The agreement between ERC and PSC in Catalonia to implement a special economic agreement for the region has sparked controversy and opposition from the regional governments of the Popular Party (PP). The agreement would require approval from the Congress of Deputies and modifications to the Organic Law of Financing of the Autonomous Communities (LOFCA). However, the PP-led regional governments and the national leadership of Alberto Núñez Feijóo have announced plans to challenge the agreement in court. They argue that the agreement is unconstitutional and violates the principle of solidarity among territories established in the constitution.
The PP regional governments have expressed indignation over the agreement, claiming that it would harm the funding of public services in their territories and is therefore unconstitutional. They have vowed to pursue legal action at various levels, including the Constitutional Court, the Superior Courts of Justice, the National Court, and the Supreme Court. The President of the Valencian Community, Carlos Mazón, whose region is one of the worst funded autonomous communities, has stated that his government will take all possible legal, social, political, and institutional steps to oppose the initiative.
Carlos Mazón has called on Prime Minister Pedro Sánchez to hold a referendum on a new fiscal agreement for Catalonia, arguing that Sánchez has a moral and political obligation to subject the agreement to the scrutiny of all Spaniards. The PP plans to challenge the legality of the agreement in the Constitutional Court, arguing that it lacks constitutional legitimacy and statutory support, unlike the fiscal arrangements of the Basque Country and Navarra. They claim that a reform of the Organic Law of Financing of the Autonomous Communities would be required to remove Catalonia from the common regime.
The agreement between ERC and PSC is based on articles 204 and 205 of the Catalan Statute, which allow the Generalitat to collect its own taxes while receiving others from the central government. Both parties argue that the agreement is consistent with the statute and the constitution, as it includes provisions for Catalonia to contribute to a solidarity fund to support other regions in providing essential public services such as healthcare and education.
Article 156 of the Constitution emphasizes the principle of solidarity among all Spaniards in the financial autonomy of the autonomous communities. It states that communities may act as delegates or collaborators of the state in tax collection, management, and settlement in accordance with laws and statutes. The legality and implementation of the agreement will likely be decided by the Constitutional Court, as the PP challenges its constitutional and legal validity.
The opposition to the special economic agreement for Catalonia reflects broader political tensions and disagreements over the distribution of resources and the autonomy of regions within Spain. The PP-led regional governments are determined to challenge the agreement in court, arguing that it undermines the solidarity and financial equality among territories established in the constitution. The outcome of this legal battle will have significant implications for the future of fiscal arrangements and regional autonomy in Spain.