The Constitutional Court (TC) has given this Wednesday reason to Basque Government in its appeal against Royal Decree regulating programme of activation for employment, which provides for an extraordinary aid of 426 euros for unemployed long-term, and has cancelled Partially because it invades autonomous competitions. However, ruling of High Court "does not affect subsistence and continuation in granting of financial aid", according to sentence, so that those who charged 426 euros will continue to do so. The main difference is that management of benefit will now fall into hands of regional executives.More information
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- DESCARGABLEConsulta here complete sentence
The decree, approved by Council of Ministers in December 2014 after agreement with businessmen and trade unions, attributed to State service of public employment financing, management and payment of this financial aid for unprotected persons, in addition to capacity To recognize or deny right of persons potentially beneficiaries reof. The Basque Government resorted to rule because it considered that invading autonomous powers. In its opinion, management of se aid must be relapsed into Basque Employment Service (Lanbide), since active employment policies were transferred to Euskadi in 2010. The state lawyer argued in defense of competition for central state that aforementioned aid "is an unemployment benefit in field of competition title of economic management of Social security".
But constitutional believes that controversial economic aid fits into concept of labour legislation and its nature is that of a subsidy for promotion of employment and labour insertion, which is a Basque competition. "Contrary to statement by state attorney, we are faced with measures that try to encourage hiring of long-term unemployed under particularly vulnerable conditions, through actions of active employment policies that facilitate His return to labor market, "says constitutional.
Thus, High Court recalls that State should develop basic legislation in this matter, but "cannot ignore that competition for implementation of rules dictated by virtue of State competition on basis and coordination of General planning of economic activity corresponds, in principle, to Autonomous Communities ".
On this basis it concludes that " attribution that regulatory regulation of aforementioned program carries out for Public State Employment Service (SEPE), so that it is responsible for exercising functions of granting and payment of this accompanying economic aid, It should be considered unconstitutional and null, as it corresponds to competence of employment services of Autonomous Communities. "