Statute Part III

Statute, Part III.

Crespo Patricia Madrid, July 25 .- After the process of discussion and adoption of the Statute and the Constitutional Court ruling now opens a new chapter in the history of Catalan basic rule, which will be necessary to clarify how they can recover the affected parties the decision or what happens to other statutes with similar articles.

One former socialist minister,, buy aion kinah, an expert in constitutional law and a senator from ERC, consulted by , have responded to these and other questions posed four years and three months after the reform of the Statute of Catalonia is approved by the full Congress.

The standard last week returned to the same stage to become one of the protagonists of the, mafia wars items, debate on the state of the nation, and threatens to remain on the front pages of newspapers at least until the elections in Catalonia.

And is that the history of the Statute is unlikely to be never-ending.

THE OTHER 'ESTATUTS' Following the ruling of the TC, one of the questions that arises is what will happen with the other statutes of, GW2 gold, autonomy reforms that include articles or provisions similar to those of his 'brother' catalan.

Former Housing Minister Maria Antonia Trujillo, an expert in constitutional law is quite clear. As the statutes have not been challenged, its provisions continue in force.

However, the bodies authorized to them could lodge an appeal with the Constitutional Court if they are on time. If this is completed, only the possibility that a judge raised a question of unconstitutionality against laws that implement the statute.

In the same terms expressed Professor of Constitutional Law at the UNED Carlos Vidal, who recalls that the verdict on the Statute does not directly affect the validity of the rest, but if the interpretation to be given to the articles of other statutes that are Similarly, in the same line as provided by the Tribunal.

ERC Senator Carles Bonet, meanwhile, believes there is a "nebulous" in this respect and remember that while some claim that the reformed after the Catalan statutes will not be affected, others say yes.

Anyway, they are surprised that the sentence was not "handled the idea of other statutes."

THE LAWS OF DEVELOPMENT STATUS catalan according to government estimates, since the entry into force of the Statute, in August 2006, Parliament adopted 48 laws, some of which may be required to first sentence.

Vidal Trujillo and remark that these rules continue in force and continue "in full force."

To be reviewed and monitoring compliance or not with the Constitution, must be challenged through a constitutional complaint or a question of unconstitutionality raised by a judge to apply a rule of statutory development.

From a political prism, Bonet considers that five or six rules could be affected, but remember that the way of the action, always open if you have not exhausted the term is restricted to the autonomous Parliament, 50 MPs or senators or the Government Spain.

HOW TO RECOVER AS 'DAMAGED'? The Government has been willing to do everything possible to recover parts of the statute affected by the decisionthe Constitution.

For its part, the Catalan president, Jose Montilla, spoke of the ways that would allow such work, as would be the reform of state or devolution, which could be by way of sections 150.1 or 150.2.

Maria Antonia Trujillo said that these items have been used in our democracy to delegate or transfer exclusive jurisdiction of the state to communities, as occurred in 1997 when Jose Maria Aznar Executive transfer to Wales, under the pact with CiU government, the powers execution of the legislation of the State's traffic.

On the organic laws, explains that any rule would be modified by the same range, something that also recalls Vidal.

The professor at the UNED stresses on the use of 150.1 and 150.2, which the Council of State in the report compiled by the last legislature on possible constitutional amendments further advise against using this route to overcome what the Constitution itself had expected.

Bonet recalled here that the parties "damaged" by the sentence can be "fixed" with the organic law reform, but what can not be amended, he says, is "moral damages, remoteness sentimental" that caused the failure of the Catalans.

ERC Senator calls for the former, that changes with "laws, beliefs and political attitudes than" basic aspects such as those on the Catalan language and justice, and also as potential points of 150.2 the track.

? HAVE TO CHANGE THE CONSTITUTION? To Bonet, yes. The objective would be to introduce the "plural sense of diversity, identity of the state." However, Republican Senator warns of the difficulties to undertake changes because the PP is "totally against" and "half" of the PSOE also.

As regards procedural aspects, Trujillo said that there are two kinds of reform: ordinary and aggravated.

A reform in Title VIII would require regular and its approval by three-fifths in each chamber and rrendum if so requested, while if the changes affect the Preliminary Title, where, for example, this Article 2 concerning the nationalities and Spanish regions and the nation, the reform would be aggravated.

In this case, Vidal notes that in addition to a two-thirds majority in both houses-which would require the agreement of the two major parties, "should dissolve the Parliament for the new chambers ratify the decision.

For Vidal, between PSOE and PP can "perfectly" to reform the Constitution, respecting "the requirements of consensus absolutely required."

In any case, Montilla made clear last Wednesday, after meeting with Jose Luis Rodriguez Zapatero in La Moncloa, the reform of "our constitutional structure" should not be addressed now, but when possible, but insisted that no waiver this pathway.

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