スペインの国務院は、財政赤字削減目標を実現出来なかったからと言って、市長などを辞任させる事は出来ないと政府に警告
El Consejo de Estado advierte de que Montoro no puede destituir a electos
El órgano consultivo cuestiona las sanciones por incumplir la ley de Estabilidad
La norma permite en teoría que los ministros destituyan a su presidente
Miguel González Madrid 12 AGO 2012 - 19:45 CET
The State Council warns that Montoro can not dismiss elected
The advisory body questions the penalties for breaking the law Stability
The standard allows in theory that ministers Impeach the President
Miguel Gonzalez Madrid 12 AGO 2012 - 19:45 CET
The State Council has warned the Government that it can remove elected officials for violating the rules of budgetary adjustment as claimed by the bill Transparency, Access to Information and Good Government submitted to Parliament.
Article 27 of the Bill includes "the removal from public office holding" between the penalties for violations of its disciplinary code. And Article 28 of the same attributes to the Minister of Finance and Public Administration, Cristobal Montoro, the imposition of the penalty to the senior officials of the Central Administration, under secretary of state, and the regional and local level when the offense consists violating the Law on Budgetary Stability and Financial Sustainability. The text details to 11 violations of the latter law, ranging from failure to submit the budget rebalancing plan to willful action to correct the deficit.
The Council underlines that this sanction, which affects the free senior appointment, as directors or general managers can not apply to elected office. And specifically the case of mayors, that "without doubt, are included in the scope of these rules, as their removal may not result in any of the provisions of an administrative rule, even though it is a law ".
The dismissal of a mayor, reminded the Council of State, "can only be agreed through a motion of censure is rejected or when a motion of confidence he raised [as required by the electoral law] or in cases of dissolution of the council or the own local authority. " The Council does not mention the regional presidents, but clearly have at least the same safeguards that the mayors in the case of defaulted fiscal adjustment measures.
The Government has led to such an extent their efforts to pressure the government responsible for not deviating from the objectives of deficit incurred in absurd situations, as is stated the State Council. For example, the Transparency Bill in theory allows the ministers to dismiss the Prime Minister, which is unthinkable in the Spanish political system.
Montoro, during the press conference of the Council of Ministers on 20 July. / CLAUDIO ALVAREZ
Indeed, Article 28 of the draft says that "the power to impose sanctions up to the Council of Ministers when the senior member has the status of the Secretary of State or Government." To which replicates the report of the State Council: "There can be attributed to the Cabinet the power to impose the said punishment of any member of the Government, given that the president, that is not expressly excluded from the scope of application defined in the article, may cease only in the cases assessed in accordance with constitutional procedures expressly provided. In the case of ministers, "he adds," it is clear that only can be removed from office by the King at the proposal of the Prime Minister ".
To reinforce the coercive arsenal of the project, the Government has accompanied a partial reform of the Penal Code and the General Elections Act punishable by up to four years imprisonment to bad managers and denied the right to stand for election (sanction ineligibility) to senior offenders sanctioned by Montoro as a very serious offense, which is of dubious constitutionality.
This is not the only aspect of the project that questions the Council of State. He also complains that includes the precept that the senior "does not accept gifts for exceeding the usual practice, social or courtesy, or favors or services on favorable terms that may influence the development of their duties." Not that the Council does not agree with this commandment, which recalls the scandal for the costumes of former Valencia Francisco Camps, just remember that this conduct is already criminalized in the Penal Code and "do not understand is correct Utility included in overlapping terms and with no evidence of no consequence to the same penalties. "
In an unusually critical tone, the State Council draws attention to the "poor writing, punctuation and syntax" of the project and warns that "deserves a quiet reflection set so as to reach a satisfactory level of technical rigor." Obviously, the Government has not ignored. The State Council's report is signed on July 19 and the Council of Ministers approved the bill without incorporating most of the suggestions, on 27 July.
The government does not respond quickly to the desire to accelerate the right of citizens to access information held by government for Spain is no longer an exception among democratic countries. This part of the Transparency Law, which gives it its name, does not take effect until one year after the publication in the Official Gazette, no 2014. Which is immediately applied giving Montoro instruments to penalize any deviation from the policy of budgetary austerity.
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