Repercussions of the reform of the Law Foral 6/1990, of Local Administration of Navarra, by Law Foral 4/2019. The New Local Map

I. The regulation of the Local Administration of the Navarran Community

A) Navarra: Comunidad Autónoma Foral y uniprovincial

The Navarran Community constitutes an absolutely unique case in the territorial organization of the State. As is known, there are several uniprovincial Autonomous Communities (that is the case, in addition to Navarre, the Principality of Asturias, the Balearic Islands, Cantabria, La Rioja, Madrid and the Region of Murcia) and some Foral Deputations (as they are, in addition to Navarra, of the historical territories of Álava, Guipúzcoa and Vizcaya, but it is Navarra, the Navarran Community, the only one that brings together this double condition of the foral territory and of the Uniprovincial Autonomous Community.

Article 46.1 of the Statute of Autonomy of the Navarran Community (Organic Law 13/1982, of 10 August, of Improvement of the Jurisdiction of Navarra-LORAFNA-; EDL 1982/9792) states that:

In the area of Local Administration, they correspond to Navarre:

A) which currently holds (under the provisions of the Law Paccionada of 16 August 1841, in the Royal Decree-law Paccionado of 4 November 1925 and in the complementary arrangements)

b) which, being compatible with the previous ones, may correspond to the Autonomous Communities or to the Provinces, according to the basic legislation of the State. “

The own art. 46 LORAFNA adds, in paragraph 2, that

Without prejudice to the jurisdiction of the Administration of Justice, it is the responsibility of the Provincial Council to control legality and the general interest of the actions of the Municipalities, Councils and Local Entities of Navarra, in accordance with the stipulation of a foral law.

In the same way, section 3 of the same article 46 LORAFNA:

Los Municipios de Navarra gozarán, como mínimo, de la autonomía que, con carácter general, se reconozca a los demás Municipios de la Nación.

Provision which forwards, in terms of autonomy guaranteed constitutionally to local authorities (art. 2.1 LRBRL; EDL 1985/8184), to the arts. 137 and 140 CE (EDL 1978/3879) and the interpretation that, of these precepts, has been carried out by the TC (see, in this sense, the Judgments of N º 32/1981, of 2 of April, EDJ 1981/32; and N º 40/1998, of 19 of February, EDJ 1998/881).

It Is, as I have pointed out, a proprietary competition of historical right that the LORAFNA does not strictly and expressly describes as exclusive. The delimitation of faculties and competencies that are carried out in the LORAFNA do not place to the matter “Local Administration” between those on which Navarra has exclusive competence by virtue of the distribution established in the Constitution (art. 44 LORAFNA) nor those that They correspond under the Foral Regime (arts. 49 and 50 LORAFNA). It Also does Not use article 46 LORAFNA of the terms “full competence” to refer to the matter of Local Administration (as it does in article 47 LORAFNA to refer to teaching).

B. The regulation of the Local Administration of the Navarran Community

The regime of the Local Administration of Navarre is regulated by Law 6/1990, of July 2, of Local Administration-LFALN-(EDL 1990/13970), norm that is dictated with the object of “conjugate the historical peculiarities of the same one with the approaches that They emanate from the new constitutional order, the Organic Law of reintegration and Improvement of the Navarran Foral Regime and the regulating Law of the Bases of the Local Regime, introducing the innovations that, without altering those basic budgets, have been estimated necessary for the achievement of the best fulfillment of the principles of deconcentration, effectiveness and coordination in the management of the public interests that the local Authorities have entrusted “(paragraph 6 of the preamble of the LFALN).

The promulgation of the LFALN is part of the constitutional regime and the competencies which, by historical right, are attributed to Navarre in the Foral regime and are collected in the LORAFNA.

The LFALN regulates the Local Administration Navarre within the framework of the territorial competences according to the established in the Constitution, the LORAFNA and the LRBRL.

The LFALN (as opposed to what happens in the rest of the Autonomous Communities) “organizes its Local Administration according to the provisions of this Foral Law” (art. 1 LFALN) and so contemplated by the LRBRL to dispose that it in it will only be in force as soon as it is not op Onga to the Foral regime.

This is expressly stated in paragraph 1 of the Disp. Adic. 3 ª LRBRL to establish that the LRBRL “will govern in Navarre in what does not oppose the regime that for its local Administration establishes art. 46 LORAFNA” and that “to these effects, the state regulation which, in accordance with the Laws quoted in the aforementioned precept , governed in Navarre, shall be construed as amended by the provisions contained in this LAW. “

In this way, the LFALN orders the private competence of the Foral Community in the matter of local administration and develops the precepts of the LRBRL that result from direct application to Navarre in those matters outside its private competence (as the Penultimate paragraph of the preamble of the LFALN itself), being applicable the state regulation in case of absence of own regulation in matters whose competence corresponds to Navarra.

