The central government is going to withdraw the appeal it filed before the Constitutional Court (TC) against the so-called ‘super decree’ or simplification decree, a norm approved in a state of alarm by the Junta de Andalucía that modified 21 laws and others in one go six decrees. The PSOE, the main opposition party, denounced that the decree opened the door to the liberalization and deregulation of the market, making unnecessary many environmental permits now mandatory for urban projects.
The Socialists have appealed this rule in court. The Executive of Pedro Sánchez also filed a complaint with the TC, but for a matter of “invasion of powers” of the State, not for the merits of the matter. The Board agreed to negotiate with the Government the necessary modifications to the original text, and within the framework of the bilateral commission an agreement has been reached: Andalusia presents a new wording of the articles indicated by the Government -related to the Audiovisual Law of Andalusia and interventions in municipalities with Goods of Cultural Interest-, and this withdraws the resource.
The agreement was announced this Tuesday by the Minister of the Presidency, Public Administration and Interior and spokesman for the Andalusian Executive, Elías Bendodo, at the press conference after the weekly meeting of the Governing Council. The spokesman, as well as the vice president Juan Marín, have presented this agreement as an “example of dialogue” between administrations of different political signs, and have highlighted that Pedro Sánchez himself defended “administrative simplification” as an important point regarding the distribution and the management of European funds against covid-19 (140,000 million euros in the hands of Spain).
With this message, the partners of the Andalusian Government -PP and Ciudadanos- not only take their chest out of their recurring “anticipation”, they also take the opportunity to sideline the PSOE of Susana Díaz in their legal litigation against the same decree. The Board has accepted this good news this Tuesday, in addition to the file of another complaint from Marea Blanca, by the Prosecutor’s Office of the Superior Court of Justice of Andalusia, against the express hiring of public personnel to reinforce services urgently in the middle of the pandemic .
The agreement reached between the Government and the Board is reflected in the final provisions of the aforementioned decree law and, as explained by Bendodo, the Governing Council has approved this Tuesday the modifications agreed between both administrations, which, subsequently, will have to be ratified by the Andalusian Parliament, reports Europa Press.
Once the aforementioned legal amendments have been approved and published, the State undertakes to withdraw from the appeal of unconstitutionality raised, as announced by the Board, whose spokesperson has valued the agreement as “very good news” and “an example of two governments we can agree on such an important matter. ”
This agreement comes a few weeks after the TC lifted the precautionary suspension of the articles appealed by the Government, so that, according to Bendodo, the decree “remains in force with full guarantees and legal certainty.” From the Board they defend that the situation of the economic slowdown process that motivated the adoption by the aforementioned decree of measures to promote economic development and productive activity aimed at simplifying procedures and eliminating unnecessary obstacles by simplifying the Regulation “not only persists at present, but has been aggravated as a consequence of the persistence of the effects of the health crisis caused by Covid-19 and its impact on the economy.”
Along these lines, Bendodo has indicated that the Government of PP-A and Ciudadanos (Cs) has carried out “serious, rigorous and necessary work so that the bureaucratic tangle that had been woven in Andalusia does not drown people, freelancers and companies, and so that everyone who wants to invest in Andalusia can do so “.
For his part, the Vice President of the Board and Minister of Tourism, Regeneration, Justice and Local Administration, Juan Marín, also present at the press conference, has highlighted that, recently, the President of the Government himself, Pedro Sánchez, has announced that it also plans to approve a decree that eliminates “the main bureaucratic barriers”, and has encouraged socialist parliamentarians to “take note” of it, who also appealed the Andalusian decree before the TC.
Terms of agreement
The measures adopted in audiovisual matters in the decree respond, according to the Board, “to the convenience of expediting the processing of some procedures, as well as favoring the advancement and consolidation of the audiovisual communication sector in Andalusia, as well as its related productive activity “.
For their part, the measures relating to historical heritage are intended to “expedite the processing of certain works that, due to their entity, do not affect historical heritage, discharging the Provincial Committees of Historical Heritage, which may devote more attention to projects of more importance and assess in greater detail its effect on the historical heritage and, at the same time, eliminate unnecessary or disproportionate burdens for the development of economic activities “.
With the reform introduced by this Decree Law, the realization of any of these works that involve minimal intervention, consisting of works of little constructive entity and technical simplicity, such as interior works that do not affect the subsoil, the structure and configuration architectural or decorative elements of the historical heritage, although it will not be subject to administrative authorization, it must be communicated in advance to the Regional Ministry responsible for historical heritage, which “will assess the intervention and formulate, where appropriate, the corrective measures to be taken they deem essential for the protection of the property “.
In this way, by virtue of the agreement reached, in relation to article 13 of Decree Law 2/2020, as it modifies article 33.3 of Law 14/2007, of November 26, on the Historical Heritage of Andalusia, the Board will undertakes to modify the aforementioned article 33.3. It will now say that “It will be necessary to obtain authorization from the competent Ministry in matters of historical heritage, prior to the remaining licenses or authorizations that were relevant, to make any change or modification that individuals or other Public Administrations wish to carry out in properties that are the object of registration as a Property of Cultural Interest or its surroundings, whether it is works of all kinds, including land removals, as well as changes of use or modifications to movable property, paint, facilities or accessories collected in the inscription “.
The same authorization will be mandatory to place any kind of label, sign or symbol on facades or roofs of Monuments, in the Historic Gardens and in their respective environments.
“The authorization of the competent Ministry in matters of historical heritage will not be necessary for the realization of works of little constructive entity and technical simplicity that do not require a project in accordance with current legislation on construction, in the properties included: a) In the environment of an Asset of Cultural Interest of those listed in letter b). b) In Historic Complexes, Historic Sites, Archaeological Zones, Places of Ethnological Interest, Places of Industrial Interest or Heritage Zones, which are not listed in the Catalog General of the Andalusian Historical Heritage as Monuments and Historical Gardens “.
The realization of any of these works must be communicated in advance to the competent Ministry in matters of historical heritage, which, “within 30 days from such communication, will assess the intervention and formulate, where appropriate, the measures corrective measures that are considered essential for the protection of the property, and that the interested person must comply with, as well as any other technical recommendations that are considered appropriate “.
Regarding the discrepancies raised around section four of article 28 of Decree Law 2/2020, which rewrites article 37.b) of Law 10/2018, audiovisual of Andalusia, the Board assumes the commitment of a regulatory development in which it is specified that the chain operators have the corresponding enabling title in accordance with state legislation.
Finally, regarding the discrepancies raised in relation to section six of article 28 of Decree Law 2/2020, by virtue of which article 40 of the Audiovisual Law of Andalusia is suppressed, the Board assumes the commitment to urge a legislative amendment with the purpose of rendering said repeal without effect.
Once the indicated legal modifications have been approved and published, the State undertakes to withdraw the appeal of unconstitutionality raised, as signed by the Minister of Territorial Policy and Public Function, Carolina Darias, and the counselor Elías Bendodo.