Barcelona – The Generalitat de Catalunya yesterday received the backing of the Board of Statutory Guarantees (CGE) that made public his opinion yesterday supported the law consultations on the government led by Artur Mas intends to legally settle the announcement of the referendum. After hearing the decision, the spokesman of the Government, Francesc Homs, said that “a reading of the opinion of the Consell de Garanties Estatutàries and the judgment of the Constitutional Court on March declaration of sovereignty of Parliament leads to” conclude that there are strong legal arguments so that, once the law is approved consultation, to proceed with the call “9-N.
Catalan Executive spokesman said at a press conference that the query may conclude with “all legal grounds” necessary. He therefore requested the Government of Rajoy “not to hinder the exercise of democracy provided the Spanish legal system.” “I just missing that I should not exercise democracy,” he said.
The advisory body supports the constitutionality of the entire text of the new law of queries that the Parliament expects to approve in September, but with four separate opinions among its nine members.
In its conclusions, considers that the Spanish Constitution and the Catalan statute was not violated. Dissenting opinions have issued the members appointed on the proposal of PSC, ICV-EUiA and PP, while those that have endorsed the law of consultation are three representatives appointed by the two of CiU and ERC.
Homs downplay the fact that four of the nine members of the Consell de Garanties have issued a dissenting vote against the resolution. “There are four separate opinions with colors and different degrees. But it would be wrong to conclude that there are five who think one thing and four other “, Homs, noting that what prevails is what is agreed by the majority, and that the Government have always abided by, it may go for or noted against.
The ruling comes after every game Catalan spectrum, including socialists and Popular , take the text to the Consell in July for it to rule on five articles and the constitutionality of the standard.
Participatory Democracy In his argument on the constitutionality of the law next refrendarias consultations fail, the CGE recovers part of the doctrine that exposed when adopted that currently exists, and finds that the Catalan statute already contains a list that lists instruments of participatory democracy (surveys, public hearings and forums of participation) that are completed with the opening clause “and any other reference tool popular “.
According to the Consell, the literal and systematic interpretation of this provision can argue that, in the type of consultation mechanisms or procedures, have no place “both the regional and local referendum territory” is an understanding that referendum.
It also argues that the statute includes the right of participation in public affairs Catalan in Catalonia and the right to promote the call for public consultations by the Government and local councils, and that the same Spanish Constitution admits that, apart from the formation of political participation that exist, there are “other ways of democratic participation.” – DNA
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