The Constitutional Court has ruled that the provision in the General State Budget Law of 2022, which granted the Basque Country powers over the selection, approval of public employment offers, appointment of personnel, assignment of first destinations, and administrative situations for local officials with national authorization, is unconstitutional. This decision was made in response to an appeal of unconstitutionality filed by the PP and supported by a majority of magistrates, with a dissenting vote from Judge María Luis Balaguer.
The revised provision, while similar in wording, was also deemed unconstitutional by the court. The court found that the provision exceeded the scope of a budget law and violated constitutional articles related to legislative post-statute and control over 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.
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 as it deemed the appeal already successful. 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 due to its violation of constitutional articles related to legislative post-statute and control over government expenditure.