Basque Country’s Budget Law Ruled Unconstitutional: What it Means for Officials with National Authorization

The Constitutional Court has ruled that the transfer of management of local officials with national authorization to the Basque Country, as stipulated in the General State Budget Law of 2022, is unconstitutional. This decision was made following an appeal of unconstitutionality filed by the PP and supported by a majority of the magistrates, with a dissenting vote from Judge María Luis Balaguer.

The court found that the provision granted too much power to the Basque Country over selection, approval of public employment offers, appointment of personnel, assignment of first destinations, and administrative situations for these officials. The revised provision was also deemed unconstitutional as it exceeded the scope of a budget law and violated constitutional articles related to legislative post-statute and control over government expenditure.

However, it is worth noting that this decision does not directly impact the remuneration or economic aspects of officials with national authorization in local administration. The PP also alleged violations of constitutional rights related to autonomous community rights and state powers transfer, but these issues were not addressed by the court as they were already covered in its ruling.

In summary, while this decision may have implications for local administrations in Spain’s Basque Country, it is important to note that it does not affect the remuneration or economic aspects of officials with national authorization in local administration.