The General Council of the Judiciary (CGPJ) has joined the critics of the Bank of Spain and the National Securities Market Commission, among others, for the rate of 250 euros that financial institutions must assume for each claim they receive in the new Financial Client Defense Authority.
He Plenary session of the CGPJ He also pointed out that the creation of a system for out-of-court dispute resolution between entities and clients invades the space that the Constitution reserves for the Judiciary.
public funds
In addition, he recalled that the draft bill opts for financing the authority exclusively with money public through an income of a tax nature and creates a reference rate with a fixed amount of 250 euros per claim admitted for processing.
The report indicates that the new ‘tax’ of the Government opts for the service provided by the authority to be free for those who claim; on the other hand, it has decided that the financing is public, which is not a European imposition either; and, being public, he wanted it to be with the rate of 250 euros.
The report warns, however, that the rate is configured “in such a way that the precepts on the legal nature are infringed, the passive subject of this class of tribute and the necessary justification of its amount, jeopardizing any of the principles that govern our tax system. A host of problems difficult to solve.
Thus, he points out that, by resembling a kind of tax, for his demand to be legitimate should tax the economic capacity of financial institutions, which is not glimpsed in the circumstance of being forced to participate in a dispute resolution procedure that in no case have legitimacy to urge.
more reviews
He adds that neither is the rate a tribute for tax purposes to cover the cost of a public service, since, if this were the case, the client who presents the claim should also be liable for tax, since he is the one who requests it and benefits from the provision of the service.
It also says that “it would also be necessary to adapt the amount of the bowl to the amount of the claim since it does not seem to make sense that the levy could exceed the amount in dispute”.
Before he CGPJ pronounced on the rate of 250 euros, it had already been criticized by the top officials of the Bank of Spain, the National Securities Market Commission and a good part of the parliamentary groups, especially the PP y VOX.
The Governor of the Bank of Spain, Pablo Hernandez de Cosadvocated requiring the collection of the rate based on the number of claims against an entity and not merely those processed.
Demand 250 euros for each claim, he argued, it can cause any dispute for an amount less than that amount to be accepted by the entity regardless of whether its behavior has been adjusted to the regulations and good practices so as not to incur a greater expense.
conflicts
That, in the end, could generate an increase in conflicts between customers and financial institutions, he warned.
The Ministry of Economic Affairs always defended this rate, until at the beginning of March the vice president Nadia Calvino It was open to negotiating it during the parliamentary process.
Among the amendments submitted to the text, the PP It proposes lowering the rate that financial institutions should pay for each claim from a client from 250 to 100 euros and that half be returned to them in the event that the resolution is favorable to the bank.