Madrid brings the Foral Law on Public Contracts to the Constitutional
- The Spanish Government brought the law before the summer to the Constitutional Court, which has now approved for the debate. Madrid has questioned four articles of the Foral Law on Public Contracts adopted in 2021.
Initially, the Government of Pedro Sánchez showed its disagreement with fourteen articles, but after dealing with Navarre-State in the Cooperation Committee, agreements were reached in ten articles. The core of the problem is very old and is based on political will rather than regulation; Madrid is making special use of the last decades to empty competences both the Gernika Statute and the Foral Improvement adopted forty years ago.
In principle, the powers of the administrative agreements and concessions lie with Navarre, but they must be developed within the framework of the basic legal structure of the State, which allows the State to establish the legal framework within which the powers should be developed.
The discrepancies focus mainly on two points, one relating to the relationship between legal business and public procurement, and the Foral Government wants to make available to it how many legal services of them. The other is the field of medication, where the Navarro Health Service wants autonomy to buy medications, for example, without taking them to public tender. Madrid says that the pharmaceutical competences are theirs and this is contrary to Law 9/2017. The matter will now be decided by the Constitutional Court.
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