The Constitutional studies whether the transfer of the IMV to the Basque Country and Navarra breaks the 'single box' of Social Security

The Constitutional studies whether the transfer of the IMV to the Basque Country and Navarra breaks the 'single box' of Social Security

Gonzalo D. VelardeFOLLOW, CONTINUEMadrid Updated:09/04/2022 00:46h

The minimum vital income, the last Social Security assistance benefit created by the outbreak of the pandemic and which has barely two years of life, is being a source of controversy both due to its approval and due to the slowness and obstacles that the implementation has encountered. Administration for its concession. Now, the Government faces a crucial process before the Justice that could knock down a fundamental aspect of the aid: the possibility of its management being transferred to the autonomous communities.

The prerogative is not minor. The Ministry of Inclusion, Social Security and Migration designed the measure with this possibility of transferring in an act in favor of the coordination and better functioning of the aid, speeding up its concessions.

Well, it is precisely the regional and even local administrations that have the most direct resources to know the social reality of each region or municipality. And, furthermore, they already have a mapping of the situation offered by social services, and which has made it possible to extend the minimum income model to all the autonomous communities, which already had this type of benefit.

Judicial Stations of the Cross

At the end of last March, the PP presented in the Constitutional Court an appeal of unconstitutionality to the thirtieth final provision of the PGE law for 2022 that modified that fifth additional provision and that opened the door for this aid coined from the Executive ends up being the responsibility of the different autonomies. And finally, the Constitutional Court has decided to study the case and will issue a binding ruling on the appeal.

This provision stated that "because of the specific nature of the existence of leasehold estates, in relation to this provision, the autonomous communities of the leasehold regime will assume, with reference to their territorial scope, the corresponding functions and services attributed in this Law. to the National Institute of Social Security as well as, in response to the financing system of said regional estates, the payment, in relation to the non-contributory economic benefit of the Social Security of the minimum vital income, in the terms agreed upon«.

A few days earlier, since the formation of Santiago Abascal, he presented his own, focusing on a section of the law that attributed powers to these two communities in the matter, Social Security matters, considering that it represents a "frontal violation of the fund only". This fifth additional provision regulates the application of the law in the foral territories, in attention to the specificity of the Foral Treasury. Thus, it is contemplated that these territories assume the functions and services that the Law attributes to the National Institute of Social Security and it is foreseen that, until these functions are assumed, a management assignment will be signed.

Precisely, the President of the Government, Pedro Sánchez, announced that he will increase the IMV by 15% over the next three months within the framework of the plan to respond to the impact of the war in Ukraine. He advanced it in the 'Generation of Opportunities' meeting and pointed out that this plan will be endowed with 16,000 million euros, including 6,000 million in direct aid and tax rebates and another 10,000 million in ICO credits to cushion the impact of the crisis.

Now, the magistrates of the Constitutional Court Cándido Conde-Pumpido and Antonio Narváez will be responsible for preparing as rapporteurs a response in the form of a sentence that must later be taken to the plenary session for deliberation and voting.

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