Last Thursday, the Congress of Deputies approved the Efficiency Law of the Public Justice Service that the PSOE took advantage of to protect one of the agreements reached with the PNV in the last legislature. The norm that had been vetoed by the PP in the Senate, included a seventh final provision by which the management and regulation of the local auditors, secretaries and treasurers. These bodies are part of the local Administration officials with national authorization, that is, they provide their services to the town councils but depend on the State at a formal level.
Currently, this autonomous community already has this competence, which with this new attempt has been transferred three times. However, this is a preventive move, according to knowledgeable sources, since the last time it was approved through a royal legislative decree that could decline in the coming weeks. The reason is that the Superior Court of Justice of the Basque Country raised a question of unconstitutionality regarding the last public employment offer that included 174 seats and in which mastery of Basque was introduced as a requirement and not as a merit. The High Court has not yet ruled, but the TSJPV decided to suspend the offer of public employment as a precautionary measure last week.
This is why these parties fear that the Constitutional Court will question the urgency required by any legislative decree and overthrow this transfer, as it already did at the beginning of 2024, and they have put in place a safeguard. In April, the TC magistrates concluded that the transfer was unconstitutional after upholding the appeal filed by PP deputies and senators. The change had been introduced in the law that accompanied the General State Budgets of the year 2022 and the Constitutional Court indicated that this matter of public function “exceeds the possible content of a budget law” and that it had no connection with its remuneration system.
This is the fourth time that the transfer has been regulated, since this competence was transferred to all the autonomous communities between 2007 and 2013, after which it was decided to recentralize the announcement of the places. and he General Council of Colleges of Secretaries, Auditors and Treasurers of the Local Administration (Cosital) criticizes the way in which the procedure has been carried out again, since the change was introduced as an amendment to an organic law that had nothing to do with this aspect.
“We will continue working at a legal level,” says the vice president of the body, Rafael Santiago, in conversation with elEconomista.es, who highlights the risk that professionals in charge of monitoring public spending by city councils and monitoring compliance with the deficit, could be influenced by a much closer level of Government, such as that of autonomy, in a context of return to fiscal rules throughout Europe where they will have a determining role.
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