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http://revista.ieee.es/index.php/ieee 376 Journal of the Spanish Institute for Strategic Studies Núm. 10 / 2017 in circumstances regulating the exercise of its powers and in areas where these may be affected. This appeal was based on the fact that the Constitution does not mention National Security as a jurisdictional power and, even though this expression has been used on occasion in certain state regulations, it is not mentioned in the legislation on the Foreign and Domestic Security of the State (Organic Law 5/2005 on National Defence, Organic Law No. 2/1986, nor in that of Law-Enforcement and security Forces and Organic Law No. 4/2015, on the protection of citizen security). It was also argued that the new legal concept of National Security includes other concepts such as Defence and Public Security. In this sense, the Constitutional Court (hereafter CC) states that “the matter of ‘National Security’ is a new mandate, not provided for in art. 149.1 EC, nor in the Statutes of Autonomy which, as such, corresponds to the State by virtue of the residual clause of art.149.3 CE”, thus dismissing the remainder of the appeal. The conceptual framework and the context of National Security We now address the characteristic features and the context of National Security using a comprehensive secure system model and the Bartlett and Kugler combined methodology noted above. As stated in the aforementioned Law, “Reality shows that the challenges to National Security that affect society are sometimes highly complex, going beyond the boundaries of traditional categories such as Defence, Public Security, External Action and Intelligence, as well as others more recently incorporated into our concern for Security, such as the Environment, Energy, Transport, Cyberspace and Economic Stability.28 Ballesteros points out that “Comprehensive security implies a vision of security in its broadest sense, which recognises a balance between its political, economic, social-cultural and environmental dimensions. It therefore requires a balanced multidisciplinary design and approach” 29 while others point out that “the overall objective of this comprehensive approach is to improve the internal management instruments for dealing with the crisis and for coordination both internally and with other international actors”.30 28  Preamble to the National Security Law 36/2015, of September 28, Official State Gazette of September 29, 2015, no. 233, Sec. I. pp. 87107 Consulted on 29.9.15 on https://www.boe.es/diario_ boe/txt.php?id=BOE-A-2015-10389. 29  BALLESTEROS MARTÍN, Miguel Ángel. “Taxonomía de la seguridad” from En busca de una Estrategia de Seguridad Nacional. Ed. Ministry of Defence, General Technical Secretariat; Prologue Javier Solana; Edition No.: 1ª; Ed. Ministry of Defence, Madrid, 2016, p. 106. ISBN 978-84-9091- 176-1 (printed version). 30  MOURE COLÓN, Fernando. “Seguridad y Estrategia” in Armonización de las líneas de acción de la Estrategia Integral de Seguridad, Edition No.: 1ª; Ed. Dykinson, 2014, p. 43. ISBN 978 84 9085 226 2.


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