Gibraltarian unions could be playing dangerously into Spanish hands

  • Printer friendly view
 Wednesday, May 16, 2018 - 11:29 PANORAMAnewsdesk

Gibraltar must be as weary as ever of the underhand political tactics used by an opportunist Spanish Government that seeks to encroach on Gibraltar’s sovereignty in different forms.

This week it was revealed that Madrid wants Spanish police operating within Gibraltar’s jurisdiction as it tries to make inroads towards control of the isthmus, which it claims is ‘disputed territory’.

But another body that the Gibraltar Government should consider putting under the microscope is the formation of the Southern Inter-Regional Trade Union Council (IRTUC), which includes Unite the Union and the teacher’s union (NASUWT).

Initially IRTUC was the brainchild of the Cross-Frontier Group, made up of business representatives from both sides, but last week the Junta de Andalucía formalised its participation with draft statutes and a cash injection of 30,000 Euros.

The two aforementioned local unions signed an agreement with the Andalucía Chamber of Commerce (CCOO) and the Andalucía General Workers Union (UGT) last year.

But it seems as though the Junta de Andalucía has somehow muscled its way into the group, financed it and then, in turn, proposed its statutes.

It is worth noting that IRTUC falls under the European Grouping of Territorial Cooperation (EGTC) that specifically states that the Member State (i.e. Spain) has ultimate power on decision-making responsibilities.

Furthermore, the registered office must be within a member state, which will be Spain, and any action would not be subjected to the national law of Gibraltar.

“When an EGTC is formed, its convention has to define the objectives and powers of the entity and it is limited by the respective powers of its members under their national law,” the EGTC constitution says. “The law applicable to the interpretation and enforcement of the convention is the law of the Member State where the EGTC has its registered office.”

The regulations also state that, should Spain not be content with any agreement put forward by IRTUC, it can block the activity and even kick members out.

“If an EGTC carries out any activity violating a Member State's provisions on public policy, public security, public health or public morality, or violates the public interest of a Member State, a competent body of that Member State may prohibit such activity on its territory or require those members which have been formed under its law to withdraw from the EGTC unless the EGTC ceases the activity in question,” the constitution says.