The Constitutional Court has declared the provision in the General State Budget Law of 2022, which transferred the management of local officials with national authorization to the Basque Country, unconstitutional. This decision was made in response to an appeal of unconstitutionality filed by the PP and supported by a majority of the magistrates. 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 was also deemed unconstitutional by the court as it still exceeded the scope of a budget law and violated constitutional articles. However, this time, Judge María Luis Balaguer dissented from the majority decision. The court emphasized that while there were some changes in wording, it did not directly impact on economic aspects or remuneration 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, this ruling declares unconstitutional the transfer of management of local officials with national authorization to the Basque Country as stipulated in
