The Superior Court of Justice of the Valencian Community (TSJCV), in a ruling of September 7, the plenary agreement of the final approval of the loan modification files 17/2019 and 18/2019 has just been declared null by right, imposing the procedural costs to the City Council, after the appeal filed by the spokesman for the municipal group of the PP, Antonio Bernabé. The judgment indicates that the fundamental right to access to information and participation was violated public of the popular councilors at the time of accessing the public documentation of a file of modification of credit of the budgets of 2019.
According to the High Court, the conduct of the “Benejúzar City Council supposed a violation of the ordinance and violated the fundamental right of article 23.1 of the Constitution. Consequently, the final approval agreements of the loan modification files 17/2019 and 218/2019 were adopted incurring a defect of nullity of full right as inferred from article 47 of Law 39/2015, of October 1, of Common Administrative Procedure of Public Administrations. “The PP provides the sentence in the communiqué with which it has made this resolution public.
For the PP, this ruling puts an end to what “at the time was an abuse of power, a total lack of transparency and a regrettable disregard of the PSOE-Cs government coalition,” to the representatives of the Popular Party, “by denying them on repeated occasions the access to the information of the administrative files that made up the budgetary modifications “.
“Invitation” of the mayor Rosa García
In this sense, the popular ones explain that in the final approval plenary session of January 30, 2020, Councilor for Citizens Rosa García, as spokesman for the municipal government, snapped at the popular spokesman that “because of him, a plenary session had to be repeated with the same items on the agenda for having challenged the provisional approval, and that, furthermore, everything was well done, with all the conformed reports and the most serious, invited the Popular Party spokesman Antonio Bernabé to go to court if he considered that the law was being breached “.
Consequently, the spokesman Bernabé, on behalf of the Popular Group and in order to be certain that the right to political participation was being usurped by having denied them all the information and documents of the files requested, “he had no other option but to file a contentious administrative appeal” against the final approval agreement of the budget modifications number 17 and 18/2019 adopted by the City Council in extraordinary sessions of January 30, 2020, requesting judicial protection in defense of fundamental rights and freedoms to citizen participation in public affairs provided for in article 23.1 of the Spanish Constitution.
The credit modifications of the 2019 budget, now declared void by the Supreme Court, were intended to provide a budget item for a series of investments and works. The PP made eight requests for “specific” access to the administrative files of these investments and works, which, and on several occasions were not made available to it, “violating the fundamental right of access to information and participation in public affairs. “. The files requested were the paving of pedestrian crossings, road signs in the district, reconstruction of the sewage collector, conditioning of the basement in the Plaza de España auditorium, traffic lights at the intersection at Concordia Street and Juan Carlos I Street, acquisition of fences for public roads, laser gun acquisition and replacement of street lighting fixtures.
In the opinion of the PP the sentence “It is clear and decisive. It shows the PSOE-C’s coalition government that once again it runs into reality, giving a blind blow and above all, correcting errors over errorses “. The PP regrets” the absence of transparency and blockade of the mayor and government team (PSOE-C’s) “. And it questions the fact that” since the beginning of the legislature we have not been able to freely exercise our democratic right to access to information, and that we consider necessary for the normal and effective performance of the position, and to be able to carry out with full guarantees a correct control and supervision of the governing bodies. We have had to resort on several occasions to the Sindicatura de Greuges and many others to the Transparency Council. With all these events, it only remains to answer the question that worries us, and that is that they have wanted to cover up something that they do not want to be publicized. ”
Eddie is an Australian news reporter with over 9 years in the industry and has published on Forbes and tech crunch.