The Ombudsman, Ángel Gabilondo, assured this Tuesday the Spanish Committee of Representatives of People with Disabilities (Cermi) that he monitors that the resolutions on the recognition of the situation of dependency and the right to services and associated economic benefits dictated by the communities autonomous and the regulations approved in this sense are adapted to Royal Decree 6/2023, by which litigation in this area becomes dependent on the social jurisdiction.
This appears in a communication that Gabilondo sent today to the president of Cermi, Luis Cayo Pérez, where he informed him of the completion of the complaint that his entity had purposely filed.
As explained by the Ombudsman, article 104 of Royal Decree-Law 6/2023 (of December 19) by which urgent measures for the execution of the Recovery, Transformation and Resilience Plan in matters of public service of justice, public function, local regime and patronage, modified article 2 of Law 36/2011 regulating social jurisdiction.
In this way, the controversies over the recognition of the degree of dependency and claims related to services and associated financial benefits They became dependent on the social courts (previously, they were processed through contentious-administrative channels).
Cermi claim
For years, Cermi had demanded that the judicial control of actions on the recognition of the dependency situation and the right to the benefits of the system regulated by the Law for the Promotion of Personal Autonomy and Care for Dependency was carried out from the social jurisdiction, which “is the way that regulates the administrative acts of Social Security.”
In his opinion, the contentious-administrative “was not the most appropriate order” to deal with these matters, since “the benefits regarding the promotion of personal autonomy and protection of situations are not of an ex-gratia nature, but rather form a authentic system of rights” and “has a great proximity to the Social Security systemwhich justifies that judicial control is carried out with the same procedure”.
Besides, Going to the contentious-administrative jurisdiction means “waiting four to five years to the final resolution, while in the social jurisdiction the processing period for non-urgent issues usually does not reach a year, the procedure is brief and is regulated in a single act, not requiring the intervention of the attorney,” he added.
Ex officio performances
In his communication, Gabilondo also informed the president of Cermi, “in case it were of interest”, that since March 4, 2024, the Ombudsman “has been examining the resolutions issued by the regional administrations and the regulations approved by them after the publication of Royal Decree-Law 6/2023″.
In fact, it has initiated several actions in this regard, and gave the examples of the Department of Health and Social Services of Extremadura, which issued a resolution inviting the interested person to appeal through administrative litigation; the Department of Family, Youth and Social Affairs of the Community of Madrid, because it continues to refer to this avenue in its resolutions; and the Junta de Andalucía, which has not yet modified the regulations that allow appeal before the administration in charge of issuing the resolutions on dependency. The first has already rectified and the other two are studying what to do.
Furthermore, the Ombudsman announced that he will initiate a ex officio performance for the Region of Murcia to reform its Law 3/2024, of November 11, which modifies Decree 74/2011, regulating the procedure for the recognition of the situation of dependency and the right to the services and economic benefits of the system for autonomy and dependency care in the Autonomous Community. This regulation establishes the regime of infractions and sanctions, and has not introduced the pertinent reference to social jurisdiction.
#Ombudsman #ensures #dependency #disputes #resolved #social #courts
