Portal de Las Torres de Cotillas
www.portaldelastorresdecotillas.com
The Popular Party of Las Torres de Cotillas has presented a Motion requesting the Plenary of the Corporation that the Government authorize municipalities such as that of our town to manage their municipal resources and surplus in order to carry out services and measures that allow action against the coronavirus ( COVID-19).
As the popular Torreños highlight, "the Government should be urged not to use the exceptional powers that the state of alarm gives to violate constitutional precepts and laws in force, since as indicated in article 29 of the Government Law, it is subject to the Constitution and the rest of the legal system ".
In addition, the PP has asked in its Motion "to respect and guarantee the autonomy that the Spanish Constitution and the laws give to local entities for the management of their resources, for the management of public money that belongs to each and every Spaniard , not from a specific government. "
All in all, the popular groups in Las Torres de Cotillas emphasize the text of the proposal that "if it is proposed to modify any law that affects the autonomy, finances or financial stability of local authorities, the modifications in Congress be validated, before the legitimate representatives of all Spaniards, since the declaration of the State of alarm does not alter the normal functioning of the powers of the State ".
MOTION TO GUARANTEE THE AUTONOMY THAT THE SPANISH CONSTITUTION AND THE LAWS GIVE TO LOCAL ENTITIES FOR THE MANAGEMENT OF THEIR RESOURCES.
Article 140 of the Spanish Constitution guarantees the autonomy of the municipalities and establishes that "these shall enjoy full legal personality" and that "their government and administration corresponds to their respective City Councils, made up of Mayors and Councilors".
On the other hand, our Magna Carta in its article 142 establishes that "the local Treasuries must have the sufficient means to carry out the functions that the law attributes to the respective Corporations and will be nourished mainly by their own taxes and participation in those of the State and Autonomous Communities ".
These constitutional principles have been developed through various laws that guarantee, on the one hand, local autonomy and, on the other, that local entities have sufficient resources to meet the needs of their neighbors.
In this way, the Law Regulating the Bases of the Local Regime (LRBRL) establishes that "for the effectiveness of the autonomy constitutionally guaranteed to local entities, the legislation of the State (...) must ensure municipalities, provinces and the islands their right to intervene in all matters that directly affect the circle of their interests "and that" the municipal government and administration (...) corresponds to the city council, made up of the Mayor and the Councilors "(Art. 2 and 19 of LBRL).
This Law, a fundamental instrument in the definition of the competences and obligations of local entities, also indicates that "economic, technical and administrative cooperation between the local Administration and the Administrations of the State and the Autonomous Communities, both in local services and in matters of common interest, will be carried out on a voluntary basis, in the forms and in the terms provided in the laws, and may take place, in any case, through the consortiums or administrative agreements that they sign "(Art. 57.1 LRBRL).
Lastly, it should be noted that the LRBRL establishes in its article 105 that "local Treasuries shall be provided with sufficient resources to fulfill the purposes of local entities" and that said local treasuries "are nourished, in addition to their own taxes and the participations recognized in those of the State and in those of the Autonomous Communities, of those other resources that the Law foresees. "
It is necessary to remember all the laws that protect the autonomy, organization and management of their resources, of the local entities, as well as the different sources of financing of them for various reasons:
1- The Government of Spain with an absolute disregard for our Constitution and the laws that regulate the organization, powers and Finance of local entities has unjustifiably denied the payment to the EELL of the VAT corresponding to the month of December 2017.
A non-payment that in the case of Local Entities, in addition to constituting a breach of a legal obligation that puts at risk that they can continue to provide their neighbors with the public services they are entrusted with (maintenance of urban infrastructure, housing, security, social services, etc.), has led to the 2017 settlement of the Participation of municipalities in State Taxes being negative for the local administration as a whole, which implies the obligation to reimburse large amounts to the State.
2- The government of Spain is studying "confiscating" the surplus generated in 2019 by local entities (5,000 million euros) as well as the resources they have in banking entities (28,000 million euros) as a consequence of having generated surpluses since the year 2012.
It should be noted that the generation of such surpluses is not only due to the application of the Organic Law of Budgetary Stability and Financial Sustainability (LOEPSF) since this law "binds all public powers (General State Administration, Autonomous Communities, Local Corporations and Social Security) "(Art. 1 and 2 of the LOEPSF)" but only local corporations, thanks to efficient and rigorous management of their resources, have been able to recurrently generate a positive balance in their public accounts at the end of each budget year helping our country to meet the public deficit targets set by the European Union.
These surpluses, as stated in article 32 of the LOEPSF, have been destined to reduce the level of indebtedness of local entities, to the execution of financially sustainable investments that revert to the benefit of the neighbors and, in many cases, to continue generating savings in order to combine the provision of quality public services to residents with low taxation without mortgaging future generations.
For several years, local authorities have been demanding greater flexibility from the central government to apply the surpluses generated, but always within their autonomy and respecting local autonomy.
Local entities constitute the administration closest to the citizen and have always shown their solidarity with the rest of the Spanish administrations by assuming improper powers without receiving, in many cases, adequate funding from the Autonomous Communities and the State to exercise them, which has caused they have had to allocate their own resources, resources from all their neighbors, to maintain them.
But local entities cannot be the lifeline for a government that, since June 2018, has been unable to approve General State Budgets, has been more dependent on propaganda than on serious and rigorous management of resources All Spaniards, who have denied Local Corporations and the Autonomous Communities the income that corresponds to them by law (VAT of December 2017 unpaid) and which has increased by 29,000 million euros the Spanish public debt (600 euros more per Spanish).
For all the aforementioned, the undersigned councilor submits the following proposal to the Plenary:
MOTION
The City Council of Las Torres de Cotillas urges the national government to:
1. Failure to use the exceptional powers conferred by the state of alarm to violate constitutional provisions and laws in force since, as indicated in article 29 of the Government Law, it is subject to the Constitution and the rest of the legal system in all its performance.
2. Respect and guarantee the autonomy that the Spanish Constitution and the laws grant to local entities for the management of their resources, for the management of public money that belongs to each and every Spaniard, not to a specific government.
3. Make the rules more flexible so that local entities can use their surpluses to implement those services and measures that allow action against the pandemic, always in coordination with the Autonomous Community of the Region of Murcia and the State.
4. If it is proposed to modify any of the laws that affect the autonomy, finances or financial stability of local entities, validate said modifications in the Congress of Deputies, before the legitimate representatives of all Spaniards, given that the declaration of the state of alarm does not interrupt the normal functioning of the powers of the State (Art. 1.4 of Law 4/1981, of June 1, on the states of alarm, exception and siege).
Source: PP Las Torres de Cotillas
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