HE Supreme Court In two decisions published on December 20, it is stated that the embargoes that governments should impose on citizens affected by ERTE during the Covid epidemic should be limited to the amount exceeding the interprofessional minimum wage. The decisions include the rejection of objections submitted by both the Cantabrian Government and the General Security Treasury against this limit determined by the High Court of Justice of the above-mentioned autonomous community.
In its decisions, available to El Periódico de España of the Prensa Ibérica group, the Supreme Court ruled that such compensation They do not have the “full protective privilege of not having seizures”Although the limit determined in Article 607 of the Code of Civil Procedure is “Economic minimum needs to be maintained It is a vital safeguard that guarantees the worker sufficient funds to meet the needs of himself and his family.”
The two cases already decided by the Supreme Court and heard on 5 and 12 December concern two workers who owe 1,682.65 euros and 21,587.63 euros respectively to the regional treasury.
Both cases were brought by the Government of Cantabria against separate forfeiture proceedings brought by the Social Security Treasury. When the matter reached the Supreme Court, the high court found that the issue of determining whether subsidies were inherently non-seizable privileged was of appeal. If not, I shouldComment on the limit of the interprofessional minimum wage In the case of assistance for natural or legal persons affected by temporary employment regulation files approved within the framework of the Covid-19 epidemic.
Aid or economic return?
It therefore remains to be seen whether the aid granted to self-employed workers by reason of being exclusively affected by an ERTE enjoys the special protection provided by Article 607 of the LEC, i.e. whether the aid in question personal assistance or self-employed worker’s assets or vice versa part of the economic benefit or the performance of autonomous professional or commercial activity.
The Disputed Administrative Chamber of the Supreme Court of Appeals ruled that the public benefits provided for in Cantabrian law for workers affected by the crisis caused by the Covid-19 pandemic are “subject to confiscation” due to their nature, nature and purpose. and therefore you do not enjoy the privilege of complete or absolute protection against expropriation”:
This responds to the fact that the opposite, that is, to give full protection to aid, “would amount to distorting the scope and meaning of the corresponding privilege of non-appropriation of public property and property rights.” Extending the scope of application too much to all public subsidies”.
At this point, the Supreme Court “exaggerated and contradictory” With the object and purpose of the subsidies granted by the Government of Cantabria – to alleviate the economic consequences for workers included in temporary employment regulation files and self-employed workers affected by the declaration of the state of alarm – “these natural persons were not provided with access to the subsidy minimum economic threshold to try to get out of this socio-economic emergency with dignity.
For all this”Social Security General Treasury disabled To carry out foreclosure procedures regarding the debts obtained from public aid granted by a Public Administration and the debts subject to a contract with the Social Security Institution.without respecting borders“A regulation has been made in the law regarding minimum wage.