Estimates the resource of the National Confederation of Construction
MADRID, 3 Oct. (EUROPA PRESS) –
The Contentious-Administrative Chamber of the Supreme Court has annulled the expansion of the corporate purpose of the State Land Entity (Sepes) to the activity of rehabilitating publicly owned real estate for having omitted the public consultation process in the procedure for preparing a general provision.
The Supreme has rejected the allegation of the State Attorney, which defended that it was a self-organizing rule of the General State Administration, effectively ‘ad intra’, and, therefore, the public consultation process could be dispensed with, according to Government Law.
For its part, the Supreme Court has considered that “the rules that regulate the corporate purpose of any legal person never exhaust their effectiveness at the internal and purely self-organizational level.” In addition, as it is a public entity, its corporate purpose defines “its legitimate scope of action and, where appropriate, the sphere within which it can exercise the administrative powers legally conferred on it”.
“The scope of action of a public entity is an essential element for the proper functioning of the principle of legality of administrative action and, for this reason, its delimitation can never be considered as a merely domestic matter of the Administration”, adds the sentence .
The judges have determined that the contested regulatory precept is not an organizational norm and, therefore, is not within the possible exception to the general rule that in the preparation of general provisions there must be a public consultation procedure.
The Supreme Court has thus estimated the appeal filed by the National Confederation of Construction (CNC).
