The Catalan government has begun on Monday the procedures to challenge before the Constitutional Court the new regulation of international adoption approved by the central government because it considers that "it invades the competences and the legislative framework of the Government". The text was approved by the Council of Ministers on March 22 and as noted by the Minister of Labor, Social Affairs and Families, Chakir el Homrani, "does not include the bilateral agreement established in 2016 between Catalonia and the State on adoptions."
The conseller added that the new regulation of international adoption "invades competences in relation to the decision on the start, closure and suspension of the processing of adoptions in a specific country, in the decision of the number of files that are sent to the countries of origin and the accreditation of the organisms for the international adoption ". He also explained that these are competencies that were respected thanks to an agreement in a bilateral commission, while in the new regulation -which will enter into force in July- "the capacity of the Generalitat in adoptions is limited", which represents the 28 % of adoptions in the State in 2018.
Homrani hpointed out that the new text centralizes decisions in the State, which will accredit the entities: "What it does is complicate life to citizens who want to adopt, because it can be given that they adopt in a reference entity that is not involved in the Catalan fabric "and can not make a close accompaniment, when it is already a complex process. These are competences that have been practiced in Catalonia for 20 years and that appear in the Estatut. "We are very surprised that the current State Government, the PSOE Government, do what the PP Government did not do," he lamented.
"If Catalonia were a State, we would be in ninth place around adoptions around the world," he said, and stressed that the Catalan Institute for Sheltering and Adoption (ICAA) has shown over the years that it is a good instrument, and this new regulation may mean a step back from the Statute. From the technical point of view, does not address the challenges of adoption today, such as "the knowledge of the origins", has observed the Minister on this international field, which gave 83 adoptions in Catalonia last year .
In Catalonia, it does not speed up
The director of the ICAA, Agnès Rusiñol, regretted that "it invades competences in three fundamental aspects": the State will be in charge of the beginning and closing of the process with specific countries -the Generalitat could make agreements with countries-, it will regulate the flow by deciding the dossiers that entities are sent and accredited, so in Catalonia there will be only the management. "There are very different situations depending on the autonomous community, we understand that there are others that this centralization can help expedite, not the case of Catalonia," where he said that they will have to see how it develops, but initially believe that help to.
There are currently between 500 and 600 in Catalonia -between families that have recently started and others that are about to complete the process-, and although they believe that in principle they will not stop, the way they will be transported will change and they can slow down. The proximity with entities is compromised. "We lose proximity" when accrediting entities that do not have headquarters in Catalonia, adding more complexity. Rusiñol has reported that this regulation, approved on March 22 and published in the BOE on April 4, has three months to go into effect, so they are waiting to see if the Constitutional decides to suspend it after studying the appeal.