The Balearic government of Marga Prohens has flagship policies to address the islands’ housing problem and to speed up mechanisms to facilitate the building of homes. Not everyone agrees with these policies. Not everyone believes they are realistic. ‘Twas ever thus. But credit where credit is due; the government is trying.
A snag for Prohens is that the housing emergency decree and the administrative simplification decree were decrees. Urgency is the justification for decrees, rather than face a drawn-out parliamentary process, which does nevertheless have to be followed at some point so that decrees pass into parliamentary legislation.
The Spanish government of Pedro Sánchez has taken exception to these decrees. Not all aspects of the administrative simplification justify an urgent decree. The decree route is not appropriate for provisions of the housing emergency that are town hall planning matters. Unless the two governments can resolve objections, the decrees will end up with the Constitutional Court, meaning suspension until the court rules.
Legislative disagreements between the central government and regional governments are common. Referrals to the Constitutional Court are common. But these are usually because of what is perceived as an invasion of state powers. From what one can make out, the decrees do not imply such a challenge to the state. The objections are fundamentally based on procedure.
Politically, Prohens is playing this for all it’s worth. This is to be expected and who can blame her, for more generally there will be an impression that the invasion is that of politics. If not, then it is the decree procedure that needs simplification.