Nature of “on-the-spot checks” in the execution of the common agrarian policy. Regarding the judgement of the Superior Court of Justice of Andalusia (TSJA) of February 14, 2013

Abstract

The execution of the Política Agraria Común (Common Agricultural Policy) by the Comunidades Autónomas (Autonomous Communities), forces them to carry out tasks of control over the subsidized cultivations. The cancellation of the control tasks entails important financial deductions in the contribution of the European Union for the funding of such economic helps. This is the context in which the Sentence of the Tribunal Superior de Justicia de Andalucía (the Supreme Court of Justice of Andalusia), in Seville, on the 14th of February 2013, is situated. In it, the control of the land exercised by employees on a group contract basis of a public company is declared null and void, because it is understood that such exercise would entail having an administrative power over the control of the subsidies. This article defends the nature of the field control, seen as a support action, or a collaboration previous to the exercise of public powers attainable by employees, and it recognizes a strong proving role to such controls.