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It is a document that also supports that "if there were no percentages of work execution in the notification of approval of aid, now they can not be demanded", covering a good part of the group of beneficiaries of public aid.
This initiative is in addition to those that are being carried out to solve this issue by the City Council, and on Thursday will have as an immediate example the approval of an extraordinary law by the Regional Assembly at the request of the Mayor.
The Spokesman of the Municipal Executive, Francisco García, has informed that the Mayor of Lorca, Fulgencio Gil, has asked the Legal Council of the Region of Murcia to issue an optional opinion that clarifies what dates should be taken as a reference to determine the prescription of the aid files related to the repair of houses damaged by earthquakes.
This measure is due to the fact that the Mayor of the Municipal Consistory understands that those affected by the earthquakes beneficiaries of public aid are finding orders to initiate the procedure of reimbursement of the subsidy even when the exercise of this action would be prescribed .
The Municipal Spokesman has indicated that from the Consistory also it is considered that, in several cases, there is absence of motivation of the justification of the received aids, which would suppose the nullity of the procedures initiated by defencelessness of the citizens before the violation of the principles in good faith and legitimate trust that should govern relations between Public Administrations.
Francisco García has anticipated that in this request for pronouncement the City Council also refers to the maximum period of execution of the repair works is 12 months from the payment of the aid, and 6 after the completion of the works.
In spite of this, requests have been detected for the reimbursement of subsidies calculated on a maximum reparation period of 12 months and 24 for reconstruction, so that the cases of the works already carried out are not taken into account and the established general terms of works apply. not performed, that is, it establishes a deadline from which to count (Dies a quo) to give the procedure as prescribed the maximum period of 12 months for the execution of works and 6 months for its justification.
We understand that these criteria regarding the deadlines are not adjusted to reality, since the decree that regulates these aids indicated that the citizen had a maximum period of 12 months, and may have carried out the works even before said payment.
The aforementioned decree indicates in relation to the justification that the citizen had 6 months from the end of the works to justify them and, in the case of works already executed, of 3 to count from the notification of the resolution if it had not been done previously. to your concession.
Francisco García has pointed out that the City Council considers regarding the prescription of the refund of the aid that its calculation must be done taking into account the date on which the justification period expires and begin to compute the 4 years for its expiration, therefore subsidy reimbursement actions carried out following this criterion would be prescribed.
The Spokesman of the Municipal Administration has stated that from this City Council reiterates that when in the initial notifications sent to the beneficiaries of these aids did not indicate percentages for the execution of repairs, it is not possible at the time of the justification to introduce new elements , since the justification must be in accordance with the notification.
If no percentages were indicated in the notification of approval of aid, now these requirements can not be demanded, since we would be before the nullity of the actions for violation of the principle of legitimate trust and good faith.
Francisco García stressed that in a possible collision between the principle of administrative legality and legal security, which would include the principles of good faith and legitimate expectations, would prevail even the principle of legal security
We must point out that the City Council supports this request in a Decree of the Mayor, which includes a Legal Report issued by the Director of the Local Government Office, supported by a broad legal doctrine (General Budgetary Law, General Grant Law, different, Decrees Law and judgments of the Supreme Court and the Constitutional Court, and refers in its text to the collaboration agreement between the Consistory and the Regional Government signed for the purpose in 2012. In fact as applicable regulations states:
Law 2/1998, of May 19, of the Legal Council of the Region of Murcia.
Decree 15/1988, of 2 April, by which the Regulation of Organization and Operation of the Legal Council of the Region of Murcia is approved.
Law 7/1985, of April 2, Regulating the Bases of Local Regime.
Law 38/2003, of November 17, General of Subsidies.
Law 40/2015, of October 1, on the Legal Regime of the Public Sector.
Royal Decree 6/2011, of May 13 through which urgent measures are adopted to repair the damage caused by seismic movements that occurred on May 11, 2011 in Lorca, Murcia.
Francisco García has stressed that the Legal Council is an entity created to issue an opinion on all matters that are consulted by the President of the Autonomous Community, the Governing Council, the Councilors, the Regional Assembly and the municipalities of the region through their Mayors .
Source: Ayuntamiento de Lorca
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