The PSOE of Madrid appeals to the Constitutional Court the Omnibus Law that Ayuso approved in 2023

The general secretary of the PSOE-M, Juan Lobato, presented this Tuesday his party's appeal to the Constitutional Court against the Law on Measures for the Simplification and Improvement of the Efficiency of Institutions and Organizations of the Community - which modifies 15 regulatory texts - approved by the Madrid Assembly on December 22.

Oliver Thansan
Oliver Thansan
01 April 2024 Monday 16:35
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The PSOE of Madrid appeals to the Constitutional Court the Omnibus Law that Ayuso approved in 2023

The general secretary of the PSOE-M, Juan Lobato, presented this Tuesday his party's appeal to the Constitutional Court against the Law on Measures for the Simplification and Improvement of the Efficiency of Institutions and Organizations of the Community - which modifies 15 regulatory texts - approved by the Madrid Assembly on December 22.

"Modifications that go in the opposite line of what the Constitution proposes, in the line contrary to political pluralism, control and oversight of democratic governments," indicated the socialist, who is one of the 50 senators who sign this appeal. .

This norm was approved in the extraordinary plenary session on December 22 that followed the one that carried out the Regional Budgets for 2024. It introduces changes in the Government and Administration Law, the Chamber of Accounts Law, the Law of the Official Chamber of Commerce, Industry and Services of Madrid, the Law of Suppression of the Advisory Council, the Law of Radio Television Madrid and the Law of Good Governance and Professionalization of the management of health centers and organizations of the Madrid Health Service (Sermas).

Likewise, it modifies the Law of Transparency and Participation, the Law of Urgent Measures for the promotion of economic activity and the modernization of the Administration of the Community, the Law of Cooperatives, the Law of creation of the integrated Civil Protection system and Emergencies, the Land Law, the Consumer Protection Law, the Forestry and Nature Protection Law and the Livestock Routes Law.

Lobato has charged against the "way of legislating" of the regional president, Isabel Díaz Ayuso, who "breaks consensus" and causes the Legislative power to lose part of its capabilities in "absolutely nuclear matters."

"Ayuso understands that what an absolute majority gives her is the right to skip democracy, what it gives her is the right to impose what she wants, what it gives her is the right to accuse whoever we want, in compliance with our duty, to supervise the work he does with all respect and education," continued the PSOE spokesperson in the Vallecas Chamber, who has demanded that "democracy fully function" in the region in the face of Ayuso's "lack of respect" for the legislative architecture. of autonomy.

The appeal is based on the fact that the political rights of parliamentarians are being "limited", that of debate in the regional Chamber. He has defended that these modifications deserved a "calm debate" that has not occurred.

Likewise, he has warned that "at any time" in which they notice that the "proper functioning of democracy" in Madrid is being put in check, they will go to court. "I wish we didn't have to do it, because a democratic government like that of the president of the Community of Madrid should have, would not block and prevent the proper functioning of democracy and the good oversight of her government. But unfortunately that is not the case" , concluded Juan Lobato.

The first of the rules that changes is that of the Government and Administration of the Community, which among its points allows the Governing Council to regulate the status of former presidents in addition to the obligation of the Executive to review its laws periodically to verify that they have "achieved the planned objectives".

In the case of the Livestock Routes Law, changes are made to adapt it after the suppression of the Board of Trustees of the Livestock Routes Network, while in the case of the Land Law, they do the same with the general technical secretariat and in the Chamber of Commerce eliminates term limits for the president.

The Chamber of Accounts presents several modifications in the election of the president and councilors. The latter are expanded from 3 to 7 and the position of vice president is created. The majority also changes to elect the president, which is reduced from 2/3 to 3/5 (81 deputies).

The Advisory Council is also experiencing several changes. Now its functions pass to the Legal Advisory Commission of the Community of Madrid, which will be integrated into the General Attorney's Office of the Community. In addition to the legal members (technicians appointed by the Governing Council) there will also be elective members (people of "recognized prestige" who will be paid to attend the Plenary Sessions).

In the case of Telemadrid there are several changes such as the reduction of the basic Charter from 9 to 8 extendable years or the program contract that now lasts four. The requirement for analytical accounting is eliminated to "guarantee financial transparency" and the Office of Viewer and Radio Listener Participation is to be created voluntarily.

There were two points on which the Assembly's legal services expressed legal "doubts." They were the election of the general director and the Advisory Council. The PP amended its law to include the participation of the Assembly, as the report requested.

In the first case, he will be appointed by the General Meeting of Shareholders of RTVM at the proposal of the Board of Directors and once the Assembly Commission "determines his suitability." In the case of the second, it also has to go through the Regional Chamber.

On the other hand, the Law on Professionalization of Management of Health Centers and Organizations of Sermas states that the managing and territorial directors will no longer be chosen by a "process of equality, merit and capacity" but by the Board of Directors of Sermas. . The term limitation of 5 years is eliminated.

In the case of the Transparency and Participation Law, the Transparency Council becomes attached to the Ministry of the Presidency and adds the protection of personal data to its functions. In the election of its president there was also an amendment from the 'popular' to include that the candidate must previously appear in the Assembly Commission and be endorsed by an absolute majority in the first round or a simple majority in the second.

The 2022 Omnibus seeks to expand the activity of the Health Recruitment Agency in addition to the hiring of non-EU health personnel; while in the Creation of the Integrated Civil Protection and Emergencies System it is stated that the General Counsel of the Community of Madrid will advise, represent and defend the ASEM in court112.