The Community of Madrid has agreed to file an appeal before the Constitutional Court (TC) by the decision of the central government of modifying the Foreigner Law on the distribution criteria of unaccompanied foreign minors when considering that “It lacks justification” and does not take into account the autonomous communities.
The Governing Council has given Wednesday the instruction to the General Advocacy of the Community of Madrid to resort to the Royal Decree Law 2/2025 With these changes that was approved by the Council of Ministers on March 18, said the Minister of Presidency, Justice and Local Administration, Miguel Ángel García Martín.
Specifically, the counselor has affirmed that they will not continue tolerating from the this community “discretionary” distribution agreed with Junts “With the sole purpose of getting those seven votes that Pedro Sánchez needs to stay in La Moncloa, leaving this distribution of unaccompanied foreign minors.”
“They are not interested in the attention of these minors, which interests Pedro Sánchez and his government is Those seven votes are guaranteed. The first thing you have to do is put an end to the migratory chaos that our country is experiencing, controlling borders, Reach agreements with countries of origin and agree with our European Union partners“He stressed.
According to the report of the General Law of the Community of Madrid, that Royal Decree Law “Infringe several precepts” of the 1978 Magna Carta forks “unconstitutional By invading the exclusive competencies of the regional government “, since the initial reception and foster care of a minor foreigner corresponds to the autonomous communities that have been assumed statutory in matters of protection and guardianship of minors.
In addition, consider that they are violated “Their fundamental rights, moving them for subjective quotas and without prioritizing the guarantee of their assistance.”
At the same time, he assures that the text validated by the central government is “contrary to the principle of solidarity and loyalty between administrations” since the application of the distribution criteria “It lacks justification and have been carried out without the Autonomous Communities.” “Also violates the constitutional principle of financial autonomy of the regions, since the central executive does not guarantee the necessary economic contribution to Attend with guarantees to minors displaced, “he adds.
The resource of the Community of Madrid before the TC also indicates the “Inadequate use of the figure of Royal Decree Law”, since they believe this legislative reform would have to be carried out through Organic Law by affecting the rights and duties of citizens (articles 81.1 and 86.1 of the Spanish Constitution). In addition, it demands the “extraordinary and urgent need to take measures, despite the fact that RDL itself recognizes that the problem exists from at least eight years.”
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