From the collision with the freedom of business hours to the invasion of autonomous powers or the «defective» sanctioning regime
The Government of Isabel Díaz Ayuso has established the most belligerent opposition to the energy saving plan promoted by the PSOE and United We Can and will take the royal decree-law that regulates it before the Constitutional Court. “It goes against trade, tourism and the feeling of security,” the Madrid president wrote last night on Twitter. The regional Executive has advanced this Tuesday the ten points of the decree that it considers to have defects from the constitutional point of view.
The legal services of Puerta del Sol maintain that the basic character alleged by the State to invade regional powers is declining because “the objective of the Royal Decree Law (RDL) is not to guarantee the supply of gas, since the RDL itself affirms that Spain does not He has that problem.” Hence, they consider that “minimums or maximums cannot be established in the temperatures of air conditioning and heating.”
In the same way, this basic character is questionable because “we are facing a European agreement -justified in the Community of Madrid- that is not mandatory”. They also believe that the closing of the doors of the premises and work centers “collides with the Public Health regulations issued on the occasion of the pandemic and that establishes the need for ventilation.”
They consider that the obligation to install posters or screens to inform about energy saving measures, as stated in the royal decree-law, “does not contribute directly to said energy saving, so it invades regional powers without justification.” Also that the extension of the prohibitions to renewable or self-consumption energies »exceeds the necessary proportionality».
The exception of Europe
Regarding the turning off of shop windows, the Government of Díaz Ayuso has been warning for days that Spain will be the only country in the entire EU that will turn off its shop windows at 10:00 p.m. this Tuesday. That decision, they argue, “collides directly with the Law on Freedom of Business Hours of the Community of Madrid, which allows opening 24 hours a day.” Along the same lines, he points out that the shutdown of public buildings »would collide with the competence of the care and use of the Community’s own buildings» and with tourism development.
In Sol, they argue that the punctual advancement of the next inspection of energy efficiency in facilities “could exceed the state bases, since the periodicity of these inspections is not basic.” They also affirm that there is a “discrepancy between the expected duration of the measures between the European regulations”, which includes one year,- “and that indicated in the decree”, which imposes the measures until October 2023.
Lastly, they insist that the “defective” configuration of the sanctioning regime may entail “legality or constitutionality defects in the sanctions that may be imposed”, as happened, they stress, in those derived from the states of alarm” during the worst moments of the pandemic.
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