This Council once again took a new setback in the years-open dispute with Alicante County Council On the account of the Municipal Cooperation Fund. The Contested-Administrative Chamber of the High Court of Justice of the Commonwealth of Valencia rejected Ximo Puig’s appeal submitted by Generalitat following the order from early last December that suspended the institution’s investment project. . Thus, the provincial institution was freed from the obligation to allocate 13.4 million of this 2023 budget to the fund determined by law. In this sense, TSJ’s new order contains some of the key arguments on which the Provincial Council, headed by Carlos Mazón, has based its opposition to Consell’s investment plan from the very beginning.
Specifically, in this new layout, where it overturns the attractiveness of the room. regional managerIt alleges that “the interests in the dispute are not irrelevant to municipalities, foreigners and the appeal, since none of them interferes with the procedure and there is no data on alleged discrimination or maladministration that is intended to be corrected”. “. The judges, along this line, “are at stake, the legitimate interest of preserving the Provincial Assembly’s autonomy in managing its resources, through an appeal by the organization – the Provincial Assembly”.
However, TSJ is not satisfied with this and makes it clear that what has been done is to support an injunction; generalitat until we get to the heart of the matter – to avoid a situation that could harm the Provincial Assembly if finally agreed upon, in a process the same chamber acknowledges could take years. “In the event that the injunction is not taken and the appeal is positive, the conclusion and suspension of the contract and the consequent obligation of the Provincial Council to contribute to the financing of the fund will force the obligation of the Provincial Assembly to contribute to the financing of the fund. Contributing with substantial resources against its powers and functions, because knowing the rate of resolution of the issues that fall under the Chamber, its decision may take several years and that that the situation can only be alleviated by the adoption of the requested suspension measure, ” the queue says.
On the other hand, as the magistrates have emphasized, the Provincial Council has some functions in which assistance to the municipalities has a dominant role. “We will also emphasize the institutional role of the Provincial Assembly, ‘de lege data’ basic normstands as a step that largely justifies its existence by its role of aid and subsidy to local municipal units”.
With these starting points TSJ “Local autonomy is within the law, and the Provincial Assembly has the constitutionally expressly guaranteed financial autonomy to access or manage its own resources and funding, and to take decisions that allow it to meet its adequacy obligations in its budgets.” .
But against this new car Council You can appeal again.