The Bilateral Cooperation Commissions were established from the end of the eighties, without specific legal provision, as bilateral cooperation bodies between the State and the Autonomous Communities, each of them being regulated by their respective internal operating rules.

The first regulation with legal status of the Bilateral Cooperation Commissions was produced by Law 30/1992, of November 26, on the Common Legal Regime and Administrative Procedure. Article 5.2 defines them as cooperation bodies of bilateral composition and general scope that bring together members of the Government, representing the General Administration of the State, and members of the Governing Council, representing the Administration of the respective Autonomous Community. Its creation is effected by agreement, which determines the essential elements of its regime.

These Commissions were given new functions with the reform of article 33 of the Organic Law of the Constitutional Court through Organic Law 1/2000, of 7 January, in order to avoid the establishment of conflicts before the Constitutional Court.

Most of the Statutes of Autonomy approved in 2006, 2007 and 2018, regulated bilateral cooperation more extensively, mainly through Bilateral Commissions. In this way, the Statutes of Catalonia, Andalusia, Aragon, Castile and Leon, Extremadura and the Canary Islands gave greater relevance to the Bilateral Cooperation Commissions, as permanent cooperation bodies of a general nature. In addition, the Statutes of Catalonia, the Balearic Islands, Andalusia, Aragon and Extremadura created other specific cooperation bodies in economic-fiscal matters.

Subsequently, Law 40/2015, of 1 October, on the legal regime of the public sector, in its article 153 regulates these bilateral cooperation bodies, without prejudice to the peculiarities that, according to the basic purposes envisaged, are established in the Statutes of Autonomy in matters of organization and functions of the Bilateral Commissions.