Judgment of the Constitutional Court on Law 40/2015 –

The Official State Gazette at present printed the Judgment 132/2018, of December 13, 2018, which resolves the unconstitutionality enchantment filed by the Authorities of the Generalitat of Catalonia in relation to numerous precepts of Legislation 40/2015, of October 1, on the authorized regime of the general public sector. Decide Antonio Narváez Rodríguez has been the rapporteur for the sentence.

The enchantment is predicated, for essentially the most half, on violations of the constitutional regime of powers between the State and the Autonomous Communities. Of the contested precepts (articles 39; 49 h), second paragraph, in reference to the eighth further provision, paragraph 1; 52.2, from “bearing in mind” to the top; 81.3; 83.2, letter c), in reference to the eighth further provision, paragraph 2; 120.2; 121; 122; 126; 129.2; 157.3, final paragraph, and, by connection, the fourteenth remaining provision of Legislation 40/2015, of October 1, on the authorized regime of the general public sector) solely one among them has been unconstitutional, referring to the utmost length of administrative agreements .

In impact, the ruling declares that “the next paragraphs of article 52.2 of Legislation 40/2015, of October 1, on the authorized regime are opposite to the constitutional order of competences, within the phrases of authorized foundation eight b) of this Judgment. of the general public sector: “inside a most interval of 1 month from the approval of the liquidation”, “After the utmost interval of 1 month, talked about within the earlier paragraph,” and “additionally inside a interval of 1 month from that second, “, in letter a) and” inside one month from the approval of the liquidation, “in letter b)”.

All of the sections associated to the deadlines that may power a rereading of article 52 that stay with this wording are (in daring the sections declared unconstitutional):

1. Compliance and determination of the agreements will result in their liquidation so as to decide the obligations and commitments of every of the events.

2. Within the case of agreements from which monetary commitments derive, they shall be deemed fulfilled when their objective has been carried out underneath the phrases and to the satisfaction of each events, in accordance with their respective competencies, bearing in mind the next guidelines:

a) If, from the liquidation, it seems that the quantity of the actions carried out by any of the events is lower than the funds that the identical would have obtained from the remainder of the events to the settlement to finance mentioned execution, the latter should reimburse them the surplus corresponding to every, inside a most interval of 1 month from the approval of the settlement.

After the utmost interval of 1 month, talked about within the earlier paragraph, with out the reimbursement having taken place, it should be paid to mentioned events, additionally inside a month counting from that second, the default curiosity relevant to the aforementioned reimbursement, which is able to in any case be that ensuing from the final provisions regulating public spending and the economic-financial exercise of the general public sector.

b) If larger, the remainder of the components of the settlement, inside one month of approval of the settlement, should pay to the celebration in query the distinction that corresponds to every of them, with the utmost restrict of the quantities that every of them would have agreed to contribute by advantage of the settlement. In no case will the events to the settlement have the fitting to demand from the remainder any quantity that exceeds the aforementioned most limits.

3. However the foregoing, if when any of the causes of decision of the settlement concur there are actions in course of execution, the events, on the proposal of the monitoring, surveillance and management fee of the settlement or, failing that, the individual chargeable for the mechanism referred to in letter f) of article 49, could conform to the continuation and termination of the actions in progress that they deem applicable, establishing a non-extendable interval for his or her completion, after which the liquidation of the identical within the established phrases should be carried out. within the earlier part.

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