The president of the Fegamp believes that the ‘Montoro Law’ has taken the policy "to the asburdo"

Defends the “very good health” of the economy of the municipalities and criticizes the Diputación de Ourense for not distributing funds in an “objective” way.

The president of the Galician Federation of Municipalities and Provinces (Fegamp), Alfredo García, has harshly charged the law for the rationalization and sustainability of the local Administration, known as the ‘Montoro Law’, a regulation that, in his opinion, has led to politics “to the absurd”.

In an interview this Sunday on Radio Nacional collected by Europa Press, the mayor of O Barco (Ourense) has indicated that this regulation has upset the way to manage resources in the municipalities, based on “go slowly”, “not inflate the budgets artificially “and, once the accounts are settled at the end of the year, act with the so-called” remnants “(money left over from the previous year) as of the month of May.

“We keep doing that, but what happens is that Mr. (Cristobal) Montoro comes and says: that money in the bank, in the bank they do not give me anything, I do not receive any remuneration, I can not provide services. bank and we can not solve the problems. “The absurd,” has influenced the socialist.

Thus, he has argued that this model of acting based on “the certainty of income that goes into cash” has worked “all of life” and that was the reason why most of the municipalities closed the year “positive”. “We were certain that we managed well,” he added.

Despite acknowledging that “there were abuses” by municipalities that administered “wrong”, Garcia criticizes the spending law to establish that “nobody” can “spend anything.” “You can not spend the one you cannot spend, but the one that pays suppliers, has a small debt, complies with the stability law, why not spend what is left over?” He asked.

“THE POLICY HAS COME TO THE ABSURD”

Garcia has indicated that, over the years, municipalities have been assuming powers to try to solve “the problems that nobody solved” that arose from their neighbors, who have, as you remember, the local as the closest administration.

“We were gathering competences in services for which we did not have competences, above all, now the central government comes to tell us what we do by providing services for which we are not competent, politics has reached absurdity,” he lamented.

THE “VERY GOOD HEALTH” OF THE TOWN HALLS

Questioned on the situation that the municipalities are going through economically, Alfredo García has indicated that they enjoy “very good health”, although there may be “some exception” such as the case of the municipality of Os Blancos (Ourense), which has had to be intervened by the deputation.

Regarding the relationship between the councils and municipalities, has urged the Provincial de Ourense to follow in the footsteps of other provincial governments in Galicia, where it has opted for “a new model” to ensure the distribution of funds “with objective criteria ”

REQUESTS RESOURCES TO APPLY THE ANIMAL WELFARE LAW

On the other hand, Alfredo Garcia has also taken advantage of the interview on Sunday to claim that the Regional Law on animal welfare and protection – which comes into force in the coming days – comes accompanied by a budget for the municipalities, as these will be the ones in charge of putting “more money” for its application since they are the owners of the majority of animal reception centers.

“Any service or service transferred to municipalities has to be accompanied by the corresponding economic endowment,” said García, who has argued that the new regulations restrict the slaughter of animals so that the population of shelters will grow with the consequent increase in management cost for its holders.

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Board asks the Government to comply with the funding in Dependency to which the law requires and that the finalist

The Committee of Experts must prepare a report in three months and the PSOE wants it to include 50-50 financing

The Minister of Equality and Social Policies of the Junta de Andalucía, María José Sánchez Rubio, defended this Thursday, in the constituent meeting of the Commission for the Analysis of the Situation of the Dependency System, that the new model of regional financing for the Unit must include that the central government pays 50 percent, which is what the law establishes, and that, in addition, that financing is “finalist” and “conditioned” to the services and benefits of the Dependency.

This is what the Andalusian official said in statements to journalists in Madrid, where she has participated in the constitution of this expert commission. Surrounded by his counterparts of Aragon and Asturias, Sánchez Rubio has indicated that this body that is now starting will be given a period of three months to make a final report that, in the opinion of the socialist communities, must establish “three fundamental aspects”.

These three points are to guarantee 50 percent of funding by the State and that it is a finalist and go exclusively to Dependency, “since it is the only way to ensure the real application of funds for the care of dependence” ; recover benefits and services and recover Social Security for carers, who are mostly women.

The Andalusian official has said that the community serves 288,000 dependents, with an investment of more than 1,100 million euros, of which more than 80 percent is set by the Board “a lung” despite the fact that the law says that financing must be 50-50 between regional administration and State.

