The PP resorts to the Constitutional the Law of Efficiency of Justice for including the assignment of officials to the Basque Country | Spain

The PP has appeared unconstitutionality against the Public Service Law of Justicebecause the norm includes the transfer of competences on the work of « officials with national authorization. » The popular parliamentary group considers that this « assignment to the PNV » is unconstitutional because « it attributes exclusive powers of the State to the autonomous community. » The challenge states that this reform implies a “fracture” in the uniformity of local administration officials with national authorization, such as secretaries, treasurers or municipal auditors.

The appeal states that at these extremes the Public Service Law of Justice attempts against the distribution regime of powers contemplated in Article 149.1.18 of the Constitution, on the legal regime bases of public administrations. He adds that the reform also calls into question the possibilities provided for in the fundamental law to « assign, commission, delegate or enable state powers to autonomies. » The PP argues that the change is made « of cover » and without an exposure that justifies it, which « violates the jurisprudence of the constitutional. »

The challenge is also based on the criteria that the new legislation bankrupt the equality of public officials, since « unduly affects the fundamental right to equality in access to public functions and positions. » On the other hand, the appellants specify that the jurisprudence of the guarantees body is violated because the Basque Country is given to the State that are exclusive to the State, which means that the Government causes a “fracture or destruction of the uniform nature of the scale of local administration officials with national authorization”.

He Popular Party It considers that the attribution of functions that are typical of the State to an autonomous community « does not guarantee the same treatment to all officials » because autonomy could require different requirements for access or promotion in certain positions. It would be, in short, the “abrupt and unjustified” breakdown of a regulation that – adds the challenge – has remained in force in Spain for more than a century, despite the different political regimes. The general secretary of the PP, Cuca Gamarrahe stated in this regard that « the Government returns to political trileism, locking an unconstitutional legal change to give a new assignment to its partners. »

The appeal also relies that the Constitutional already stopped a similar initiative last year. The PP cites in this sense that the guarantees organ rejected such a provision « After the Government tried to include it in the general budgets of the State of 2022, » in any case, the court annulled this regulation for not having a link with the public accounts, but did not pronounce on the rest of the reasons on the alleged disability of the reform, which was appealed by the professional colleges and by the superior court of the Basque Country.