The bombing of the Courtroom of Accounts continues for having dared to place stones within the path of harmony publish pardons (in keeping with Minister Ábalos) by politicians who should not suspected of being notably within the depoliticization of our establishments and within the correct functioning of the “ checks and balances ”patrios. They now uncover, like Captain Renault within the film “Casablanca” that our establishments of management are filled with former politicians associated to the massive events. Who might have suspected. Particularly, within the Courtroom of Accounts sits Margarita Mariscal de Gante, former Minister of Justice with the In style Celebration, who’s the councilor who’s liable for passing the sentence within the case of the procés leaders. She has been within the place for at least 9 years, and was appointed, as ordered by Natural Regulation 2/1982, of Could 12, by the Courtroom of Accounts by a snug majority of three/5 of the Senate together with one other shock , Manuel Aznar López, the brother of the previous Prime Minister. They obtained 222 votes.
It is usually fascinating to notice that supposedly these folks have to satisfy a sequence of necessities that assure their competence to carry out the features of the place. Nonetheless, artwork. 30 of the Natural Regulation by which it was established has been interpreted by our political events with its conventional laxity, in order that, in actuality, virtually anybody with a better diploma and 15 years of expertise can entry the place. The reason being quite simple; the positions in the primary constitutional establishments are merely distributed as stickers among the many majority events. And it has been that means for many years.
Certainly, though the relevant rules require massive majorities in an effort to receive an excellent assist from the candidates and set up suitability necessities, what occurs is that the seats of Administrators are distributed among the many massive events, so that every one, inside of your quota, identify who you assume finest. That’s the reason the a lot vaunted fantasy of the democratic appointment by Congress and Senate is kind of distorted with this distribution system, the place every celebration (or the chief of every celebration, to be extra actual) freely decides who’s going to be the swish or swish after which the corresponding parliamentary majority helps it, since all the pieces has already been agreed upon upfront. Therefore additionally the one the hearings which might be established in some instances to bolster the position of Parliament are a paripé; everybody is aware of that the applicant will probably be appointed sure or sure, regardless of how unsuitable his profile could also be.
That the politicians and the events liable for this state of affairs (the PP and the PSOE with the assist of the nationalists when vital) at the moment are scandalized is an train in cynicism. Merely it’s a mannequin that fits them properly and that limits the management over public funds that’s the goal of an establishment such because the Courtroom of Accounts. In that sense, Gabriel Rufián is true when he denounces that the Courtroom of Accounts has by no means been capable of detect irregular financing of a big celebration, and it’ll not have been resulting from lack of alternatives. The system is designed for that. It’s a pity that you simply overlook to say that the autonomous management establishments equal to the Courtroom of Accounts (the so-called OCEX, Autonomous Exterior Management Our bodies) replicate the state mannequin, to the peace of thoughts of their respective autonomous governments. Catalonia particularly will not be that it stands out exactly due to the energy of its institutional counterweights, somewhat the alternative. In that sense, It doesn’t seem that the exterior auditing physique of the accounts, financial administration and effectivity management of the Generalitat, native entities and the remainder of the general public sector of Catalonia, the Sindicatura de Comptes de Catalunya has displayed a lot zeal in its exercise . And it’ll not have been resulting from lack of alternatives.
In brief, this concern for the independence and professionalism of our constitutional our bodies on the event of the reason for the Procés leaders doesn’t appear very honest. In truth, they are typically far more in favor when they’re in opposition than after they govern. Electoral packages are sometimes crammed with reform proposals to strengthen establishments or to ensure their neutrality and professionalism which might be forgotten as quickly as elections are received. What could also be comprehensible, however overlook one thing important: that the existence of counterpowers and controls is as important part of what’s a rule of legislation and a consultant liberal democracy because the assure of free elections or the plurality of the media, to provide two examples that I believe nobody would query.
Having stated that, in fact, the functioning of the Courtroom of Accounts, as regards the accounting jurisdiction and the remainder of its features, might be vastly improved. However in all probability there’s not a lot curiosity on the a part of our flesh pressers in making it work higher, as a result of this could imply extra and never much less management of Energy and public cash, which by the best way wouldn’t damage the long-suffering taxpayers. What we will count on is enterprise as normal; the delegitimization of a vital establishment and never its reform, adopted by the roughly ingenious technical answer to get out of hassle, as has absolutely been completed on different events, maybe extra discreetly. And, I am afraid, little else.
And no, in different international locations round us, issues do not work that means. If you’re curious, on the Maximabest Basis we did a comparative research of various European audit our bodies just like the Spanish Courtroom of Auditors that we offered to the European Courtroom of Auditors. I nonetheless keep in mind the astonished faces of the attendees and their astonished questions in case they’d not understood it accurately. It was 2015 and since then all the pieces has remained the identical.
Right here you may seek the advice of the research: https://hayderecho.com/wp-content/uploads/2015/10/An%C3%A1lisis-del-funcionamiento-del-Tribunal-de-Cuentas.pdf
A model of this text might be learn in World Chronicle, here.