It should be noted that Andalusia was the autonomous community that took the initiative to promote the debate in the Conference of Presidents so that the attention to the dependence is included in the regional financing model in order to avoid arbitrary situations between the different regions. In addition, the Andalusian Government has called for a national agreement that guarantees the sustainability, development, and financing by the Public Administrations of the Autonomy and Dependency Care System.

Therefore, the demand of Andalusia to the Government of Spain is “that in the General Budgets of the State of 2017 the agreed level valid in 2011 for our autonomous community, and that Decree-Law 20/2012, of 13 July and, therefore, replenish 13 percent of the minimum level per beneficiary person, “stressed the counselor.

Sanchez Rubio has detailed that from the Law of General Budgets of the State for the year 2012, the agreed level was suspended in its application without it has been restored. The amount of the last year in which this level was applied, amounted to 283 million euros in the autonomous communities.

As for the minimum level, the cut measures implemented from the Decree-Law supposed a “direct reduction” of its amount by 13 percent. This has meant that the state financing in relation to the expenditure incurred in terms of Autonomy and Dependency is already in 2016 by 17 percent. “This has led to an accumulated loss in this legislature of more than 3,500 million euros in Spain, more than 508 in Andalusia,” denounced the counselor.

He also recalled that “if the Government of the Nation contributed the funding that corresponds by law, Andalusia could serve 105,000 more people, according to the Observatory of the Dependency”.

PLAN TO MITIGATE THE CUTS

In addition, the head of social policies in Andalusia has advanced that “to mitigate the effects of these brutal cuts of the central government in terms of dependency”, the Andalusian Government will shortly approve a plan that aims to advance the attention to this dependent without recognized benefit and in the reduction of response times in this area. This plan will allow serving 230,000 people in Andalusia at the end of this year.

In the last two years, Andalusia has incorporated some 70,000 beneficiaries (with a net growth of more than 20,600 people) with 93,000 new services, and more than 134,000 new assessments and reviews have been carried out.

In the budgets of 2017 a total of 1,181 million euros is recorded, 2.5 percent more than in 2016, for the development of the Dependency Law, an amount similar to that which the central government destines for all of Spain (1,250 million ). The commitment of the Junta de Andalucía is that this increase will continue until reaching 10% accumulated throughout the term.

Since the implementation of the Dependency Law ten years ago, the Andalusian Government has invested more than 10 billion euros in the care of more than 371,600 people, who have benefited from 488,300 benefits.

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The new law will end the abusive clauses, but what are the ones signed until today?

  • The Senate approves this week the bill to strengthen the protection of mortgage debtors, debt restructuring and social rent.
  • The judge may assess an abusive clause and decree its inadmissibility.
  • The magistrate who raised these clauses before Europe considers that the problem is the victims who can not benefit from the elimination.

The Senate Plenary will debate on Wednesday the law of measures to reinforce the protection of mortgage debtors, debt restructuring and social rent, a norm that will be approved thanks to the majority of the PP. In the parliamentary debate, there were 3 veto proposals – PSOE and Entesa (PSC and ICV) – and 275 amendments, presented by PSOE, CiU, PNV, Entesa and Grupo Mixto. The PP did not admit any.

Among the novelties that have been introduced in the standard during its processing in Congress is, as a result of the recent ruling of the Court of Justice of the European Union, the modification of the executive procedure so that the judge can paralyze executions if it detects abusive clauses.

From now on, ex officio or at the request of a party, the competent judicial body may assess the existence of abusive clauses in the enforcement order and, as a consequence, decree the inadmissibility of the execution or, where appropriate, its continuation without application of those considered abusive.

The text also states that, in order to strengthen the protection of the mortgagor in the extrajudicial sale, the notary may advise the parties if there is any clause that could be considered abusive.

It can be said that in the immediate future the mortgaged will be protected against the “excesses” of the banks, but what about those who have already been harmed? As explained by the head of the Commercial Court 3 of Barcelona, José María Fernández Seijo, in the medium term this type of clauses will be eliminated, but the problem now is the number of victims who will not be able to benefit from this elimination.

The banks abused the citizens and did not sufficiently inform the clauses In an interview in Catalunya Ràdio, the judge who raised the issue of abusive clauses to the European Justice, has ensured that between 2000 and 2009 the banks abused citizenship and not they reported “sufficiently” the type of clauses that would be applied to them, reason why it has considered that all should be annulled.

