The Government obliges the Autonomous Community to create an external complaints channel to evade the appeal to the Constitutional Court
The Government obliges the Autonomous Community to create an external complaints channel to evade the appeal to the Constitutional Court
The Government of Spain obliges the Autonomous Community to establish a channel of complaints that guarantees the maintenance of the functions performed by the Anti-Corruption Office, to avoid a possible appeal of unconstitutionality against the Law of creation of the registry of transparency and control of the heritage and the activities of public officials of Balears, approved in 2024 and that suppressed this body.
Therefore, and in order to avoid such an appeal before the Constitutional Court, the Autonomous Community must establish an external control that allows “the protection of people who report on normative violations and the fight against corruption”, according to the agreement reached by both administrations within the Bilateral Cooperation Commission, where they try to resolve the conflicts of competence.
This body has also resolved the modification of several paragraphs of three other regional legislative provisions on the content of which the Spanish Government found signs of possible unconstitutionality. These are the Act on urgent measures in the field of housing; the Decree regulating certain aspects of urgent and emerging health activity in the Balearic Islands; and the Decree-Law on urgent measures of administrative simplification and rationalization of the public administrations of the Balearic Islands. In all these regulations, aspects of their content that could exceed the competences of the Balearic Government have been detected, so we have proceeded to indicate their modification.
The government delegate in the Balearic Islands, Alfonso Rodríguez Badal, has pointed out that the Executive has stated on several occasions that it “is radically against” measures such as the closure of the Anti-Corruption Office, which it has denounced as “an example of lack of transparency and attack on democratic values”. Rodríguez Badal has clarified that “the fact that the State Attorney does not find signs of unconstitutionality does not mean that the Government shares and supports decisions of regional competence, such as the suppression of the Anti-Corruption Office or the urban amnesty, with which it does not agree at all”.