The suppression of parliamentary scrutiny by a regional budget law Commentary on the Constitutional Court's Judgment num. 16/2022, of February 8, concerning the action of unconstitutionality num. 2313-2020. (BOE num. 59, of March 10, 2022)

Abstract

The Constitutional Court upholds the appeal of unconstitutionality filed by fifty Senators against section 5 of final provision 4 of the Law of the Regional Assembly of Castilla-La Mancha 10/2019, of December 20, regarding the 2020 budget of the regional government of Castilla-La Mancha. Said provision suppresses a paragraph of article 75.2.c) of the consolidated text of the Law on Tax Authority of Castilla-La Mancha, approved by Legislative Decree 1/2002, of November 19, which compels the regional government to a quarterly referral to the regional assembly of this Autonomous Community of certain information regarding direct grants, a suppression declared unconstitutional and null, since the Constitutional Court understands that it exceeds the eventual content admissible in a budget law. Once this unconstitutionality has been verified, the Court is not required to appreciate if the aforementioned provision infringes article 23.2 of the Spanish Constitution, but this is discussed by the parties and is also assessed in this commentary.