The Constitutional Court rejects Podemos’ appeal and ratifies the Andalusian decree regulating VTCs and their competition with taxis

The Plenary Assembly of the Constitutional Court unanimously rejected the appeal of unconstitutionality presented by more than 50 deputies belonging to the Confederal Parliamentary Group of Unidas Podemos and En Comú Podem-Galicia en Común, the Republican Parliamentary Group, the Euskal Herria Bildu Parliamentary Group, the Plural Parliamentary Group and the Mixed Group of the Congress of Deputies, against the decree of the Junta de Andalucía that regulates the service of transport vehicles with drivers (VTC) approved on September 27. With this rule, the government of Juanma Moreno, which modifies Law 2/2003 of May 12 on urban and metropolitan transport in Andalusia, has committed itself not to authorize new VTC licenses until the ratio of one of these services for 30 is reached. Taxis.

The Junta de Andalucía issued this decree-law after the central government left its regulation in the hands of the autonomous communities, eliminating the urban VTC service as of October 1. Andalusian regulations are based on the principle that citizens benefit from the best service, allowing, on the one hand, that VTCs continue to operate, but with requirements so as not to harm taxis, and that this public service of general interest is also strengthened and ensured.

The appeal of Unidas Podemos accused the norm of non-compliance with the budget allowing emergency legislative power (art. 86.1 CE and 110 of the Statute of Autonomy of Andalusia), the violation of local autonomy (art. 137, 140 and 141 CE), of the powers of the State ex art. 149.1.18a and 21a CE, and the principle of equality (art. 14 CE), as reported by the TC in a press release.

The decree-law modifies Law 2/2003, of May 12, on urban and metropolitan transport in Andalusia, to comply with Royal Decree-Law 13/2018 of September 28 which modifies Law 16/1987 of July 30 on the regulation of land transport, relating to the rental of vehicles with driver, establishing a homogeneous regulatory framework for authorizations for the rental of tourist vehicles with driver in Andalusia (VTC).