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TC supports most of the statute buts

by admin on Jul.02, 2010, under news

TC supports most of the statute, but cut more symbolic aspects.

Madrid, June 28 .- The Constitutional Court today gave his backing to most of the Statute, to cancel less than ten percent of the provisions challenged by the PP, but has "cut" the text at its most symbolic, as those on the language or the definition of Catalonia as a nation.

"No legal effect interpretation of the rrences in the preamble, sto credits, to the Statute of Wales 'Wales as a nation' and 'national reality of Catalonia,'" said the failure of the ruling in regard to the preamble, a section in which thesis have imposed the court's conservative sector through the support of progressive Manuel Aragon.

The Constitution prevents so declared unconstitutional the definition of Catalonia as a nation, but makes clear that the use of these terms, aika gold, does not have legal consequences, according to sources consulted assertion that the court will be reinforced in the sentence with an explicit rrence to the "indissoluble unity of the Spanish nation, enshrined in the Constitution. "

And the system is finally chosen to take forward the resolution, four votes on so many blocks, has resulted in the formation of separate majorities in each, cheap aion kinah, of them and the victory of conservatives in the chapter of the preamble and the progressives , supported by Guillermo Jimenez, the most moderate of the other sector-in the other three.

Thus, the paper drafted by the president Maria Emilia Casas-the seventh to be presented for consideration of full since the last two and half years began deliberating on the merits of the case, has gone ahead with regard to items that constitutional considerations, which are canceled and those whose validity is conditional on their interpretation of the sentence.

This declared unconstitutional in whole or in part, fourteen articles, and slows down the claims of the Government to declare the "prrred" the Catalan language, have an independent judiciary and expand their taxing powers.

This is the case of Article 6.1 which states that Catalan is the language of use "choice" of public administration and public media in Wales and is also commonly used as the vehicular language and learning in teaching " .

The court saves the condition "vehicle" for the Catalan language, but not their character "choice", and orders to remove the adjective of the Statute.

The development of the Administration of Justice and the Judiciary autonomic autonomous in Wales have not passed the test of the Constitution, which canceled the fourteen precepts includes six related to this matter.

The same has happened to the binding character of the opinions of the Council for Statutory Guarantees or attribution to the Ombudsman of supervision "with unique character" of the activity of the Government, thus invading the Ombudsman's powers.

In the economic chapter, is revoked Cataluna's ability to enact legislation "to establish and control their own taxes from local governments," or that conditions its contribution to state finances as the rest of the Autonomous Communities "conducted also a similar tax effort ".

The ruling also cuts legislative, executive regulations and theStatute gives the Government which are shared with the State.

Also among the 27 provisions whose constitutionality is conditioned upon the interpretation of them in the sentence are strong symbolic aspects, such as those relating to the anthem and flag, the duty to know and use Catalan at different areas and territorial organization " vegueries "in substitution of the provinces.

So, according to the ruling, "are not unconstitutional provided it is interpreted in the terms established" in the sentence on Article 8 of the Statute, which states that "Catalonia is defined as a nationality in Article I, has the flag as a national symbol, the holiday and the anthem. "

It's the same case of Articles 90 and 91.3 and 91.4 on vegueries-territorial division the statute envisions seven instead of the current four provinces, or the number 5 on the historical rights of the Catalan people "in which it is based" self-government of the Autonomous Community.


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