MADRID, 21 Oct. (EUROPA PRESS) –
In September, the Ministry of Territorial Policy reached four agreements with the Community of Madrid, the Basque Country, the Balearic Islands and Extremadura to avoid filing appeals of unconstitutionality against certain precepts of their Budgets in which there were jurisdictional conflicts.
These agreements with the autonomous communities have been achieved within the bilateral cooperation commissions, through article 33.2 of the Law of the Constitutional Court, which is the legal instrument authorized for collaboration with the autonomous Executives.
In the Budgets of Madrid, the controversy was in relation to article 61 –specialties in the processing of procedures–, second section. In this sense, both parties have agreed that the Madrid Executive assumes the commitment to interpret and apply the aforementioned precept in accordance with the provisions of article 50 –urgent processing– of the decree of urgent measures for the modernization of the administration and the execution of the Recovery Plan.
This same agreement has also been reached with the Basque Country, although, in its budget law, the specialties in the processing of procedures are found in article 32. However, the Basque Executive assumes the same commitment as in the case from Madrid.
Of course, in relation to the fifth additional provision –modification of public sector contracts–, both parties have agreed that the interpretation and application of the provision proceed in accordance with the wording of articles 203 and 204 of the Public Sector Contract Law.
With regard to the budget law of the Balearic Islands, discrepancies have been shown with the twelfth final provision, for which an additional provision seventh is added to the Law on waste and contaminated soils on the execution of a pilot test of the Deposit system, return and return in Formentera.
Here, both parties have agreed that the Government of the Balearic Islands assume the commitment that the pilot test will be carried out under the terms established in the waste law and the decree on packaging and packaging waste that will shortly be approved by the Council of Ministers.
Likewise, both parties have agreed that the Executive of Francina Armengol assumes the commitment to start the execution of the pilot test before this decree is approved, which the central government hopes to give the green light before December 31 of this year.
Regarding the Budgets of Extremadura, both parties consider that the jurisdictional disputes regarding the measures applicable to cases of extraordinary and unforeseeable alteration of the prices of materials in public works contracts have been resolved, so that, in relation to the fifteenth additional provision, Both parties have agreed that the Government of Extremadura undertakes to promote the corresponding legislative amendment.
But not only the Ministry of Territorial Policy has reached these agreements on Budgets, also in the month of September it has reached another five agreements on other matters to avoid appeals before the Constitutional Court.
For example, in the Cantabrian law of fiscal and administrative measures, in which both parties have agreed that the application must be based on the basic state regulations.
An agreement has also been reached with Catalonia on its law on fiscal, financial and administrative measures, which have to do with the interpretation of the precept that speaks of guarantee deposits for credit operations.
Another of the pacts has been with the Basque Country in its environmental administration law of December 9, 2021, which affect several precepts that have finally been resolved, as is the case with the Andalusian decree by which environmental protection measures are adopted. administrative simplification and improvement of regulatory quality for economic reactivation.
Finally, the central government and the Valencian Community have reached an agreement on various precepts of the Law on fiscal measures for administrative and financial management and organization.
