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Formentera Council appears in court to attest to unique nature of institution

constitucionalFormentera Council president Jaume Ferrer, along with councilor of Economic Affairs and Town Planning Bartomeu Escandell and Council secretary Àngel Navarro, appeared before the Constitutional Court ('el Tribunal Constitucional' in Spanish) in Madrid to present their case in defence of Formentera's legal status as a unique public institution.

The legal challenge presently raised takes issue with two new laws: one numbered 27/2013 and dated 27 December, regarding the rationalisation and sustainability of local public administrations, and the second, numbered 22/2013 and dated 23 December, which concerns the central government's general budget for 2014.

The Formentera Council adopted these measures “because the laws being challenged do not take into account the unique legal status and autonomy of the Formentera public institution, at once consell ('local governing council') and ajuntament ('town hall'),” stated Jaume Ferrer this morning.

In particular, the contested laws stand to periodically affect salary caps imposed upon politicians, “although it was not for this reason that the case was raised,” as Jaume Ferrer explained.

For the Formentera Council president, the legal case is about “not missing an opportunity to defend the unique legal status of Formentera before larger entities of the Spanish state.” Secretary Navarro stated that the laws presently being challenged “must uphold the legal reality established by the Statute of Autonomy in the Balearic Islands. They did not take into account the particular situation of Formentera, which – as both consell insular and ajuntament – represents a special case in Spain, despite taking into account the particularities of the cabildos in the Canary Islands.” Navarro affirmed, “This amounts to a flagrant case of discrimination.”

At the 28 March, 2014 plenary session of the Formentera Council, a proposal was put to vote to formally present legal challenges to the two laws. The measure was ratified by Gent per Formentera, the PSOE and GUIF, with the only abstention coming from the PP. Details on the nature of legal case to be adopted were formalised today.