Portal de Alhama de Murcia
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The PP government within the framework of "reform" has decided to take the FEMP has submitted a document to amend the Basic Law on Local Government which affects 14 of its articles on the grounds of the need to bring this law to the recently approved Law on Budgetary Stability.
Before I comment on the content of the reform proposal is worth remembering that since the whole Spanish municipalism and especially since IU has been long demanding the reform of the Basic Law of 1985 for local government to consider the same in some aspects was outdated and needed to seriously address the new legislation taking into account the new reality of municipal management experience gained in these more than 35 years and the need to comply with the principle of sufficiency local financial.
The Government justifies the modification of 14 articles of the Basic Law on local government on the need to adapt the text to the new law on budgetary stability.
Such justification can not be described only as false and deceitful for the following reasons:
1 °: - The municipalities have enacted, long, compliance can not approve a balanced budget in any budget deficit and forcing them should be the same at the end of next year to approve the budget with the sufficient surplus to cover the deficit.
Therefore was neither urgent nor a modification was necessary to ensure legal principle in the local case existed for a long time.
The municipalities have large and serious economic problems but they do not have resulted from the absence of a law that established budgetary controls but is derived from historical failure of local funding and the current economic crisis in a brutal fall of the income.
2 °. - The contribution of the municipalities to the deficit of all public administrations in our country is completely irrelevant, so do not include such radical measures as envisaged to address a nonexistent problem or minor.
3 °. - The proposed reform is more like a revenge antimunicipalista a proposal that seeks to address a problem, seek a solution to the problems of citizens.
The proposal to amend part of the provision of the basic law on local government, specifically 14 items that affect the following areas:
- Delimitation of powers of municipalities
- Management of municipal powers by the provincial
- The region
- Agreements and consortia.
- Skills and spending capacity of municipalities.
The planned reform under the guise of bringing the Basic Law of the Local Government Act, budgetary stability it does is attack the constitutional principles of local autonomy and sufficiency.
Reform is used to give a twist to the Spanish municipalism limiting their policy and management capacity, limiting the constitutional content of the principle of local autonomy and eliminating the constitutional definition of the municipalities as part of the state.
Ultimately establishes a hierarchy between administrations in no case is recognized in the Constitution and breaking with the definition of the territorial structure of the state.
Thus moving in the opposite direction to what have traditionally been the UI claims: more autonomy, competence and financial clarity.
In our view this project violates the provisions of Art 142 of the Spanish Constitution and if approved should be politically and legally challenging its constitutionality.
Second, the bill makes a radical change made on reducing the municipal competence framework in a way unfortunate and reserving to municipalities virtually skills relating to the maintenance of the city.
In this regard it is noted that disappears any express reference to the responsibility for education and health that are contained in the current text, are eliminated on women's equality, environmental protection and housing among others.
It also eliminates the second transitory provision of the current Law on Local Rules of the clause containing a residual competence has allowed municipalities have been able to make policies in areas other than the strictly defined.
It incorporates the principle of competition administration but not after an analysis of who and how it should be exercised by simply eliminating the possibility for municipalities to expand their scope of action in matters of interest to citizens.
Forget the great experience of local management in many areas such as employment, housing, equal opportunities, health prevention, child education etc., And consciously obvious that today exist stable management structures whose only alternative under the Act is its disappearance and prohibiting the use of other powers other than those outlined by law.
Also, under the excuse of budgetary stability control, the State reserves unprecedented powers of intervention that seek to control spending by the political, managerial and political agenda of local councils.
So instead of moving on the line to build stronger councils with more powers and greater management capacity is going in the opposite direction, trying to keep politics out of citizens and local authorities in making political hostages of other government and opening the door, even more, if anything, partisan patronage and arbitrary treatment.
Do not make any mention of the funding needed to meet the challenges municipal and only mentions the obligation to fulfill the law of budgetary stability above all, is not mentioned even once citizens and their rights and does not address the local financial failure.
On the contrary the transitional provisions in the bill establishing the obligation to assess the cost of municipal services by establishing three options for municipalities if they are deficient: either closed or privatized or are involved.
Management philosophy of high PP into law.
From the Municipal Group of IU-Green, with special concern analyze this bill, we believe that the same overrides the principle of local autonomy laid down in Art 142 of the Constitution that would, in the event that the same is approved, bring the corresponding constitutional challenge.
Also disagree profoundly the expected competence framework and we vehemently oppose the PP model to regulate politically controlled councils, without management.
But mostly we oppose this bill because it is bad for the interests of the citizens of our country who daily use by thousands of municipal educational, health, employment, housing, sports, cultural, in terms of equality, promotion of childhood or youth, social, care for dependents, etc..
services with this bill are doomed to disappear, thus disappearing its delivery to citizens.
This counter is another step in the goal of PP to weaken the state, to reduce the public space.
In this time of crisis caused by others who have not been the Spanish councils the proposed reform will lead to more poverty, more inequality and less social cohesion, change, yes, a sacred budgetary stability by the way the council have always complied ' because legally they have always been required.
Therefore we present to the plenary for discussion and approval as appropriate the following
MOTION
The full City Council of Alhama de Murcia, requires the removal of Reform Project of the Basic Law, a draft has been delivered to the FEMP.
We urge the Government to negotiate with local councils, political parties, social partners and neighborhood associations, a reform of the Act, designed to apply Article 142 of the Constitution, guaranteeing the financing of municipalities, such as administration closer to citizens, which should be a key element in overcoming the economic crisis.
Considered the municipalities as key institutions of social cohesion, providing expertise and resources to develop and manage areas of social welfare or employment policies and economic development in municipalities.
Source: Grupo Municipal IU-Verdes
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