April 10, 2021

The Council of State censures the reduction of controls on European funds but shows its “favorable opinion” to the Royal Decree of the Government


The Council of State has made public its opinion on the Royal Decree that approved the Recovery, Transformation and Resilience Plan, which had provoked a wave of criticism from the opposition parties. PP and Ciudadanos came to accuse the Executive of Pedro Sánchez of hiding the opinion that was made public this Monday. In its letter, the State Council indicates that “the project deserves a favorable opinion as a whole,” although it points as a common denominator “the concern of the State Council regarding the elimination or modulation of control mechanisms in matters as sensitive as contracting. administrative, administrative agreements or subsidies “.

The Government accuses PP and Cs of "invent" a controversy over the report of the Council of State on European funds

The Government accuses PP and Cs of “inventing” a controversy over the report of the Council of State on European funds

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“What does not seem correct is that the simplification of procedures is accompanied, necessarily and in any case, by a significant reduction in the different control mechanisms provided for in the legal system to guarantee a correct allocation of the funds received, in accordance with the law and adjusted to the budgetary framework, it seems to this Council that it is more reasonable that, in general, the reform focuses on a simplification and streamlining of procedural aspects “, the opinion states.

In its opinion, the Council expresses its “concern about the manifest insufficiency of the report submitted” since the file submitted “consists only of the final version of the draft Royal Decree-law submitted for consultation and a brief report of the analysis of abbreviated regulatory impact, the content of which does not offer any relevant information for the purposes of this opinion “.

It is also criticized that “the report submitted suffers from serious deficiencies in its content” in aspects such as that “the examination of the concurrence of a situation of extraordinary and urgent need is done in generic terms, without a specific reference to the different contents of the projected norm “, he adds that” there is no reference to the circumstance that not a few provisions of the future Royal Decree-law are applicable exclusively to the state public sector “and” the requirement of the analysis of the budgetary impact is not complied with. ”

Although the members of the Council of State admit that in the current circumstances of uncertainty “it may be difficult to quantify said budgetary impact,” they also warn that “it is possible to indicate the expected impact of the different budgetary measures contained in the project and prepare a approximate estimate of its repercussion, which is certainly relevant to be able to assess the budgetary impact of the project because, even though the requirements derived from budgetary stability have been made more flexible in the face of the crisis, it is important to preserve rigor in the management of public income and expenditures ” .

It is also called attention since “the reports issued by the Delegated Intervention of the General Intervention of the State Administration in the proposing Ministry and by the Office of Coordination and Regulatory Quality have not been incorporated into the submitted file”, since in the opinion of the speakers “deprives this Council of State of knowing in detail the foundations of the projected regulation and the particular justification of some measures.”

Regarding the fact that it has been formulated as a Royal Decree, the Council of State considers that in the present case there is this “situation of extraordinary and urgent need” to develop legislatively through this instrument, now it clearly points out “that the inconveniences posed by this cannot be ignored. option from the point of view of legal security and normative technique “regarding the introduction in a decree-law of provisions that refer to the regulation contained in regulatory norms.

The Council of State complains that it has had “a few days to examine such an extensive and far-reaching normative project, which makes a detailed study of it very difficult, especially if one takes into account that the file forwarded only contains the definitive version of the project and the brief memory that accompanies it “.


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