The Council for Statutory Guarantees (CGE) yesterday endorsed the law of the Catalan government consultations pending in the Parliament with a view to organizing the sovereignty referendum of November 9th. The Government of the Generalitat, in the hands of CiU, appreciated the decision of the advisory body “strong case” to call the Catalans to the polls, despite the CGE brought forward its opinion to the minimum of its nine members, issued four separate opinions.
Voted against Pere Jover and Eliseo Aja, appointed at the proposal of the PSC; Marc Carrillo, a proposal from ICV, and Jaume Carles Fernández, PP.
Despite the dissenting votes of its two representatives on the Board of Guarantees, the PSC announced that its members will support the bill when it is voted on in Parliament in September. Organizing Secretary of the Catalan Socialists, Assumpta Escarp, justified it by saying that the CGE “does not endorse in any way the question and holding an illegal referendum.”
According Escarp, the PSC supports the law in Parliament no means to validate the referendum under the terms that the Government puts Mas, but supports that citizens on issues that concern wonder the Generalitat.
But Escarp acknowledged that the opinion contains four votes means that there are particular aspects of the law “who continue to debate and which are not so clear” case of the constitutionality of the use of the standard for calling a sovereigntist query.
In fact, the dissenting opinions agree that the text of the law does not distinguish clearly between “consultation” and “referendum”. So, Pere Jover said their vote that the name “popular consultations not refrendarias” presents substantial characteristics of referendum “as derived from the Constitution and constitutional jurisprudence,” and while acknowledging that the Government is competent to convene consultations means of a referendum, do it deems necessary respecting the framework established by the Constitution and the statute and concluded that the bill “does not respect these constitutional limits.”
Eliseo Aja, the law proposes “a type of mock referendum, which lacks enablement and guarantees required by the Constitution and statute.”
But for the five justices who voted in favor, the rule “does not conflict” with the ultimate foundation of sovereignty recognized in the Constitution, but, on the contrary, “can help reinforce key values constitutional “.
The Catalan Government’s view that “the opinion shows unequivocally that the law is fully constitutional and entirely suited to the statute.” But the PP and Ciutadans believe the decision “weakens” the sovereigntist and does not endorse the query.
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