Constitutional Court Strikes Down Unconstitutional Provision in General State Budget Law of 2022

The Constitutional Court has ruled that the provision in the General State Budget Law of 2022, which granted the Basque Country powers over the selection, approval of public employment offers, appointment of personnel, assignment of first destinations, and administrative situations for local officials with national authorization, is unconstitutional. This decision was made after an appeal by the PP and supported by a majority of magistrates, with dissenting vote from Judge María Luis Balaguer.

The revised provision was also deemed unconstitutional by the court as 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. However, the court emphasized that this decision did not directly impact the remuneration or economic aspects of these officials.

In summary, the Constitutional Court’s ruling declared unconstitutional the transfer of management of local officials with national authorization to the Basque Country as stipulated in the General State Budget Law of 2022. The court found that this provision exceeded the scope of a budget law and violated constitutional articles related to legislative post-statute and control over government expenditure.