Comunicació Alternativa Territorial

El Punt Avui - Les sentències desobeïdes per Rajoy

The rulings by the Constitutional Court (CC), the Supreme Court (SC) and the National Court disobeyed by Rajoy. El Punt Avui

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Rajoy’s government failed, at some point, to comply with more than 30 rulings by the Constitutional Court, the Supreme Court or the National Court

As a witness in the 1-O trial, the former PM said he wasn’t aware of it


Rajoy’s administration failed, at some point, to comply with more than 30 rulings by the Constitutional Court (CC), the Supreme Court (SC) or the National Court, which fully or partially justified the objections presented by the Generalitat to the highest courts against Royal Decrees or other decrees issued by various ministries.

This is not news because they have already been published in the media. The novelty is that the former Spanish President, testifying as a witness in the 1-O trial, denied, when questioned by Olga Arderiu, lawyer of the former Speaker of Parliament, Carme Forcadell, having any recollection that his government had failed to comply with them.

In February two years ago, in defence of the Catalan leaders indicted for the 9-N participatory process, Carles Puigdemont’s government published a report on 34 rulings with regard to conflicts of competence in which the three main Spanish courts had ruled in favour of the Generalitat, but which the Spanish state continued to breach.

The former member of parliament for PDeCAT and former councillor Francesc Homs filed a complaint against Rajoy; against the former Health Minister Alfonso Alonso, and against the Secretary of State for Social Services and Equality, Susana Camarero, for failing to comply with a final ruling by the Constitutional Court, dated on 19 January 2017, on subsidies related to 0.7% of Personal Income Tax.

This was one of 34 included in the report and the majority – 29 in particular – had been issued during the first term of Mariano Rajoy in charge of the government, two of them had took place during the government of the socialist José Luis Rodríguez Zapatero while the non-compliance with three more had been carried over from the administration of José María Aznar from the popular party.

The dispute between the State and the Generalitat over scholarships and customised funding for university studies had already begun during the government of Felipe González, but the first ruling by the Constitutional Court that would prove the Catalan government right took place in 2001 during Aznar’s administration. The rulings by the Constitutional Court that will ratify the rights of the Generalitat took place in 2015 and 2016 under Rajoy’s government, although the former ruled some precepts of a Royal Decree approved by Rodríguez Zapatero’s Executive unconstitutional. The latter concerns a Royal Decree approved by the government of Rajoy in 2013, which set the thresholds of income and family wealth and also the amount of scholarships and funding for the academic year 2013/14.

Secondly, there are 24 rulings by the three main courts relating to social services. Although all of these were issued during Rajoy’s government, half of the disputes began with decrees or Royal Decrees by Rodríguez Zapatero’s government in relation to the regulatory bases for subsidies in the area of Social Services, Family and Disability, as well as the Secretary General of Social Policy and Consumer Affairs, and grants to city councils and associations regarding the development of innovation programmes for the inclusion of immigrants. The one regarding the 0.7% of the Personal Income Tax allocated to cooperation also corresponds to a decree of Zapatero’s government, as well as another related to a resolution on subsidies for accommodation places for immigrants. In 2013 there was also a ruling by the National Court against a resolution by the Socialist government on grants for people with disabilities for 2009.

Eleven rulings on social services, however, already have an impact on initiatives promoted by Rajoy’s own government, also with regard to cooperation grants or programmes of general interest on account of 0.7% of Personal Income Tax, on local councils for the inclusion of immigrants or third sector entities.

Among the rulings on cultural matters, all by the Constitutional Court, one concerns the Instituto español de las Artes Escénicas y la Música (Spanish Institute of Performing Arts and Music) in relation to funding for newly created spaces and, also, funding for local corporations to promote cultural communication.

The three rulings on the environment concern funding for environmental organisations; biodiversity and prevention of pollution; and climate change, as well as associations declared to be of public interest and which undertake projects in this field.

Article traduït per AnnA @annuskaodena
Article translated by AnnA @annuskaodena

Source: El Punt Avui @elpuntavui

Author: Xavier Miró
Publication date: 19th of March 2019



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