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Wednesday, February 1, 2023

The government is making agreements with Catalonia, the Canary Islands, Galicia and Murcia to avoid appeals to the constitution



The Ministry of Territorial Policy has reached four new agreements with the Canary Islands, Catalonia, Galicia and Murcia on regulations where there have been differences of jurisdiction, obligations that prevent appeals from being lodged with the Constitutional Court.

The pact signed in July with the Government of Murcia relates to the Autonomous Budget Law for the year 2022. The agreement relates in particular to Article 59, which modifies the determination and determination of the surcharge on the economic activities tax, adding two new points .

At this point, both parties have agreed that the Murcia Executive will move forward with the relevant legislative amendment to repeal these regulations introduced by Article 59. The government of López Miras will also include in the regulatory development the procedural aspects of the introduction and determination of the surcharge on the business tax.


Regarding the Canary Islands, the agreement reached relates to the Law on Urgent Measures to Promote the Primary, Energy, Tourism and Territorial Sectors of the Canary Islands. With respect to the third final provision, both parties agree that the expression “any other act of municipal and island preventive control” refers exclusively to the empowering titles in territorial and urban matters with island or municipal jurisdiction and in no case to environmental titles.

With respect to the seventh final provision, Article 38, both parties agree to interpret the amendment made in the seventh transitional provision of the Canary Islands Tourism Redevelopment and Modernization Act as relating only to plans requiring approval but associated with environmental remembrance power.

With regard to the seventh final provision, Section 15, both Governments agree to interpret the term “provisional and limited character” of Article 168.4 of the Law on Soils and Protected Natural Areas of the Canary Islands, as amended by this Section of the Law, as meaning that the Die Strategic environmental assessment of the substantive transitional regulations may only be simplified if the suspension of planning meets the requirements of Section 6 (2) of the Environmental Assessment Act.


Likewise, two agreements have been reached with Catalonia and Galicia on the application of the Government Decree-Law that regulates the European directives related to guaranteed bonds, cross-border marketing of collective investment undertakings, open data and re-use of public sector information, and the exercise of Rights has adapted copyright and related rights for certain online transmissions and retransmissions of radio and television programs, temporary exemptions for certain imports and supplies, for consumers and to promote clean and energy-efficient road vehicles.

With regard to Article 46 of the Consolidated Text of the Law on the Protection of Consumers and Users and other complementary laws, both parties agree that the Government will take the appropriate measures to amend its Section 9 and add a new Section 10 to define the powers of the Autonomous communities in terms of consumer protection, all with the tenor set out in the agreement.

The same applies to the articles of Decree 48, Section 1, relating to the sanctions regime; Article 0 on accessory sanctions; Article 51(7); Article 52, §§ 6 and 7; Article 52 to paragraphs 1, 3, 5 and 6; and the second point of the heading “Instructions for completion”, point A of Annex I; all modified by Article 82. Both parties agree in all of these sections that the government will implement the appropriate measures to amend the terms set out in the agreement.


Source europapress.es

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