The Constitutional Court has declared the provision in the General State Budget Law of 2022 unconstitutional, which transferred the management of local officials with national authorization such as local secretaries and treasurers to the Basque Country. This decision was made after an appeal of unconstitutionality filed by the PP, supported by a majority of magistrates, and dissented from by Judge María Luis Balaguer. The court found that the provision exceeded the scope of a budget law and violated constitutional articles related to legislative post-statute, approval of budgets, and control over government expenditure.
The revised provision, while similar in wording, was also deemed unconstitutional by the court due to its exceeding the scope of a budget law and violating constitutional articles. The court emphasized that this decision did not directly impact on remuneration or economic aspects of officials with national authorization in local administration. The PP also alleged violations of constitutional rights related to autonomous community rights and state powers transfer but these issues were not addressed by the court as they were already successful in their appeal.
In summary, the Constitutional Court has ruled that the transfer of management of local officials with national authorization to the Basque Country as stipulated in the General State Budget Law of 2022 is unconstitutional. The court found that it exceeded the scope of a budget law and violated constitutional articles related to legislative post-statute, approval of budgets, and control over government expenditure. Additionally, this decision does not directly affect remuneration or economic aspects of these officials leading to its annulment.