Contentious-Administrative Division Fourth Division Community High Court of Justice (TSJCV) Ha completely rejected in the annulment decision Consell decree of November 2017 excluded from concerted action For the provision of social services to commercial companies, as they have just reported from the Valencia high court. The rule goes like this flow, Therefore, they can only access such social work offerings. foundations, associations, voluntary organizations and other private non-profit organizations.
TSJCV a decision of the Court of Justice of the European Union (CJEU) is applied to decide, specifically published by the Fourth Circle on 14 July last year. answer to the question posed It was brought up by the above-mentioned decree of the Valencian High Court.
From the statement of the Luxembourg-based court, Directive 201/24 of the European Parliament and the Council on public procurement, He is not opposed to a national regulation that empowers private not-for-profit organizations to enter into agreements. the principle of transparency in the provision of social services to individuals and the event contributes to the achievement of solidarity goals and budget efficiency.
canceled articles
TSJCV did not accept the wholesale nullity of decree 181/2017, but partially anticipated the appealor against the rule specified by the Association of State Home Care Organizations (ASADE), and annulled one article of the decree and part of the other three articles with the claim that if the concert amount is 750,000 Euros or more, it is against European Union Law. This decision was made on the basis of the same CJEU decision and another decision made later by the institution in response to a similar preliminary decision.
SpecialArticle 15.1 subparagraph a) has been cancelled. as a criterion for the selection and evaluation of organizations participating in the concert call. application at the place where the service will be provided. Likewise, Article 23 does not comply with Community law because The temporary duration of the concerts shall not exceed four years. and possible extensions for a maximum of another ten years, when Directive 201/24 itself limits these contracts to a maximum of three years.
TSJCV also annulled the clause of 22nd article of the contested decree. “inheritance compensation of the asset” guarantee In the opinion of the magistrates, the aforementioned subparagraph is that the service is included in the economic compensation to be received, since it is “incompatible” with the “budget efficiency” requirement imposed by the jurisprudence of the CJEU.
Finally, article 13.2 of the regional decree was canceled as there were calls for concerts equal to or more than 750,000 euros. In accordance with the European directive on public procurement, publication in the Official Journal of the Generalitat Valenciana is not sufficient.
Same resolution for other available resources
The same section of the Disputed-Administrative Division of the Valencia High Court applied the contents of his June 29 sentence to three other sentences, which unraveled the resources of other business associations dedicated to addiction services.
These three sentences partially or fully justify the objections and nullify the Ministry of Equality’s decision of 27 March 2017 and the two articles of the 15 March 2018 decision calling for concerted action agreements. Social services in the care of dependents for the fiscal year 2019-2020 and persons with various functions for 2018.
Four penalties by TSJCV’s Fourth Division They can be appealed on appeal before the Supreme Court.
Source: Informacion
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