The lawyers of the Congress point against five provisions of the PGE


The lawyers of the Congress have sent a letter to the Budget Commission in which they report that some precepts of the General Budget Law (PGE) of 2023, specifically five provisions, “could contradict” the constitutional doctrine. According to the text, the project is exceeds in competitions that should not be included in the budget.

Some of the precepts referred to in the document refer to modifications in the General Subsidies Law, in matters of defense and security or in the Public Sector Contract Law, among others. Regarding the first law, on subsidies, the report refers to aspects related to aid granted by public sector foundations. In the opinion of the lawyers, a ruling by the Constitutional Court (TC) announces a “well-founded doubt” about the adequacy of the modifications legal to constitutional doctrine.

On the other hand, the report maintains that in terms of defense and security modifications are added that are already repeated in the Public Sector Contract Lawso that this last Law will be applicable to it. Law of the Basic Statute of the Public Employeethe Government includes modifications on aspects such as collective bargaining and the regulation of equality plans that public administrations must have.

The lawyers understand that, according to the criteria of the Constitutional Court, the relationship of the modified regulations with the income and expenses cannot be identified, without which it cannot be affirmed that their content coincide with what is constitutionally possible in the case of the Budget Law.

Regarding the Law of Public Sector Contracts, the lawyers point out that the modification related to the control by the intervening body of the local entity, seems to have a “more intense” relationship than the rest of the modifications described with the income and expenses. However, this control refers to contracts of local entities and, therefore, would affect, where appropriate, the budgets of said entities and not that of the PGE, according to the lawyers. In relation to the rest of the modifications referred to, the aforementioned report maintains that its direct relationship with income and expenses is not appreciatedas required by the Constitutional Court for PGE.

Entry into force of the Law

On the other hand, the document of the lawyers mentions that although in almost all the budgets analyzed since 2005 until now the General State Budget Laws did not contain a provision on its entry into force, at the beginning of this year a controversy arose about its appbased on the fact that the law did not expressly contain a provision on the beginning of its term.

That is why the lawyers have submitted for the consideration of the paper the possibility of including in the bill a additional provision new on the entry into force of the Law, similar to the one that appeared in the Budget Law for 2021.


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