The magistrate of the Constitutional Tribunal (TC)
Enrique López has underlined this Wednesday that starting from now there is a
"clear, expressed, overwhelming" and unanimous position of the high
tribunal on the pretenses sovereignty that unfulfilled the legality. (Redundant
sentence because it is clear that all the Catalan pretenses, will be starting
from now outside of the legality according to the TC.) This way, he has explained
that any act that cannot follow those rules of the game has
"consequences" according to the juridical classification.
For it, it is convinced that, if the case arrives who
are legitimated to present resources they will make it and the TC, or the organs
of the Judicial Power will decide. And we all know that any means of
information, union with clean hands, and national political parties, they are
legitimated by the TC, except the Parlament of Catalonia and their politicians
those they cannot make neither political pronouncements.
Before this situation that was already expected by the
society and the political government of Catalonia is evident that the encounter
conditions between Spain and Catalonia have gotten lost, The Catalan president,
Artur Mas, he has affirmed today that will maintain the "process" in
favor of celebrating a sovereignty consultation in Catalonia, in spite of the
"serious", "unnecessary" and "foreseen" sentence
of the Constitutional Tribunal on the declaration of sovereignty of the
Parlament.
In the control session to the Govern, Mas he has
referred this way to the failure of the TC on the declaration of sovereignty of
last January and he has wondered if when emitting this sentence the high
tribunal it really exercises the paper of "referee of all" the
Spaniards, before what the Generalitat will persist in its democratic and “political
challenge”.
The first effect of the resolution against the
declaration sovereignty approved by the Catalan Parliament is its nullity, that
is to say never it has existed for the centuries of the centuries, this way
neither what refers to consider the “Catalan town” as political and sovereign
fellow, onlooker a much older political and social identity that the own Spain
like Kingdom, according to the TC never had existed.
The reality is that the TC has knocked down one of the
key points of the declaration of sovereignty: the proclamation of Catalonia
like a fellow "political and juridical sovereign". This way, every
time is the intention farther of being able to summon a consultation about the
independence inside the legality. The next one April 8 you the Catalan
Parliament's petition will discuss in the Spanish Congress to summon the
self-determination referendum and the president of the Generalitat that it has
given up to defend its plan in the hemicycle, it will harvest a new
defeat.
Anyway as for the right to decide, The Generalitat is
not given had mentioned. Their spokesman, Francesc Homs, already warned
yesterday that the sentence would not alter the plans of the Generalitat
neither it will break the sovereignty process. He won't have any effect",
the consultant of Presidency of the Catalan Executive assured. The Catalan
spokesman assured that it can understand each other as a guarantee to the
negotiation of the consultation that the TC opens the door to the
constitutionality of the "right concept to decide."
For it, one of the roads that propose supposes to
appeal to the article 150.2 of the Constitution so that that imperium is
transferred, just as in its moment it was made with the traffic competitions.
The modification of the Spanish Constitution to allow to the autonomies to
summon this referendums type, but the reality after the performance of the TC
demands an impossible consent in these moments. Rajoy has discarded that now it
is the moment to approach that reformation, in fact because this process would
be contaminated by the Catalan case.
This way the things, the only possibility that the
Catalan Government has left of celebrating a consultation to the margin of the
authorization of the State, is the use of the law of popular consultations that
is about to be approved in the Catalan Parliament. This normative one
establishes the possibility that Catalonia can summon a consultation non
vinculant and without permission of the State. Here it is where the content of
the consultation is decisive, because it is a matter that affects to the
territorial structure of the State in which doesn't have competitions
Catalonia, as much that Catalan law as the hypothetical ordinance of
consultation convocation by means of this normative one are susceptible of
being appealed before the Constitutional one.
In short we will allow some days to pass to see what
conclusions they take from both sides but for a lot I make a mistake or the
only thing that is the unilateral declaration of independence of Catalonia and
to advance this way a pair of years avoiding this way a loss of time with an
incalculable economic and social cost, the definitive action to the one that
without a doubt the situation is pushing on the part of Spain, me personally
the encounter logic, is to think that it is the same one that plays us to make
to the Catalan, the difference it simply rests in that Spain throws toward
inside, and the Catalan should throw toward out.
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