Unconstitutional Transfer of Local Officials with National Authorization to Basque Country Ruled by Constitutional Court

The Constitutional Court has ruled that the provision in the General State Budget Law of 2022, which transferred the management of local officials with national authorization to the Basque Country, is unconstitutional. This decision was made in response to an appeal filed by the PP, with a majority of magistrates supporting the claim. Judge María Luis Balaguer dissented from the ruling.

The court found that the revised provision, although similar in wording, also 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 court emphasized that while the provision did not directly impact the remuneration or economic aspects of officials with national authorization in local administration, it still exceeded its authority under the law.

The PP also alleged violations of constitutional rights related to autonomous community rights and state powers transfer, but these claims were not addressed by the court as they were already successful. 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