The bombing of the Courtroom of Accounts continues for having dared to place stones within the path of harmony publish pardons (based on Minister Ábalos) by politicians who should not suspected of being significantly within the depoliticization of our establishments and within the correct functioning of the “ checks and balances ”patrios. They now uncover, like Captain Renault within the film “Casablanca” that our establishments of management are stuffed with former politicians associated to the large events. Who might have suspected. Particularly, within the Courtroom of Accounts sits Margarita Mariscal de Gante, former Minister of Justice with the Standard Get together, who’s the councilor who’s accountable for passing the sentence within the case of the procés leaders. She has been within the place for at least 9 years, and was appointed, as ordered by Natural Regulation 2/1982, of Could 12, by the Courtroom of Accounts by a cushty majority of three/5 of the Senate together with one other shock , Manuel Aznar López, the brother of the previous Prime Minister. They acquired 222 votes.
Additionally it is attention-grabbing to notice that supposedly these individuals have to satisfy a sequence of necessities that assure their competence to carry out the capabilities of the place. Nonetheless, artwork. 30 of the Natural Regulation wherein it was established has been interpreted by our political events with its conventional laxity, in order that, in actuality, virtually anybody with a better diploma and 15 years of expertise can entry the place. The reason being quite simple; the positions in the principle constitutional establishments are merely distributed as stickers among the many majority events. And it has been that means for many years.
Certainly, though the relevant laws require massive majorities to be able to acquire an ideal assist from the candidates and set up suitability necessities, what occurs is that the seats of Administrators are distributed among the many massive events, so that every one, inside of your quota, title who you assume finest. That’s the reason the a lot vaunted fable of the democratic appointment by Congress and Senate is kind of distorted with this distribution system, the place every social gathering (or the chief of every social gathering, to be extra precise) freely decides who’s going to be the swish or swish after which the corresponding parliamentary majority helps it, since all the things has already been agreed upon upfront. Therefore additionally the one the hearings which can be established in some instances to strengthen the function of Parliament are a paripé; everybody is aware of that the applicant shall be appointed sure or sure, irrespective of how unsuitable his profile could also be.
That the politicians and the events accountable for this state of affairs (the PP and the PSOE with the assist of the nationalists when obligatory) are actually scandalized is an train in cynicism. Merely it’s a mannequin that fits them properly and that limits the management over public funds that’s the goal of an establishment such because the Courtroom of Accounts. In that sense, Gabriel Rufián is true when he denounces that the Courtroom of Accounts has by no means been in a position to detect irregular financing of a big social gathering, and it’ll not have been because of lack of alternatives. The system is designed for that. It’s a pity that you just overlook to say that the autonomous management establishments equal to the Courtroom of Accounts (the so-called OCEX, Autonomous Exterior Management Our bodies) replicate the state mannequin, to the peace of thoughts of their respective autonomous governments. Catalonia particularly is just not that it stands out exactly due to the energy of its institutional counterweights, moderately the other. In that sense, It doesn’t seem that the exterior auditing physique of the accounts, financial administration and effectivity management of the Generalitat, native entities and the remainder of the general public sector of Catalonia, the Sindicatura de Comptes de Catalunya has displayed a lot zeal in its exercise . And it’ll not have been because of lack of alternatives.
Briefly, this concern for the independence and professionalism of our constitutional our bodies on the event of the reason for the Procés leaders doesn’t appear very honest. In actual fact, they are usually far more in favor when they’re in opposition than once they govern. Electoral applications are sometimes crammed with reform proposals to strengthen establishments or to ensure their neutrality and professionalism which can be forgotten as quickly as elections are received. What could also be comprehensible, however overlook one thing important: that the existence of counterpowers and controls is as important part of what’s a rule of legislation and a consultant liberal democracy because the assure of free elections or the plurality of the media, to present two examples that I believe nobody would query.
Having mentioned that, in fact, the functioning of the Courtroom of Accounts, as regards the accounting jurisdiction and the remainder of its capabilities, might be significantly improved. However most likely there’s not a lot curiosity on the a part of our legislators in making it work higher, as a result of this might imply extra and never much less management of Energy and public cash, which by the way in which wouldn’t damage the long-suffering taxpayers. What we will count on is enterprise as regular; the delegitimization of a vital establishment and never its reform, adopted by the roughly ingenious technical answer to get out of bother, as has absolutely been finished on different events, maybe extra discreetly. And, I am afraid, little else.
And no, in different nations round us, issues do not work that means. In case you are curious, on the Basis we did a comparative research of various European audit our bodies just like the Spanish Courtroom of Auditors that we offered to the European Courtroom of Auditors. I nonetheless bear in mind the astonished faces of the attendees and their astonished questions in case they’d not understood it appropriately. It was 2015 and since then all the things has remained the identical.
Right here you’ll be able to seek the advice of the research: https://hayderecho.com/wp-content/uploads/2015/10/An%C3%A1lisis-del-funcionamiento-del-Tribunal-de-Cuentas.pdf
A model of this text might be learn in International Chronicle, here.