miércoles, 26 de marzo de 2014

IT IS ALREADY OFFICIAL SPAIN HE GOES TOWARD INSIDE AND CATALUNYA TOWARD OUT


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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