The Consell de Garanties Estatutàries de Catalunya has endorsed the proposed Chambers law, including the scheme of the silver seats, those board positions reserved for the companies that contribute the most money to the entities. These had been the focus of controversy due to their reservation, which led in July to the Comuns and the CUP requesting an opinion from the Consell regarding this chapter and two others, focused on their representation and their role in vocational training (FP). The advisory body sees the entirety as compliant with the framework of the Statute and the Spanish Constitution. The law is being processed in the Parliament, which is inactive until the end of September.
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In a unanimous opinion released today, the Consell recognizes as valid both the reservation of a specific part of the board positions – something also contemplated in the state law – and the participation of those who occupy them in the election of the presidency and the executive committee.
The Consell points out that the proposed law includes several ways to elect the board members: a minimum of two-thirds by free, equal, direct, and secret suffrage; a second group – up to 10% – of people of prestige in the economic life of the territorial area of the chamber, elected by the previous board members; and a third group “corresponding to the companies with the highest voluntary contribution.” In other words, they represent a smaller part: the Consell sees it as “especially relevant” that at least two-thirds of the plenary be elected by suffrage, which “guarantees” that it responds to the will of the entire business census and that there is “plural and balanced participation,” as stated in a note. Thus, principles of equality or democracy are not violated.
Recently, the Barcelona Chamber of Commerce approved increasing the silver seats in the entity from 2 to 10, which has a total of about sixty seats. It passed in a very close vote, which was overturned by President Josep Santacreu, with opposition from Pimec and Eines de País. In their case, after the modification, 44 are elected by suffrage. The Consell understands that one of the purposes of greater representation is linked to the sustainability of the chambers’ finances. In an interview with La Vanguardia a few weeks ago, Santacreu defended the silver seats and their expansion for allowing “adjusting the representativeness of the different types of companies in the plenary to the economic reality,” with more weight for large companies.
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The Chambers law, developed by the chambers themselves and which has caused clashes between the Barcelona Chamber and the employers’ association Pimec, has been stalled for a decade without reaching Parliament. A vote was scheduled last July, but the referral to the Consell de Garanties left it pending. The parliamentary process could resume with the restart of its activity at the end of September.
Representation and FP, also valid
Apart from the silver seats, the Consell also endorses the participation of the chambers in administrative, public, and public-private bodies and areas. It is limited to those dealing with commerce, industry, services, or navigation, without this going against the representation of unions and employers’ associations, as in social dialogue tables, which had caused clashes with Pimec. It also sees it appropriate that they be consulted on public policies that affect them. In any case, it notes that sectoral regulations can further specify this section.
Finally, the participation of the chambers in vocational training and dual FP, as well as in the recognition of professional competencies acquired through work experience, is endorsed. This was another of the issues raised to the Consell, which cites constitutional jurisprudence to highlight that the chambers contribute to training and readapting professionals and to labor promotion. In this section, it also does not believe there is a conflict with functions carried out by unions or employers’ associations.