In this sense, the article 4 LFALN stipulates that the local entities of Navarra will be governed by the norms dictated by the Foral Community in the subjects whose competence corresponds to Navarre according to art. 46 LORAFNA and by those of the own entities dictated in exercise of its Regulatory and self-organization authority (art. 4.1 LFALN), and in the rest of matters for the general provisions for local entities of the rest of the State, regulations (the state) that will be applicable in the defect of the own regulatory law of the Subjects corresponding to Navarre (art. 4.2 LFALN).

The Second Additional provision of Law 27/2013, of 27 December, of rationalization and sustainability of the Local Administration LRSAL-(EDL 2013/248308), determines the regime applicable to Navarre and the competence of the Foral Community to:

1) Decide on the form of services provided in article 26.2 LRBRL.

2) Attributing competences as their own to the municipalities of their territory as well as to the rest of the Local Entities of Navarra (subject to the criteria set out in paragraphs 3, 4 and 5 of article 25 LRBRL).

  1. Exercise of the functions of financial guardianship.

4) to Develop the criteria for calculating the effective cost of the services provided by the Local Authorities of Navarra and receive the communications on this cost (art. 113 ter LRBRL).

5) Determine The total maximum limits of the whole of the remuneration and assistance of the members of the Local Corporations, the eventual staff and the rest of the personnel in the service of the same and their public sector (determination that will attend to the Principles and structure established, where appropriate, by state law.

II. The Law Foral 4/2019, of reform of the Local Administration of Navarre

A) A little history (history of a reform)

The current wording of the LFALN is the result of the different changes that have been introduced in the twenty-five years of the standard, reforms that affecting its different parts and have given rise to the current text:

LFALN Modifications
LF 2/1995, of 10 March, of the Local Haciendas of Navarra (EDL 1995/13311).
LF 4/1999, of 2 March, modification of the LFALN and LFHL (EDL 1999/61046).
LF 15/2002, of 31 May, modification of the LFALN (EDL 2002/19218).
LF 27/2002, of 28 October, of Popular Consultations of Local Scope of Navarra (EDL 2002/43445).
LF 11/2004, of 29 October, for the updating of the local regime of Navarra (EDL 2004/152208).
LF 1/2007, of 14 February, of modification of the LFALN in matters of local contracting (EDL 2007/5129).
LF 7/2010, of 6 April, amending the LFALN for its adaptation to Directive 2006/123/EC on services in the internal market (EDL 2010/25301).
LF 4/2011, of 17 March, of modification of Title VII (Personnel at the service of the local entities of Navarra) of the LFALN (EDL 2011/13830).
LF 4/2013, of 25 February, of modification of Title VI (public Procurement in the local entities of Navarra) of the LFALN (EDL 2013/12965).
LF 11/2013, of 12 March, of modification of the LFALN to establish the delegation of vote of the councillors in the town halls (EDL 2013/22773).
LF 7/2014, of 14 April, of modification of the art. 223 LFALN (EDL 2014/56850).
LF 23/2014, of 16 November, modification of the LFALN (EDL 2014/208007).
LF 25/2017, of December 2, modification of the LFALN (EDL 2014/208010).

Likewise, it is necessary to take into account the regulatory development that in that same period of time has been carried out of the different subjects that are integrated in the LFALN:

Development
DF 278/1990, of 18 October, Regulation of the Territorial delimitation Commission (EDL 1990/19369).
DF 279/1990, of 18 of October, Regulation of development of Foral Law of contestation of acts of Local Entities of Navarra (EDL 1990/16217).
DF 271/1998, of 21 September, Development of the Foral Law of Local Haciendas of Navarra, in matters of budgetary structure (EDL 1998/49508).
Of 415/1991, of 6 June, Procedure for processing and resolution of the reports of deallocation of goods affecting educational functions or services (EDL 1991/415).

It is Also necessary to take into account that the forecast carried out in art. 259 LFALN, in accordance with which they would be regulated in a Regional Law of Local Haciendas as a matter of the local regime of Navarre provided for in article 18.2 LORAFNA, was fulfilled with the Promulgation of the Law Foral 2/1995, of 10 of March, of Local Haciendas of Navarra-LFHLN-(EDL 1995/13311).

