Then the 12 autonomies in which the Popular Party governs –including the Canary Islandswhere he is part of the Executive chaired by Fernando Clavijoof the Canarian Coalition -, in addition to the governments of Ceuta and MelillaThey demanded the convening of a Conference of Presidents.
After five months without this being addressed, they presented a “administrative complaint”as established by law. And after three more months of silence of Moncloa, 11 of these autonomous governments presented their appeal before the Contentious-Administrative Chamber of the High Court.
SO, It was July 24th and, although on the 30th the Community of Madrid received confirmation of admission to treatment, it was with the arrival of September that the others were confirmed.
No news from Moncloa
For now, according to the CCAA consulted by EL ESPAÑOL, the government of the nation has not contacted any of them to begin preparing for the meeting. All this despite the fact that Pedro SanchezBefore leaving on vacation and at the very moment when the PP’s LACC was legally complaining before the Supreme Court, announced that “in September” he would launch the appeal.
According to the resources to which this newspaper has had access, the President of the Government would be guilty of what is called “inactivity” in a “regulated act” to which he would be bound by the rules of the Conference of Presidents, prepared by his own government in March 2022. Concretely, in the Ministerial Order TER/257/2022, dated March 29from the Department of Territorial Policy.
Then the incumbent minister was Isabelle Rodriguez. Today is Angel Victor Torresformer president of the Canary Islands, responsible for relations with the autonomies and local entities and the sole interlocutor appointed by Sánchez, for example, for the migration crisis. And this is one of the issues – in any case the most urgent – that the PP regions want to put on the agenda of this appeal.
In addition, the popular regions want to take advantage of this meeting to undermine the government’s agreement with the CER to grant Catalonia a “single financing” This would remove it from the common system.
On the one hand, because “the state model enshrined in the Constitution would be broken.” And on the other hand, because this region, which represents the 20% of Spanish GDPis one of only three that are currently net contributors to the system.
The truth is that when the 14 autonomies (Andalusia, Aragon, Cantabria, Castile and Leon, Community of Madrid, Valencian Community, Extremadura, Galicia, Balearic Islands, La Rioja, Murciain addition to Ceuta And Melilla) convened the Conference of Presidents last November, Sánchez was already obliged to have convened it.
What the standard says
According to the Article 4.2 of the aforementioned Regulation, “the Conference will be convened by the President of the Government, on his own initiative or at the request of the Preparatory Committee or ten presidents of autonomous communities and cities with autonomous status.”
Thus, according to one of the sources in possession of this newspaper, after seven days, Moncloa “responded by letter dated December 1, 2023” if so, “accept the request.” But we never knew that again.
It is for this reason that on April 24 of this year, five months later, the LACC presented the “administrative claim, before legal proceedings“.
This is stipulated in Article 29 of the Law 29/1998 of July 13 regulating the contentious-administrative jurisdiction (LJCA). In this rule, it is explained that “if within three months from the date of the complaint, the Administration had not granted the request […] Interested parties may deduce the contentious-administrative appeal against the inactivity of the Administration”.
And that’s what he did, the first, the Community of Madridthis July 24. And then, the others, up to 11 of the 14 popular autonomies, before the beginning of August.
Three other violations
It is precisely on these dates that the President of the Government announced the start of work for September to bring together regional presidents in Cantabria to discuss housing policies.
But the writings already studied by the Third Chamber of the Supreme Court also recall that this is not the only “breach of obligations” of the president for not having convened the Conference. According to the sources, he had already violated the rules on three occasions: one in 2022 and two more in 2023.
The last call was from March 13, 2022, on the island of La Palma. It was in this edition that Sánchez presented the new Regulation of the “highest political body of cooperation between the State and the autonomous communities”, as established in its Article 1. And this, according to the Executive itself, “occupies the summit of all multilateral cooperation organizations”.
Since then, and after being published in the BOE on April 2 of the same year, it has been established that “the Conference of Presidents will meet at least twice a year“as he says Article 4.1 of the standard, prepared by the Sánchez government.
However, this 2022 has not been recalled on the organ, and none of the double what should have been done in 2023.
According to the resources of these autonomies, “the Contentious-Administrative Chamber of the Supreme Court is competent” to judge “the contested inactivity”. [que] East attributable to the President of the Spanish Government“.
And this is because it is a “regulated act” of the head of the Executive, as has already been explained above, and because The LJCA empowers this chamber of the High Court know “the acts and provisions of the Council of Ministers and the Delegated Commissions of the Government”.
