarding the indicated articles affect specific aspects of the regulation, the resolution of which will condition the effective application of the law to the Asturian cooperative sector.

If the negotiations do not reach an agreement, the case could be transferred to the Constitutional Court, which would decide on the constitutionality of the contested provisions. The outcome of this process will determine the legal certainty of the cooperatives of the Principality and the balance of competencies between the State and the autonomous community.

Source: Official Gazette of the Principality of Asturias, no. 177, of September 14, 2026, I. Principality of Asturias, Other Provisions, page 1 (official reference: 2026-07450).