Basque Country’s Autonomy Challenged in Budget Law Dispute: Constitutional Court Strikes Down Provision

The Constitutional Court has struck down a provision in the General State Budget Law of 2022 that granted the Basque Country control over local officials with national authorization. This decision was made in response to an appeal brought forward by the PP, with the exception of Judge María Luis Balaguer who has not yet revealed their dissenting vote.

The provision in question allowed the Basque Country to select, approve, appoint, and assign administrative duties for officials of the Local administration with national authorization. Despite changes in wording, the Court of Guarantees found it unconstitutional as it went beyond the scope of a budget law and violated constitutional articles related to the legislative powers of the Cortes Generales and government expense controls.

The ruling emphasized that this provision did not have any direct impact on economic matters but focused more on public functions rather than financial implications. The PP’s appeal also raised concerns about violating constitutional rights related to delegating powers to autonomous regions, but these were deemed unnecessary after the main appeal was upheld.