The governments of Spain and the Community of Madrid have opened negotiations to resolve their disagreement over a section of the regional budget law that the State considers irregular. as published this Tuesday in the official regional bulletin, since it mentions the now extinct “contract for work and service.” The convocation of the bilateral commission in which the two parties sit is the previous step to going to the Constitutional Court if there is no agreement, and represents the third warning of this type in just a month from the Executive of Pedro Sánchez to that of Isabel Díaz Ayuso: the State already took the same steps in March to challenge specific aspects of the reforms of the law against LGTBIphobia and the trans law of the Community of Madrid, approved in December thanks to the absolute majority of the PP and despite the opposition of associations, activists and left-wing parties.
The new clash between the two Administrations, which have been living from clash to clash since Díaz Ayuso came to power for the first time, in August 2019, has its origins in the Ministry of Labor and Social Economy. During the usual review of the approved regulations, the department headed by Vice President Yolanda Díaz detected a point in the regional budgets that it considered irregular, and thus transmitted it to the Ministry of Territorial Policy and Democratic Memory, in charge of relations with the Autonomous Communities. .
Thus, the article 37 of the regional budgets mentions the “hiring of temporary personnel to carry out works or services”, despite the fact that the 2021 labor reform led to the disappearance of this type of contracts.
“This article does not comply with labor legislation, since the Workers' Statute (ET) does not allow the conclusion of contracts for work or service, and limits temporary contracts to two very specific cases (circumstances of the production or substitution of working person)”, argues the Ministry's report, which eldiario.es published before the Government decided to take action on the matter. “Therefore, the regional legislator would be trying to introduce a new type of employment contract in labor legislation, when the State is the only one that can regulate these issues. If so, the Community of Madrid would be incurring a clear violation of the constitutional order of distribution of powers.”
This is what a central government spokesperson points out. “The hypothetical challenge to the law must wait for the result of the negotiations carried out precisely to clear up any doubts of unconstitutionality before appealing to the Constitutional Court,” he explains. “There are doubts about the compatibility of article 37 of the Madrid budget with the status of workers which, after the reform caused by RD 32/2021, reduces the possibility of entering into temporary contracts to two cases: circumstances of production or substitution of a working person.”
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However, this is not the only issue that confronts the two parties with the possibility of ending up in the Constitutional Court as a backdrop. Thus, a month ago the State and Madrid opened a negotiation that can only last a semester before ending in the high court, and that is focused on the reforms of the law against LGTBIphobia and the trans law of the Community of Madrid.
“These laws are in the negotiation phase with enough time to reach an agreement, since it expires on September 29,” explains a government spokesperson, although the discrepancies that cause the clash are significant. This is the summary of it.
- Law for Comprehensive Protection Against LGTBIphobia and Discrimination on the Reason of Sexual Orientation and Identity. Article 14 “pathologizes transsexuality,” believes the Ministry of Equality, by establishing that trans minors may only begin their hormonal treatment after an examination by a pediatrician, after being treated “by a mental health professional” (psychologist or psychiatrist). , or that they will need a “essential” favorable medical report if they have two or more mental illnesses or disorders at the same time. Furthermore, the central government challenges sections 15 and 17, which specify the rights to use spaces by trans people “without prejudice to the rights and privacy of other users, especially women, girls or boys.” . In the opinion of Equality, this reference to the use of common spaces based on sex (in minors' centers, supervised apartments, senior residences…) violates article 14 of the Constitution by undermining the principle of equality and represents a discriminatory use of the language. The central government also points out that the state law establishes an express prohibition of aversive or conversion therapies even if they have the consent of the interested person or their legal representative, while the Madrid law adds the tagline “without psychological counseling being able.” considered discriminatory or contrary to the freedom of the person evaluated.”
- Law on Gender Identity and Expression and Social Equality and Non-Discrimination. The ministry challenges that it denies associations, entities and organizations representing LGTBI groups the legitimacy to present themselves as accusations or represent victims in criminal or administrative sanctioning processes. And he reproaches: “This article violates article 149 of the Constitution, which attributes to the State exclusive jurisdiction in procedural matters and does not differentiate any procedure.”
In addition to these disagreements to be resolved in the bilateral commission, or the Constitutional Commission, the State and Madrid are settling fifteen legal disputes in the courts: from the management of the pandemic to fiscal policy, including the educational model, Sánchez and Ayuso maintain a legal battle with no apparent end in which article by article and law by law is discussed.
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