The new waste collection fee and constitutionally recognized local autonomy

Abstract

Waste management poses an increasing challenge for society within the current context
of sustainability and climate change. For this reason, public authorities have, for years,
been implementing policies aimed at the ecological transition, focusing on sustainable development, waste reduction, and the promotion of second-use or recovery initiatives. In Spain, the transition toward a more sustainable waste management model driven by the timelines set by the European Union and currently mandated by Law 7/2022 of April 8, on Waste, Contaminated
Soils, and Circular Economy has become essential in order to meet the objectives
that enable progress toward a circular economy. However, the implementation of a compulsory
local waste collection charge, either in the form of a tax or a non-tax public levy, designed under
the “pay-as-you-throw” principle, has caused significant disruption to the daily operations
of local entities. Moreover, it may even affect their constitutionally recognized local autonomy.