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The

Council of State

on the decree law that regulates the management and execution of European funds opens its opinion showing its "concern" about the "manifest insufficiency" of the regulatory impact report that accompanied the draft royal decree law, which "suffers of serious deficiencies in its content ".

And he quotes in a special way: the concurrence of a situation of extraordinary and urgent need is done in generic terms;

nor does it refer to the fact that a good number of the provisions contained in the decree apply exclusively to the public sector and, finally, the requirement of the budgetary impact is not fulfilled since it is "important to preserve rigor in the management of income and public expenses ".

The advisory body warns that if the decree were challenged, the Constitutional Court would undoubtedly admit the claim based on these deficiencies.

Added to all this is the fact that the reports issued by the Delegated Intervention of the General Intervention of the State Administration in the proposing Ministry and by the Office of Coordination and Regulatory Quality have not been incorporated into the file that was sent.

The Council accepts the formula of decree law chosen by the Government to regulate the management and execution of the European Funds but insists that more details are necessary to substantiate the need for urgency, especially for the measures that are included in it and have "vocation of generality".

And it insists, in this sense, on the convenience that the decree-law is subsequently processed as a bill.

It also points out that, given that the decree involves a series of modifications or alterations to the content of other provisions, it may cause inconveniences of "legal certainty".

For this reason, it recommends the revision of said provisions by modifying the corresponding royal decrees.

The Council also makes objections regarding the lack of specification of the scope of application of each of the competency titles included in the royal decree.

The difficulty lies in the fact that the norm incorporates provisions that apply exclusively to the General State Administration and the state public sector and that, therefore, should not be of a basic nature.

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