Coordination as a technique for demanding provincial participation in an autonomous municipal cooperation background (with regard to STC 124/2023, of 26th september)

Abstract

Objectives: To synthesise and examine STC 124/2023, of 26 September, on the compulsory participation of the Valencian regional councils in an autonomous municipal cooperation fund. Methodology: The usual methodology in the legal sciences has been used for a jurisprudential study; that is, a study of the decision, the regulations and relevant doctrinal studies on the subject in question. Results: The Constitutional Court has validated the constitutionality of the declaration of general interest of the assistance and cooperation function of the provincial councils by the Generalitat Valenciana, with the aim of facilitating their obligatory economic participation in the endowment of the municipal cooperation background by means of economic contributions. The discrepancy in the criteria of the judges of the Constitutional Court is shown, with special mention of the dissenting votes cast. Conclusions: STC 124/2023 reveals how coordination has made possible a means of interference in the provincial councils, raising certain doubts about the prospect of respect for provincial autonomy. It does not rule out the possibility that in the future other autonomous communities might consider it appropriate to make compulsory deductions from provincial funds to allocate them to the municipalities located in their territorial area, thus limiting the full availability of their incomes.