The TC overthrows Basque jurisdiction over municipal secretaries and other officials dependent on the state

The plenary session of the Constitutional Court has accepted, by a majority vote, the call of unconstitutionality propagated by more than fifty deputies of the Popular Parliamentary Group in Congress against the first final provision of Law 22/2021 of December 28 on the general state budgets for the year 2022, which amends Law 7/1985 of April 2, regulating the foundations of the local regime.

According to the constitutional ruling, this provision established that, within the scope of the Autonomous Community of the Basque Country, all powers provided for in the law regulating the foundations of the local regime will be assumed in respect of local administrative officials with national consent. under the conditions laid down in regional regulations.

The ruling, for which Judge Enrique Arnaldo Alcubilla was the rapporteur, after finding that there has been a sudden loss of the subject matter of the appeal due to the fact that the contested provision has been reworded (with a similar wording) recognizes by Royal Decree-Law 6/2023 of December 19 that this provision goes beyond the possible content of a budget law and is therefore contrary to art. 66.2 and 134.2 of the Constitution.

“This is a rule relating to public functions, which is neither related to the remuneration regime of local government officials with national qualifications nor has a direct economic impact on revenues or expenditures,” the ruling states.

And he adds that the approval of the appeal on unconstitutionality for the above reason determines that it is not necessary for the Court to examine the remaining objections of unconstitutionality that the appellant’s deputies have directed against the contested provision (violation of the articles 149.1.8 and 150.2 of the Constitution). ).