The State, against Catalan non-profit organizations

Yesterday the Generalitat and Catalan not-for-profit organizations were left gobsmacked when Spain’s Supreme Court ruled in favor of the State in a conflict over the 0.7% of income tax revenue earmarked for charities and social purposes. It was a historic claim by Catalan NGOs, who were calling for the money collected in Catalonia by this means to be divided solely among the organizations that operate in Catalonia, as social welfare is a devolved regional power. Last year, for example, 57.6 million euros were collected in Catalonia via the income tax, but only 31.1 million were transferred back by the Spanish central government.

It is easy to imagine what it would mean to be able to share the €26.5 million difference among Catalan organizations such as Arrels (Roots) or the Casal dels Infants (Children's Home) of the Raval. Before yesterday, Spain’s Supreme Court and the Constitutional Court had ruled in favor of Catalonia on 13 occasions. How can this change be explained? It is the result of a legal maneuver by the Spanish government, which passed a decree that changed the concept of social welfare for another, more generic one that allowed it to argue before the Supreme Court that the power now rests with the State and not with the autonomous communities. It is one of the Spanish government's classic ways of proceeding: when it runs up against the justice system, which it has no qualms ignoring if necessary, it is not too late to change the law and tailor it to their own ends. This conduct is sneaky and disloyal and, in this case, it especially harms Catalonia, the autonomous community with most charities and NGOs. But this does not seem to concern the State, on the contrary.

What is especially sad is that, in this battle, Catalan organizations have not received the support of Spain’s NGOs —which will benefit if the system for distributing the resources is centralized— and yesterday they applauded the decision of the Supreme Court. Once again, it is clear that the State, even in areas such as social organizations, prioritizes political criteria and its unitary philosophy above common sense and the principles of efficiency and subsidiarity.