The High Court of Justice of the Basque Country has ratified that it is not appropriate to continue demanding COVID aid from more than 100,000 self-employed workers because "the year in which it could be done legally has already ended." In the wake of this ruling, the National Federation of Associations of Self-Employed Workers (ATA) has asked for the claims for these benefits to be considered concluded, which amount to 127 million euros.
According to the ruling of the TSJ of the Basque Country, reported by Economía XXI, the collaborating entity is not legitimized to base itself on "detecting formal omissions" when challenging the correct receipt of those 127 million euros. The Court determines that, in order to call into question the self-employed person's right to the aid, it is essential to have "solid evidence" that proves the existence of fraud.
In this context, ATA has requested that the review proceedings for the extraordinary benefits for cessation of activity during Covid-19 be archived when more than one year has passed since their provisional award and fraud by the beneficiary has not been demonstrated.
Likewise, the organization has demanded that the amounts already collected "unduly" by self-employed workers to whom repayment of the aid was required be returned through review procedures processed outside the established legal deadline.
The self-employed workers' association also demands "clear and definitive" legal certainty, in which the Administration "stops litigating against self-employed workers and considers the benefits closed" once they have fulfilled their purpose "at the most severe moment of our recent economic history."
"If the Administration delays the verification of the files, the broken dish cannot be paid for by self-employed workers who acted in good faith," the president of ATA said in statements to Economía XXI, reported by Europa Press.
From the organization, they emphasize that this Court ruling reinforces the position that ATA has been maintaining for months and that it had already been endorsed by other judicial bodies, such as the Labour Court and the recent ruling of the High Court of Justice of the Basque Country itself.
The errors of the Administration and the role of the Court of Auditors
In this scenario, the National Federation of Associations of Self-Employed Persons has reiterated its respect for the oversight tasks, as long as they are developed "strictly subject" to the rule of law. In this line, it has emphasized that the conclusions of the Court of Auditors "cannot be placed above procedural laws or above the legal system that protects citizens".
ATA argues that the "inefficiency" of the Administration "cannot be paid for by self-employed workers", and directs its criticism at the Court of Auditors for attempting to demand repayments after rulings derived from "deficiencies, a lack of initial control, or delays of more than three years to verify the responsible declarations" by the Administration itself.
Lastly, the Federation insists that the Administration has had sufficient time to review the conditions for granting the aid. Therefore, once the legal deadline has expired, "loading" the assets of more than 100,000 self-employed persons, in ATA's view, amounts to an "irreparable harm to legitimate trust".