Changes that, so far, culminate with the reform carried out by the Law Foral 4/2019, of 4 February (EDL 2019/2275), as a embodiment in the Law of the parcel made in the year 2011 by the Parliament of Navarra to the Government for the presentation of a project of Foral Law proposing a new organization of the then, called “Local map of Navarre”, which has led, in terms of the Preamble of the Law Foral 4/2019 to “substantially modify the main laws regulating our Local administration and it opens, with its approval, a period of elaboration of normative changes that will be concretizing the definitive form of this local reform in all its details “.

B. Local Entities and typology

The reform begins with a change in the essence of the system that affects the entities to which they are recognized the condition of local entities of Navarre that, in addition to the Municipality, will be:

A) The Regions.

B. The Councils.

C. The Community of Bardenas Reales de Navarra, the Community of the Valley of Aezkoa, the Commonwealth of the Valley of Roncal, the University of Valle de Salazar, the Union of Aralar and other corporations of traditional character holders or administrators of communal property Existing to the entry into force of this foral law.

D. The city Councils ‘ communities.

The General planning communities.

Forecast that implies the disappearance of the administrative districts (now replaced by the regions) and of the entities that group several municipalities instituted by law Foral by the Community Foral of Navarra and the groupings of services Administrative and local consortiums (replaced by the general interest community).

On the one hand, it is, as the Preamble of the Law of reform makes clear, to comply with the commitment acquired by the Navarran Community through Agreement of the General Administration of the State-Navarran Regional Cooperation Board of Date 9 of September of 2015 and, on the other hand, to abolish the character as local entities of the groupings of administrative services, whose territorial scope, however, can be taken as reference for the provision of such services by the District Corresponding.

C. On the municipalities

The municipality, as a basic local entity, is affected by its regulation in different aspects, among which it is worth highlighting:

1st. Waiver of the obligation to provide compulsory minimum services. It Provides the new wording of art. 31.3 LFALN that the Government of Navarra will determine the entity that will take over the service under dispensation, in order to guarantee its benefit satisfactorily, being able to attribute its establishment and benefit to the Region.

And that the assistance, legal, economic and technical cooperation, to the municipalities that have obtained the waiver of the obligation to provide the minimum services will correspond to the Government of Navarra or to the corresponding region.

2nd. Abolition of Administrative Districts. The complete content of art. 33 LFALN (precept that remains without content) is abolished in which it was regulated as a system of voluntary grouping of the rural municipalities of less than 5,000 inhabitants in which they could delegate the exercise of all their competences for the Carrying out activities and providing public services.

D) regions (and sub)

  1. Concept and Nature

The Reform introduces, as a local entity of Navarre, to the regions, as a grouping of neighboring municipalities linked by common characteristics and interests (art. 352.1 LFALN) and that are defined as “local territorial entities, of Supramunicipal character, which They have their own juridical personality and they enjoy capacity and autonomy for the fulfillment of their ends “(art. 352.2 LFALN), regions to which the Preamble of the Foral Law itself 4/2019 comes to consider heirs of the forced groupings.

In this sense, are regulated in detail the regions (arts. 352 to 384 LFALN) and, in its bosom, establishes the possibility of “the existence, within the region, of one or two sub when concurring characteristics of social, geographical or administrative Common only to a part of the municipalities of that region, which differentiate them clearly from the rest, but without having to provide them with sufficient quality to constitute an own region “, for which it is necessary that” these municipalities must have Territorial continuity “(art. 369 LFALN), sub to which, in no case, they are recognized the condition of local entities of Navarra.

The process of creation of the regions may begin on the proposal of the municipalities involved or by the Government of Navarre (art. 357 LFALN), creation to be made by foral law that will determine its denomination, territorial scope, Headquarters, economic resources and Competences

2-The Distribution Of The territory

To this end, as a cornerstone of the system initiated when in the year 2011, the Parliament of Navarra approved to entrust to the Government of Navarre the presentation of a draft foral Law proposing a new organization of the then, called “Local map of Navarre “and which leads to the establishment of” a territorial distribution that divides Navarre into twelve regions, taking as its starting point the subzones proposed in its day by the Territorial Strategy of Navarra, although, for its definitive configuration, it is in It counts the will of the municipalities involved, that can present proposals and alternatives, aiming at the end of the process of creation of regions, all the Navarre municipalities are integrated in one of them “.

In the Annexes of the Law Foral 4/2019, the territorial distribution is established which, synthetically, can be summarized in the following table:

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