The lawyers warn in a harsh report that the proposal to shield López Miras’ tax cuts, which is being debated this Wednesday in the plenary session of the Chamber, may be unconstitutional by invading state powers
The legal services of the Regional Assembly of Murcia have issued a harsh report against the financial autonomy bill presented by the Popular Party, with which it intends to shield the tax cuts approved by the Government of Fernando López Miras. The proposal arrives this Wednesday at the plenary session of the Chamber, which has to decide on its consideration. The popular ones do not have the votes guaranteed for now to start the parliamentary process.
The report of the lawyers of the autonomous Parliament supposes an important setback for this initiative, which comes directly from the president of the Community, Fernando López Miras, who announced this law as a star measure in the State of the Region Debate held last June.
The letter from the legal services, to which LA VERDAD has had access, begins by recalling that the financial autonomy of the Region «is currently fully guaranteed through the mechanisms that both the Spanish Constitution and the rest of the legal system make available. disposal of citizens and public authorities when this may be undermined. Regarding the intention of the regional government to reaffirm the firm defense of this autonomy, the lawyers indicate that the legislative initiative is not “the most suitable instrument for it.”
The legal services of the Assembly understand that the articles of the bill “are merely declarative, limiting themselves to a large extent to reproducing constitutional precepts in a non-literal and partial manner, without express mention of them, and on matters with respect to which the Autonomous Community lacks powers. “This legislative technique – the report states – has been repeatedly proscribed by the Constitutional Court as deficient and dangerous, when not potentially unconstitutional.”
The purpose of Fernando López Miras with this bill is, basically, to prevent the central Executive from imposing fiscal harmonization that forces the regional government to eliminate bonuses in assigned state taxes such as personal income tax and, above all, Inheritance Tax and Donations. So in article 8 of the rule, the PP included a section that indicates that the normative power of the Community with respect to the assigned taxes cannot be modified by a state law. The report is blunt: «This statement entails a limitation to the normative power of the State, which in addition to being imposed in an ordinary law, would in any case exceed the autonomous powers, invading the state competence in matters of Public Finance, for which could be unconstitutional.
Nor are legal services clear about Article 11, which imposes on the Assembly, the regional government and its dependent bodies “the obligation to make use of as many mechanisms as the legal system makes available to them against any act that implies impairment” of autonomy. financial. The report sent to the parliamentary groups insists that “the Autonomous Community lacks the powers to regulate active legitimacy in legal proceedings whose purpose is the defense of financial autonomy.” In addition, it affirms that “the inclusion of the Regional Assembly as one of the subjects obliged to act in the sense indicated in the precept is not correct, since it could be considered as a violation of the autonomy it enjoys for the fulfillment of its purposes and the exercise of its functions.
In the air
Precisely this harsh report is what leads Juan José Liarte and Francisco Carrera, now deputies of the Mixed Group, to doubt their vote in the consideration debate this Wednesday. So yesterday the acceptance of this PP bill in plenary was still up in the air, the first to be held with the new composition of the Chamber after the disappearance of the Vox Parliamentary Group and the increase in deputies in the Mixed Group. “It is true that the bill can be changed with amendments, but there would be much to amend,” declared Juan José Liarte.
PSOE and Podemos, critical of Miras’ fiscal policy, will vote against it, as well as the two Cs deputies in the Mixed Group, who although they are in favor of tax cuts, believe that this law is made to confront the central government . Vox will announce its decision before the plenary session this Wednesday. This Tuesday they did not seem very convinced.
“Mere sale of smoke”
The deputy of the purple formation Rafael Esteban demanded that the Popular Party immediately withdraw the bill, which he describes as “legal nonsense.” “It is a law that makes no sense in a constitutional state like ours,” says Esteban, a collegiate lawyer since 1995, who recalls that “it is the Constitution, the Statutes of Autonomy and the laws that already determine this financial autonomy of the Community”. The text presented by the PP is for the Podemos spokesman “a mere sale of smoke” that is part of the electoral agenda that the popular want to impose.
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