For a while now, within the lies of the native sphere it’s heard insistently to talk of the certified “Fundamental Statute of the Municipalities of Much less Inhabitants”. A is born normativoWith out having seen the sunshine, numerous advantages are already attributed to it, presenting it as the answer to a big a part of the evils attributed to the municipal administration.
Nonetheless, as of April 2021 we solely have one Non-Legislation Proposal introduced within the Congress of Deputies – missing binding authorized results. Solely this, even though the Nationwide Technique towards the Retro Demographic was accredited in 2019 and was set as a cross-cutting goal: advance within the regulatory and administrative simplification for small municipalities, as a way to facilitate the administration of municipalities. Observe that between the technique and the non-law proposal, two years have handed with out outcomes, even though each initiatives are from the identical political social gathering that makes up the bulk within the Cortes Generales and within the Authorities of the Nation. For now, the parliamentary proposal takes a leisurely tempo, which ought to make us cool expectations.
To turn out to be conscious of the scope of the problem, we should convey up the incontestable knowledge on the scenario of the native plant in Spain. We presently have 8,131 municipalities of which 6,827 have lower than 5,000 inhabitants. Many of the Spanish municipalities are small. Subsequently, a particular authorized regime is being deliberate for 83.69% of the municipalities. Contemplating the proportion affected over the entire, which in idea is conceived as a particular regime for a particular kind of municipality, in follow will probably be a generalized regime because the normative modifications that come up will have an effect on the nice majority.
Contemplating its content material, the aforementioned non-law proposition urges the Authorities to formulate a authorized statute for these municipalities with lower than 5,000 inhabitants, the place normative specificities are collected for simplify the frequent administrative process, public procurement, the availability of its companies, and budgetary laws. No additional particulars are offered. It’s proposed, nothing extra and nothing much less, that this future provision modifies common points corresponding to administrative process, but in addition particular legal guidelines corresponding to contracting, budgets or companies (nearly all competences would enter this block: city planning, surroundings, water, visitors…). A process that appears titanic to us, considering the two-faced nature of the native regime in Spain, because the municipal dynamics shouldn’t be solely primarily based on the fundamental laws of the State, but in addition on the legal guidelines accredited by every of the Autonomous Communities for the regime. native in its seventeen territories.
Briefly, the event of a primary authorized textual content is being promoted that modifies common laws, particular laws –fairly advanced– and that, as well as, it complies constitutionally with the specificities contemplated by the regional legal guidelines on native authorities. As if the above weren’t sufficient of a problem, additionally it is set as an goal that this future statute helps to ascertain inhabitants within the much less densely populated areas. In our opinion, the legislator is being requested to present start to a unicorn.
To this point, and we have now been listening to them for a very long time, we solely have declarations of intent, methods with many aims and delegated committees. On this regard, we should acknowledge that by themselves they’re inadequate to cowl the nudity exhibited by our anachronistic municipal physique. A plant whose construction is outsized above and beneath, since there’s not solely an extreme municipal division, but in addition a excessive variety of intermediate entities (councils, associations, counties, parishes, …).
Allow us to not overlook that residents, as service candidates, work together with this big variety of entities, encountering not a number of duplications, competence imbalances, deficits in management and transparency. On this foundation, we take into account that the shortage of agility and fairness within the native administration shouldn’t be due a lot to the present authorized framework –the vestments–, however to the hindrances that the present construction of the municipal plant –the physique– drags.
We agree that the reform of the native administration essentially goes by way of simplificationHowever maybe the correct course is to not additional complicate the native regulatory framework. There may be additionally the danger of misunderstood simplification, one that’s equated with the elimination of controls and, what’s extra critical, with the discount of ensures to the businesses. In our understanding and since native autonomy was acknowledged by the 1978 Structure, the native Administration calls for a simplification, after all, however of its municipal plant by way of the discount within the variety of entities; since solely by overcoming the scenario of infra-municipalism can an efficient train of mentioned autonomy be achieved for the ensuing items. It’s about homogenizing the native plant till reaching municipalities which might be competitively and financially sustainable; the other is to present a letter of nature to the minority by which they already reside de facto many of the Spanish municipalities.
They insist on defending the survival of a fractional native plant below the safety of a failed interpretation of native autonomy, which advocates formal versus efficient recognition. Nonetheless, what actually underlies is, first, the lack of self-criticism in native governments, anchored within the brief time period from a “coverage of boundaries”. Added to the above is the absence of curiosity from the Provincial Councils and the Autonomous Communities, since they’re beneficiaries of the dependence of small municipalities in the direction of them.
A discount of the native plant would strengthen the institutional place of the ensuing municipalities and would enable a sharper distribution of the tasks; quite the opposite, it could imply a lack of energy, and even the questioning of its existence, for different intermediate entities. If an uncompromising protection of the present municipal plant succeeds, absolutely the longer term statute will undertake as an answer the rise of the guardianship and the prerogatives of Provincial Councils and assimilated over small municipalities. This, in our view, will degrade their native autonomy.
As an alternative of selling a particular statute for small municipalities, it could be extra profitable to slim down the municipal plant (as has been finished in most European international locations). It is extra, the simplification we suggest doesn’t require authorized modifications, however reasonably a political dedication that may be materialized from the present regulatory framework. It’s about tackling the issue from the foundation, and in each primary and regional laws we discover instruments to undertake a method primarily based on the merger of municipalities, already by settlement and by mandate, and in compound municipalities.
The emperor doesn’t want a brand new swimsuit; what you want is to drop extra pounds. Then, if crucial, the seams can be adjusted. Remembering the ethical of the story by Hans Christian Andersen, we should always not consider that one thing is important simply because many repeat it; Quite the opposite, it’s about being sincere with the analysis and brave with an answer that permits the municipalities to realize an efficient train of their autonomy.