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The Spanish law does not contemplate a control of the suitability of the high positions

Avoid cases like Màxim Huerta depends on the will of the proposed to a charge

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The Spanish law does not contemplate a control of the suitability of the high positions

Avoid cases such as Màxim Huerta, named Minister of Culture and Sport before transcend who let tax agency down, depends on people who are proposed to be high office. Neir transparency and Good Governance Act nor regulatory rules for exercise of high office have a thorough control of suitability for post. In se legal texts, numerous assumptions about incompatibilities are collected, and requirement to provide patrimonial and fiscal information for periodic review is explicit. However, Declaration on absence of causes affecting honorability is sole responsibility of appointee. As a result, it depends on wher your past is adjusted to image a public representative should give.

More information
  • Màxim Huerta used a company to defraud Hacienda
  • What Màxim Huerta said about defrauding Treasury before being a minister
  • All news about Huerta case, live

"It is assumed that one who appoints you has already done timely checks, but law does not envisage a procedure or a mechanism for pre-checking requirements," summarizes Andrés Betancor, professor of administrative law. "And once appointed, control remains in hands of a minimum organisational level, Director General of Office of Conflicts of interest", continues on person who must monitor veracity of data of his superiors. "Anyway, law should not deal with se things. When y come to this, something is socially flawed. In Anglo-Saxon countries this is also not legally regulated, but it is part of moral self-demands of each one. "

"The high office must sign a responsible statement in which it will demonstrate, under its responsibility, that it complies with requirements of suitability for being appointed high office, especially absence of any causes that impede required honorability and Veracity of data supplied, which provides, when it is susceptible, of documentation that accredits it, and that is committed to maintain its fulfillment during period of time that occupies position ", collects regulating law of exercise of high Charge of General administration of state.

Thus, regulation left to choice of orchard to consider if conviction to pay to tax agency a total of 365,939 euros for using an interposed company to pay less taxes between 2006 and 2008 affected or not "to required honorability". The journalist and television presenter was sentenced to pay that penalty by Regional administrative economic Tribunal of Madrid in November 2014, before he was appointed Minister of Culture in cabinet of Pedro Sánchez, as he advanced this morning Confidential.

For its part, government argues that it did not know that information, but apparently did nothing to thoroughly check minister's past. Huerta is also independent and has not been subject to audit work carried out by most Parties and public institutions on heritage, finances and curriculum of its members.

Situations that prevent high-level positions

Situations that prevent you from meeting requirement to hold a high office, according to applicable law.

A. Convicted of a firm sentence of imprisonment until sentence has been fulfilled.

Convicted by a firm judgement by Commission on Falsehood offences; Against freedom; Against patrimony and socioeconomic order, Constitution, institutions of State, administration of justice, public administration, international community; of treason and against peace or independence of State and relating to national defence; and against public order, especially terrorism, until criminal record has been cancelled.

C. The disabled in accordance with law 22/2003, of 9 July, bankruptcy until period of debarment fixed in qualification judgement of contest has been completed.

D. The disabled or suspended for employment or public office, for duration of penalty, in terms provided for in penal and administrative legislation.

e) Those sanctioned by Commission of a very serious infringement in accordance with provisions of law 19/2013, of 9 December, of transparency, access to public information and good governance, during period set out in sanctioning resolution.


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