TC endorses much of the statute but cut 14 items
Posted on June 28, 2010 by simona
After four years of deliberation, the judges of the Constitutional Court have endorsed most of the statute but have cut 14 items were subject to interpretation and 27 others, in a ruling in which the term nation remains in the preamble make it clear that this has no legal validity and repeatedly pointed out the “indissoluble unity of the Spanish nation, enshrined in the Constitution.” The ruling represents a severe setback for the Catalan state claims “preferred” the Catalan language, have an independent judiciary and expand their taxing powers.
The adoption of the decision in full today by four blocks of variables majorities, it was possible after the chair of TC, María Emilia Casas, introduced at the last minute your paper several modifications in order to attract votes several judges so far reluctant to adopt the text.
Finally, the right has done a voting block preamble, which maintains the term nation-approved by 6 votes to 4 -, articles unconstitutional, which include changes in requirements from -8 to 2 – Articles constitutional, -6 to 4 – and about thirty of items subject to interpretation, that is subject to constitutional interpretation in the sense that marks the paper, also 6-4 -.
Four dissenting judges are drawn Ramon Rodriguez Arribas, Jorge Rodriguez Zapata, Vicente Conde, Javier Delgado, all from the conservative sector.
Thus, the president, with the changes in his paper, has already drawn the support of progressive and conservative Aragón Manuel Guillermo Jimenez, who have joined their votes from your own houses and also progressive Elisa Pérez Vera, Eugeni Gay and Pascual Sala.
According to sources consulted in court, references to the unity of the Spanish nation were included in a ballot which has set the conservative with the backing of progressive Manuel Aragon. That has led to a block later this forward with six votes to four: those of Aragon, Guillermo Jimenez, Ramon Rodriguez Arribas, Jorge Rodriguez Zapata, Javier Delgado Vicente Conde and compared to those of President Maria Emilia Casas, Elisa Pérez Vera, Pascual Sala and Eugeni Gay.
The decision of the plenary to conduct a vote on the resolution of blocks has resulted in majorities in each one of them. Thus, the progressive view, with votes of Aragon and the more moderate conservatives, Guillermo Jimenez, had been imposed in blocks referred to constitutional provisions and those that should be submitted to interpretation. Most clearer took place in the voting on items that are declared unconstitutional, where only Delgado and Rodriguez-Zapata has been unchecked.
Among other aspects, the TC has annulled the use of “choice” of the Catalan government and the public media.
Also, the TC has annulled the Ombudsman to monitor “exclusively” the Generalitat.
The PP submitted its appeal of unconstitutionality against the Statute on July 31, 2006, now almost four years, although the court began deliberating on the merits of the case until early 2008.
Also, the ruling also intends to maintain the Catalan as the language of Catalonia and considers constitutional existing educational model.
Moreover, the deeper cuts that could bring the ruling of TC would be in the field of justice.
It should be noted that some of the items that will be declared unconstitutional, would affect the new statutes of Andalusia and Valencia.