According to Fernández Seijo, in a month there have been more than 300 claims against the land clauses of the mortgages of the same entity in Barcelona. Even before the Spanish law says so, the magistrate has urged that the judges that detect an abusive clause of interests paralyze and eliminate it, as dictated by the judgment of the Court of Justice of the European Union.

The judge demands a second-chance rule for those mortgaged who can not cope with the debt, in the same way, that most European countries have for more than 30 years, and that allows those affected to return to normal of consumption, after making an effort “.

Changing the mortgage law

Since the PP has resigned to present in the Senate partial amendments to the bill Measures to strengthen the protection of mortgage debtors, debt restructuring and social rent, the rule may be approved definitively this week, without having to pass again for the Congress.

The processing of the law in Congress has lasted for five months, since November 15, 2012, the Government approved the decree law of Protection of Mortgagors that was approved in Congress on April 18.

In addition, the European Union prepares a community directive on mortgage loans with which it seeks to ensure a greater and more effective protection to the mortgagor by eliminating the abusive clauses in the contracts. The future text must still be approved by the full Parliament and by the Member States, which will have two years to incorporate it into their legislation.

  • The SenateImage of the interior of the senate. (EUROPA PRESS)”> The Senate
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Law firms prepare the artillery for the reform of the Euribor

After the preferential or ground clauses, the law firms already think of a new front

  • It is expected that the new calculation of the Euribor will enter into force in mid-2017
  • Experts warn that it may lead to new litigation

euribor 3

The law offices are grown. The judges are giving the reason to banking clients in financial cases and nurturing the business of the most belligerent law firms. With this road wide open, they already think about how to continue exploiting it. And they see a new opportunity on the horizon: the reform of the Euribor calculation.

The Euribor is at historic lows

In an environment in which the Euribor is at historic lows, the new calculation methodology of the index on which the European Monetary Markets Institute ( EMMI) is already working can lead to a battle between banking entities and customers. “It can even reach the courts,” says Juan Ignacio Navas, partner-director of the Navas & Cusí law firm.

The problems will be “obvious” and “the judicial importance very important,” the expert emphasizes since individual actions against banks are legally recognized. Customers with variable-rate mortgages that see how the index is increasing may think that the increases are due to this new calculation, an association that can serve as another wave of complaints.

This aspect seems key, especially since the entry into force of the new calculation, scheduled for mid-2017, may coincide with the start of the Euribor rise. And although this shift would also occur with the current calculation formula can trigger a new controversy to occur at the same time as the arrival of the new calculation.

In this sense, Ignacio Benejam and Juan Manuel de Castro, partners in the procedural area of RCD – Rousaud Costas Durán, consider that the “real” relevant will be if the new method of calculation increases or reduces the price of the loan with respect to the current calculation method.

For Navas, the regulations that have been established to follow “very diffuse” lines and the way to calculate it is “generic”. The bank is responsible for transmitting the data and from there proceeds to the calculation, so that financial institutions “come out with an advantage”.

In addition, Navas believes that the proposed methodology “will not improve much” the index. In his opinion, it is necessary to establish ” more strict criteria to make it more transparent “.

The index is calculated from the data shown by the bank’s panel entities of the Euribor

In the same line, from Arriaga Associates believe that “little, or very little, is known about the changes in the calculation parameters that will be used”. The experts of the firm to highlight the “transparency of the new calculation”, but they say that “it will harm the consumer”. Specifically, they explain that when using real data for its calculation, the index “must go up”, since “no bank pays interest for leaving money”.

For José Manuel Marín Granada, a lawyer at the Marín Law Firm, “the search for transparency is achieved”. Specifically, the expert underlines that in the current formula of calculating the Euribor there is the possibility of manipulating it, as occurred between 2005 and 2009 by some entities, but the implementation of this new methodology is carried out precisely “for avoiding it. ”

To do this, introduce a key novelty. Now, the Euribor is calculated from the data shown by the entities that are part of the Euribor bank panel. These data reflect the interest to which they are willing to lend money to other banks for a period of 12 months. That is, it is based on intentions, not real operations data. In the new methodology, the Euribor will be calculated from the data obtained in the real operations that do occur in the market. With this change, EMMI wants to give the calculation more transparency, solidity, and representativeness. And, above all, it wants to put an end to the suspicions surrounding the calculation of the index.

