Neither a parallel query or alternative to suspended by the Constitutional Court, using items from the Catalan law consultations are not challenged by the Government of Mariano Rajoy , and so in effect, you could put up the Generalitat de Catalunya. This consultation would also be contested by the Council of Ministers, as said yesterday the Deputy Prime Minister Soraya Saenz de Santamaria, for whom the use of Title III of the Act consultations, as has shuffled the Government, nor could defend the 9 vote-N .
Santamaría brandished the opinion that the State Council issued on the occasion of the presentation of the constitutional law and the decree of the sovereigntist consultation by the Government . The text states that you can not use those items still in force, as they relate to other types of queries, such as surveys, but in no event involving universal suffrage for the entire electorate, or on matters which fall outside the remit of the Government, according to the statute.
When asked about the possibility that the president of the Generalitat, Artur Mas, may be proposed to make an alternative view to the suspended by the Constitutional Court, the legal under Articles not suspended, Saenz de Santamaria was blunt: “The State Council made it clear that neither can use the title III of the Act consultations, because if used for other purposes which were not provided for in the Act and for matters that were not within their competence, also paved the way for the challenge. “
The State Council said in its opinion that the provisions contained in Title III of the Catalan law Queries” do not allow vice immediately appreciate unconstitutional. ” But he added: “Without prejudice to the procedures that could get promoted to the Constitutional Court if public participation processes should be convened that invoking the legal coverage of Title III of Law 10/2014 of Catalunya, which would alter the structure with the same defined in the law itself, can de Catalunya calling the exercise of suffrage, or that such processes have an object that exceeds the material “limits queries in the Constitution. The same opinion also emphasizes that “the convening of a public participation process that altered the planned structure for the same in Title III of Law 10/2013 of Catalunya, calling the exercise of suffrage, or materials exceeds limits just Indicate, is a matter to be judged in light of the circumstances of the particular case and substantiated, if necessary, through various procedures of the constitutional “. Title III of the Act of Parliament, reminiscent of the opinion, it is applicable to consultations and surveys, public hearings and forums for participation referred to in the statute and in the actual law as forms of public participation processes.
Hence the warning of the Deputy Prime Minister Artur Mas. To Santamaría, the president “should be very aware” that his performance in relation to sovereignty talks Nov. 9 “is contrary to the Constitution, laws and court decisions” and that the government will maintain its position that “will not change”, also before any alternative query that may arise. “We, from steadfastness, by law enforcement and open dialogue as we have always been.”
Warnings at Artur Mas not only arrived yesterday from the table of the Deputy Prime Minister, after the meeting of the Council of Ministers, President of the PP in Catalonia, Alicia Sanchez-Camacho, claimed the president of the Generalitat to “admit its failure to recognize that it can not carry out consultation 9 November self-determination, and resign. “
After attending the celebrations of October 12th, the Government Delegation in Catalonia, Sánchez-Camacho argued that Artur Mas” is in a desperate situation ” which is incapable of running the query. no roadmap, is held by ERC and not sure if you can call early elections. “It’s not the president we deserve the Catalans.” The popular leader of the Catalan Mas demanded publicly recognize that consultation may not celebrate November 9, since that is suspended, and asked him “to explain why the Catalans have been deceived.”
The leader of the Catalan PP spokesman also addressed the CiU in Congress, Josep Antoni Duran Lleida, asking him to stop being “complicit in Mas and the radical Republican Left of Catalonia”, then that the leader of Unio reclamase yesterday the Government and the parties that are part of Proconsulta block they say and whether he will or will not do the query on 9 November, and cleared the doubts of citizens.
Also the interior minister and deputy for Barcelona, Jorge Fernandez Diaz said during the launch of El Prat i Guardia Civil (1863-1936), written by Josep Ferret, that “the law should never see it as a wall prevents the exercise of our freedoms, quite the opposite. ” The minister argued that the compliance is prior and inexcusable for citizens to exercise their rights to freedom status. “No law which dominates is the law of the jungle And this is the law of the strongest, not which is more right. “
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