Administrative simplification is one of the major demands of the business community and Andalusian society as a whole. This decree represents a significant step forward in eliminating bureaucratic obstacles, streamlining procedures and encouraging investment in Andalusia. Thanks to this measure, Our land continues to advance in economic development and the modernization of public administration.
The Constitutional Court has largely endorsed Decree-Law 2/2020. to improve and simplify the regulation for the promotion of productive activity in Andalusia, approved by the Regional Government in March 2020. The regulation, which was ratified during the state of alarm due to the COVID-19 pandemic, was the subject of a constitutional appeal filed by the PSOE (Spanish Socialist Workers' Party), which challenged 23 of the decree's 29 articles. However, The Constitutional Court's ruling has only declared four of these articles unconstitutional, allowing the rest of the law to remain in force without modifications..
Administrative Simplification Decree: The Constitutional Court's ruling
The appeal filed by the PSOE alleged that the decree was "unconstitutional" in its entirety. However, The Court has rejected this claim and has recognized the validity of the decree in almost its entirety.The only exception is four articles that have been repealed because the need to legislate by decree on these matters was not adequately justified.
The PSOE fails in its strategy
The Minister of the Presidency, Interior, Social Dialogue and Administrative Simplification, Antonio Sanz, celebrated the ruling and described it as a "great victory", since the Constitutional Court "overturns the plaintiffs' intention to annul the decree, which remains in force." Sanz emphasized that the PSOE's appeal sought the complete annulment of the law, but the court upheld most of the text.
"The PSOE raised the challenge of 23 of the 29 articles of the decree, and the TC only considers them unconstitutional Four articles on matters that can be corrected without modifying or affecting the content of the decreeOf the 94 pages of the BOJA decree, these four articles take up five pages," the councilor emphasized.
The Constitutional Court rejects the PSOE's challenge
The ruling also dismisses the PSOE's appeal against the decree's validation by the Permanent Commission of the Andalusian Parliament on April 2, 2020. The appeal argued that this validation was unconstitutional, since the convening of the Permanent Deputation during an ordinary session was not expressly provided for in the Parliament's Regulations.However, the Constitutional Court has noted that the call had the unanimous support of all parliamentary groups and was made to ensure the functioning of the legislature in the midst of a health crisis.
The court also rejected the Socialist argument that the "extraordinary and urgent need" to legislate by decree-law was insufficiently justified. In its ruling, The Constitutional Court recalls that the adoption of administrative simplification measures through emergency legislation has been recognized on several occasions by constitutional doctrine..
The PSOE is playing against Andalusia and the lives of Andalusians.
The PSOE continues to insist on playing against Andalusia and putting more obstacles in the way of life for Andalusians. A strategy that "has failed resoundingly in its attempt to overturn one of the most reformist and strategic measures of the new Government, which is administrative simplification, not only endorsed now by the Constitutional Court, but also imitated by other autonomous communities."", Sanz said.
Decree-Law 2/2020 is one of the key regulations of the Andalusian Government to reduce bureaucracy and facilitate economic activity in the region. Its objective is to streamline procedures, eliminate administrative obstacles and encourage investment.The Constitutional Court's ruling strengthens most of the law and endorses its application in general terms, which represents support for the simplification policy promoted by the Regional Government.
Despite the PSOE's attempt to repeal the law, Juanma Moreno's government maintains its commitment to administrative simplification, a strategy that has already been replicated in other autonomous communities and has facilitated economic recovery in Andalusia.