SOON TO ADVANCE CONCLUSIONS

At the moment, all the experts with whom ‘Bolsamania’ have had the opportunity to speak agree that it is too early to issue verdicts and it is difficult to advance conclusions. Arriaga Asociados believes that the overlap of this new methodology in the sense of its application in the already subscribed loans must be known.

Thus, experts from the law firm clarify that until the repercussions are known, “it is difficult to venture into a possible claim and the outcome of it.” However, they do affirm that ” if the rights of the consumers are violated, it would be perfectly possible to claim a judgment and therefore, it would be feasible”.

Experts agree that it is ready to issue verdicts

In the same vein, Benejam and Castro do not rule out consumer demands that consider the new method to be “a condition different from the one agreed upon and not accepted by them.” “The change of calculation of the Euribor may lead to new litigation if both the mortgaged and the companies that have made operations based on the Euribor feel handicapped by the new calculation”, warns Pau Monserrat, an expert in financial products of iAhorro and Future legal.

Although for the lawyers of RCD – Rousaud Costas Durán the “great difficulty” will be to demonstrate that the new calculation has supposed an increase of the type of interest with respect to which they would have if the method continued being the previous one.

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Rajoy limits the dialogue to "financing and self-government" within the framework of the law

  • The president rejects the mediation for Catalonia and reminds the independence movement that “their reasons and their supporters are not true”
  • Follow the latest news about the declaration of independence of Catalonia life

Rajoy limits the dialogue to "financing and self-government" within the framework of the law

Mariano Rajoy offers Carles Puigdemont the possibility of “dialogue about public services, financing, self-government, solidarity, and accountability”. The Spanish president has assured this afternoon in the Congress, where he has appeared at his own request, that “the framework of coexistence within the framework of existing organizations can be improved”.

It is the offer that the Government sends to the Generalitat. An offer that goes through the “return to legality” of Puigdemont, who yesterday declared the independence of Catalonia, but then suspended it. A gesture that has not been understood. For that reason, Rajoy sent this morning a request to the president of the Generalitat in which he asks him to “clarify” whether he has declared independence or not.

Support from the PSOE and Citizens

Rajoy has not given a deadline but will wait patiently for the answer, it is possible that for five days. Then, if Puigdemont refuses to return to legality, the Spanish president will apply Article 155 of the Constitution and suspend the autonomy of Catalonia. Account for that plan with the support of the PSOE and Citizens.

The president has explained all this in his speech in which her echazado “mediation” has requested the Government of the Generalitat. “There is no possible mediation between the democratic law and disobedience or illegality,” he was sentenced after thanking “the good intention” of the mediators who have offered during these days.

But in addition to offering dialogue and discarding mediation, Rajoy has not avoided highlighting the “serious moment that Spanish democracy is going through” and has not been spared pointing to the independence movement as guilty of the situation: “The rulers of Catalonia have used their position to carry out an unfair attack against the Constitution, the Statute and coexistence. ”

The Prime Minister also regretted that the “companies are leaving Catalonia because of the independence movement” and reminded the separatists that “they can not impose themselves,” because “their reasons and their supporters are not true”.

“Prudence”

He also insisted that on October 1 there was no referendum for missing ballots, minutes, notifications, electoral census, census cards or auditors “The result was written in advance,” Rajoy has said after recalling that in many populations there were “more votes what inhabitants. ”

Rajoy has tried to maintain “prudence” throughout this process, but on October 1, the Government sent the police and the Civil Guard to close the polling stations. The image of the day was not good for the Executive. Rajoy has acknowledged that “no one can feel happy about the 1-O, or the image that was given, or the gross manipulations against the Police and Civil Guard” and has pointed out as “guilty to those who were determined to keep that query”.

Appeal to moderate nationalism

And he also wanted to express his “gratitude” to those who “have fulfilled their duty in defense of the common good, judges, prosecutors, police or civil guard”, who “have performed their work with dedication and professionalism”, he assured that some agents have suffered from being thrown out of the Catalan hotels where they were staying.

After making clear that “no president could break Spain because no one can skip article 2 of the Constitution,” the president has insisted that independence “is not peaceful, is not free and has very high costs” and after making the umpteenth call for the Generalitat “return to legality” has appealed to the “moderate and practice” nationalism, which in its day represented CiU, so that with its return to the political scene begin to “close wounds.”

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