The part of the agreement between PSOE and PNV – for the appointment of Pedro Sánchez and the next legislature – which includes the commitment to transfer the Social Security economic regime to Euskadi within a maximum of two years, although not explicitly stated, can be extended to 9 other communities whose autonomy status includes the same authority; among them, Catalonia. It is generally understood that the following issues are included in the management of the economic regime: collection of social contributions or pension payment It is regulated by the State without violating the principle of the Single Social Security Fund.
Moreover Gernika CharterCharter Catalonia, Galicia, Aragon, Valencia, Balearic Islands, Canary Islands, Andalusia, Extremadura, NavarraIt also includes, as a territorial authority, the management of the Social Security economic regime pending delegation.
Euskadi, Catalonia, Galicia, Aragon, Valencia, Balearic Islands, Canary Islands, Andalusia, Extremadura, Navarra awaiting the transfer of economic management of Social Security
However, this does not apply to soils. Madrid, Castilla y León, Castilla-La Mancha, La Rioja, Asturias, Cantabria and Murcia.
After the agreement between PSOE and PNV was signed by Pedro Sánchez and Andoni Ortuzar, Acting Minister of Finance María Jesús Montero declared that “nothing regarding Social Security is mentioned” in the text of the agreement, adding: In no case will the “single box” be broken reminded the statute and 9 other autonomies They contain the same authority over the economic regime that Euskadi claims.
Proofreads followed
“In matters of Social Security, the Generalitat shall be responsible for: a) the legal development and implementation of the basic legislation of the State, other than the rules constituting its economic regime, and b) the administration of the economic regime of Social Security”. This is stated in Article 54 of the Statute of Autonomy. Valencian Community, in a word followed to the letter Article 18 and Article 54 of the Gernika Charter Navarre.
And practically the same, apparent expressions seven other laws those who accumulate autonomous authority over the management of the economic regime for their territory.
According to popular expression, the statutes of some communities add labels to clarify the necessity of such transfer. Doesn’t mean breaking one box The Social Security Law, which guarantees that the contributions paid to all workers in the country are fed from a common fund that will cover the contributions of all State retirees, wherever they live.
Thus the Statute Catalonia, Article 165 states: “Social Security issues are the responsibility of the General Staff. principles of economic-patrimonial unity and financial solidarity The common competence of Social Security includes: a) The development and implementation of state legislation, other than the rules constituting the economic regime. b) Management of the economic regime of Social Security”.
An expression almost identical to the one in Catalan is also seen in its statute. Balearic Islands, Canary Islands and Extremadura.
single box problem
To prevent reluctance, some laws include the phrase ‘one box’.
Article 63.3 of the Statute states that “In matters of Social Security, the executive powers determined by the application of state legislation correspond to the Autonomous Community, including the management of its economic regime, with full respect for the principle of monetary union.” Andalusia. While referring to the autonomous power of the administration of the economic regime of Social Security, Galicia And Aragon.
The Basque Government understands the administration of the Social Security economic regime “within the framework of its unitary character and respect for the principle of solidarity”, an expression that points to the validity of the single fund.
Basque circle
“Of course, managing funds, even within the distribution of authority where the state has a single fund, always requires: advantages to management owner“, emphasized the honorary president of the Spanish Health and Social Security Association, Antonio Ojeda AvilesIn an article published in April 2020, shortly after the Government of Pedro Sánchez agreed on a timetable with the Basque Government Transfer of 32 pending powersIt restarts the investment agreement between PSOE and PNV. “To control and claim contributions and, above all, to channel the benefits, image of an intermediary that allows defending, resolving, accelerating “And to some extent we are conditioning the treasury universe,” added the expert in International and European Business Law, professor emeritus at the International University of Andalusia (UNIA).
In the Basque regulatory portal ‘legegunea’, supported by the Basque Government, it is explained that “the economic administration of Social Security will include functions” as an example.business registration and sanction power”; also “Membership, registration and cancellation of employees and enforcement authority” as well as “management and control of the contribution and re-caudation Contributions and other financing sources of the Social Security System”.
“HE postponement or fragmentation “Ownership, management and administration of Social Security contributions”, Assets and rights in the Basque Country “the existence of Social Security” or “the organization of the media and the design and management of the media” Required procedures for entering fees and other financial resources of the Social Security System” also fall within the framework, which would imply, on the part of the Basque Government, the autonomous competence of the management of the economic regime, as well as “order of payment “The fulfillment of Social Security obligations and the distribution of monetary availability for the prompt satisfaction of such obligations”.
It remains to be seen whether in the next negotiation the central government will share the same scope of functions that can be delegated to the autonomous communities.