Basque Country’s Budget Law Unconstitutional: Court Strikes Down Transfer of National Official Management

The Constitutional Court has declared unconstitutional the provision in the General State Budget Law of 2022 that transferred the management of local officials with national authorization, such as local secretaries and treasurers, to the Basque Country. This decision was made in response to an appeal of unconstitutionality filed by the PP and supported by a majority of the magistrates, with a dissenting vote from Judge María Luis Balaguer.

The revised provision, while similar in wording, was also deemed unconstitutional by the court, as it exceeded the scope of a budget law and violated constitutional articles related to legislative post-statute, approval of budgets, and control of government expenditure. The court emphasized that the provision did not directly impact the remuneration or economic aspects of officials with national authorization in local administration. However, the PP also alleged violations of constitutional rights related to autonomous community rights and state powers transfer, but these issues were not addressed by the court.

In summary, the Constitutional Court’s ruling declared unconstitutional the transfer of management of local officials with national authorization to the Basque Country as stipulated in the General State Budget Law of 2022. The court found that this provision exceeded