The Constitutional Court admits the appeals of Madrid and Galicia against the tax on large fortunes

Once again rejects the precautionary suspension of this tax for assets of more than 3 million euros

MADRID, 18 Abr. (EUROPA PRESS) -

The Constitutional Court (TC) has admitted for processing the appeals presented by the governments of Madrid and Galicia against the temporary solidarity tax on great fortunes -- which taxes the net worth of individuals for an amount greater than 3 million euros --, while confirming its initial decision not to suspend it, denying a second request in this regard from the Andalusian Executive and another from Madrid.

The first regional government to appeal this temporary tax was that of Andalusia, alleging that with the creation of this new tax the State was invading its powers. The Constitutional admitted it on March 21 and then already refused to temporarily suspend it in application of its doctrine, however the Andalusian Board filed an appeal that has been dismissed.

As reported by the TC, the magistrates argue that "the denial of the precautionary measure responds to the manifest lack of legal coverage, in the Organic Law of the Constitutional Court, of a decision to suspend the effectiveness or execution of state laws" .

In this sense, they reason that "the appropriate resolution to deny the request made by the appellant was the ruling, since the meaning of the court's decision was solely to verify, without further ado, the legal impossibility 'a priori' of proceeding in the manner interested by the plaintiff, without there therefore being any possibility of responding to the arguments put forward in favor of its adoption".

At the same time, it has admitted to process the appeals subsequently filed against this same tax by the Madrid and Galician governments, also rejecting the precautionary suspension requested by the head of Isabel Díaz-Ayuso.

Madrid alleges that the new tax could violate, among others, the principles of legal certainty, economic capacity and non-confiscation, as well as the political and financial autonomy of the autonomous communities.