The Contentious Court Number 1 of Elche has resolved this Monday to maintain the precautionary measures that suspend the final approval in the plenary session of the municipal budgets of Torrevieja. The judge Yolanda candela rejects the appeal presented by the PP government team, which can now appeal in turn.
The order to which this newspaper has had access is limited to indicating that the final approval of the budget would render meaningless the analysis of the merits of the appeal presented by the councilors Fanny Serrano (PSOE), Israel Muñoz (The Greens) and Pablo Samper (Dreams Torrevieja), without specifying from what point the local government should restart the preparation of the accounts. The opposition questioned almost the entire procedure in its appeal, since the call for the initial approval in January -which also had a report against the general secretary of the plenary session-.
This appeal indicated that the local government violates the fundamental right of public officials by not having respected the deadlines, nor access to budget information, in addition to having resolved their allegations in an allegedly irregular manner.
Faced with the extremely precautionary measure, the City Council assured that it was requesting the annulment of the decree calling the plenary session, signed by Mayor Eduardo Dolón on March 3, and that it included several points outside the final approval of the budget.
However, the judge clarifies that the opposition requested “the specific withdrawal of one of the items on the agenda”, in which the final approval was debated. The judge recalls that this point is the basis of the appeal, so if the requested measure is not adopted, the appeal would be void of content. ” For the judge, maintaining the precautionary measure “would not seriously harm the general or third party interest, for the time that must elapse until a final resolution is issued in this appeal.”
The order, which can be appealed, does not specify how the City Council must proceed now. The PP assured that many of its projects could not go ahead but is already preparing credit modifications to manage with extended accounts.
The reaction of the members of the government team to the resolution of last day 4 in which the same court agreed to adopt very precautionary measures and ordered to withdraw the item from the plenary session has been to accuse the opposition of wanting to govern against the loose absolute majority that the PP has in this mandate.
Despite the fact that Mayor Eduardo Dolón and his team have maintained on social networks that many projects and aid to alleviate the impact of the pandemic are paralyzed, the truth is that the municipal economic area is already working on the necessary credit modifications to finance all these provisions , from hiring staff to control the beaches to helping the elderly or the self-employed. These reactions in networks have gone further, suggesting an alleged politicization of the judge who has adopted the decision Yolanda Candela – it was the case of an adviser to the mayor, Vicente Zapata-. The popular anger at the judicial resolution is evident because it is the second time that it has occurred – it also happened with the 2020 budget and points out the same reasons for lack of respect for legal procedures.
Some of these modifications only require technical reports and a decree from the mayor. Others of a procedure that must be approved in plenary session. In any case, it is a very common form of management in local, regional and state administration when budgets are extended, as is the case.
In the courts of Elche, by the way, there is a dispute filed also by the opposition against the final approval of the current 2020 budgets, for the same reasons as the one presented now and which is now facing its final phase – that dispute also forced the government team to expose the initial budget to the public again.
One of the reactions on social networks of the mayor’s advisers to the withdrawal from the agenda of the point of approval of the final budget of Torrevieja:
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.