Consideraciones sobre el buen gobierno desde un análisis de la ley 27/2013, de racionalización y sostenibilidad de la administración local

Abstract

Article 135 CE was object of a polemic reform in September 27th of 2011 in order to obtain budget stability as a truly structural value and as a conditioning of State capability acting, maintenance and development of social State proclaimed by article 1.1 CE and, in the end, citizens present and future prosperity. Furthermore, the prevention of an excessive budgetary deficit is sought and ensure a sustained and lasting convergence of the UE State members economies; Strengthen the reliance in the Spanish economy stability in a middle and short term and grant the economic and social sustainability of the country. In this way, the maximum legal status is given to the principles of financial sustainability and budget stability in a manner that all Administrations actions will be limited to the supreme law in our legal system. In a reform that, to certain sectors, has represented an attempt to the national sovereignty in a dubious constitutional procedure, the truth is UE has imposed duties to return into convergence path from which, truly, we have got away in the last years as a consequence of a high expense financed partly by a Public Administrations progressive indebtedness and covered by control mechanism manifest failure. After apparent bonanza years, it seems that the moment to finish it and to return capital and interests of the contracted debt has arrived with measures as pressing as unpopular in order to reach structural balance and a public debt of 60% per cent of GDP over the course of a transitory period until year 2020. Among them has not escaped Local Administration that has been affected by the mentioned constitutional reform and, its corollary, Organic Law 2/2012, April 27th, of budget stability and financial sustainability. Too much could be argued about the convenience and opportunity of the adopted measures, like on any other legislative initiatives as result of different public policies, as happened in France, for example, where is intended to reduce in a half, from 22 to 11, the regions number and eliminate the so called Department Councils and strengthen in this case the commonwealths. We limit ourselves in the present paper to express the more important items in the local reform in Spain, taking into account the good governance principles also established recently in the Chapter III of Law 19/2013, December 9th, of transparency, public information access and good governance. We record, therefor, of some reasons that make extremely difficult the good governance implementation and its principles that seem endemic problems propitiated not by a lack of legal provision but a generalized principles and values crisis in all levels.