The Catalan Guarantees Council does not endorse the entire budget support law


The Council of Statutory Guarantees (CGE) has not endorsed the entire law of accompaniment of the Budgets of the Generalitat of 2020 to consider unconstitutional the change promoted to legitimize that the Barcelona City Council and the Generalitat can appear as a popular accusation in cases judicial, and also recommends modifying the subsection of an article of the law that regulates the tax on Successions and Donations.

This is reflected in the opinion of the CGE, requested by Cs, days after the body did endorse the entire Budget Law of the Generalitat, which is scheduled to be approved in a telematic plenary session on April 24 — the Parliament He planned to vote on them in early March, but was postponed due to the coronavirus crisis, and then Cs brought them to the CGE.

The opinion — which does endorse the rest of the articles — indicates that the change to legitimize the Barcelona City Council and the Generalitat as a popular accusation “does not meet the requirements required to enable the Generalitat to be the holder for the exercise of the action popular in criminal proceedings “as established by the accompanying law, which states that it can exercise it in all matters over which it has jurisdiction.

Specifically, the law states that the Generalitat can act as a popular accusation in areas such as the environment; plant and animal health; public health; the planning of the territory; the landscape and urban planning; the protection of historical heritage, and security and public order.

According to the Council of Guarantees, this is an attempt to legitimize “in a general and all-encompassing way” the administration of the Generalitat.

The Govern and the commons had agreed to include this legislative amendment in the accompanying law to legitimize the Generalitat and the City Council to appear in court cases as a popular accusation, after both administrations were expelled from two processes by the police action of 1- OR.

The CGE points out that its conclusion does not exclude that both the Generalitat and the Catalan local authorities — as well as any person affected by the crime — can access “a criminal process through the private prosecution”, apart from this accusation popular, which concludes that it does not meet the requirements according to constitutional doctrine.

SUCCESSIONS AND DONATIONS

Regarding the reduction in the tax base of the inheritance and donations tax, and other lucrative transfers made by non-profit entities, it recommends limiting the matter and excluding from its scope of application the associations of private interest, taking into account that the The bill is in a parliamentary process that admits amending it.

The opinion of the CGE does validate creating a surcharge on the rates of the tax on tourist stays in the city of Barcelona – something that Cs had asked to study – as well as the modification of the organization of the legal services of the Generalitat.

The text does see constitutional the articles of the draft law on fiscal, financial, administrative and public sector measures as well as the creation of the tax on facilities that affect the environment, and also the new wording of the draft organization law of the legal services of the administration of the Generalitat.

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