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It states that not reporting does not automatically mean that the family is at risk

MADRID, August 12 (EUROPA PRESS) –

The Supreme Court (TS) has ruled that local authorities must produce a report establishing whether the non-payment is due to a situation of social exclusion, in order to avoid disrupting the care of a vulnerable family as it does states that, contrary to what is contained in the Catalan law on energy poverty, the cases in which the councilors do not issue an opinion do not automatically mean that family unity is at risk.

The Law of Catalonia 24/2015 establishes in its article 9.4 that the request for a report from the social services obliges the administration to issue the document within a period of 15 days and stipulates that “if this period elapses and it is not issued understands that the family unit is effectively threatened with “exclusion from the place of residence”, which would prevent disruption of care and allow the use of grants to keep the family out of debt.

In the judgment, which Europa Press had access to, the judges stated that the silence of the municipalities is not enough, but that they have to submit the report provided for by the law within 15 days.

The Fourth Section of the Administrative Chamber of Litigation has ruled in this way, when upholding Naturgy’s appeal against the decision of the Supreme Court of Catalonia, not to rectify the Court’s decision that its action against the City Council of Sant Joan was inadmissible Despi.

The electricity company asked the High Court whether the failure to prepare the report determining whether a family unit is in a situation of social exclusion was translated as “administrative inaction” or “administrative silence”, d affirmative reply.

INCOMPATIBLE WITH THE CONSTITUTION

The judges explained on six pages that “the presumption examined here is not to be classified as administrative silence”, because this would mean that the energy company could not only block the delivery due to non-payment, but also “cannot fall back on other evidence to undermine the legal presumption that a situation of vulnerability exists”.

“To put it mildly, this would be doubtfully compatible with the constitutional regulation of a warranty administration procedure (Art. 105 B-VG) and would of course enable the municipal councils to prevent effective processing of the service provided by the supplying bodies by simply omitting to do so,” pointed out the court pointed out and then insisted that the burden on the company to interpret the law in the sense of administrative silence “would be disproportionate”.

Thus, the Supreme Court has ordered the Sant Joan Despí City Council to issue the relevant report “within 15 days of the notification of this judgment”, which was signed by the judges on July 21st.

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Source europapress.es

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