Hi everyone! Merry Christmas!
How do we the last days of 2009? For me there is no complaint, being as I am skiing in the Pyrenees, though the weather was not as it should. Not to be three or four days, that of the mountain come to me I feel fantastic. Do you have any New Year's resolution? Will quitting smoking? FREE list of the gym? It is the time, you know.
Finally, we will as we go. I had told myself I would not write on the item you see in the head for several reasons. The principal is to be be eager to get into a major mess, since it is a very thorny issue in itself, leaving the whole media issue out of it. Neither wanted to write because, to be honest, I have not read either the text of the statute or of the action, so that I know about the topic is based on what I read in the newspaper and what I remember of constitutional law (which yourself silly, 4 years ago I studied). Anyway, finally, as you can see, I decided to throw because I think an issue as important as this should be treated on a blog like you have before you. That said, I throw myself into the adventure.
First things first: What is a Statute? In short, we can say that is the rule governing each Autonomous Region after the establishment (CE). Important things to note: 1) Mechanism for approval: The statutes are approved by law (organic) of the Parliament following the proposal of regional institutions. 2) Content: The laws can only deal with those powers available to them in accordance with the EC.
Like any other law, the statutes are subject to constitutional control exercised by the Constitutional Court (which, incidentally, is 5 minutes from my dorm), if brought before it an application or a question of unconstitutionality. The main function of this court, very briefly, is to ensure "legal hierarchy", ie any law contradicts the EC (if not this dog would pixa) and from a legal point of view has important political function da-men-tal. His appointment and the present situation (of non-renewal, etc ...) can, of course, be criticized, not, in my opinion, the institution itself or its legitimacy to study the constitutionality of the statute. Who else should? The balance between democracy (read the statute approved by referendum) and rules that regulate (ie control of the constitutionality of the TC) is always tricky, and something that should be weighed carefully and after thoughtful debate, even though these words seem contradictory today.
Well, now the purely personal analysis, which will add to the rivers of ink already written about this: Why are so tied to the track? As I see it, the creation of Autonomous Communities by the European Commission left the door open to both a centralized state model as a federalist model, so to speak. Failure to resolve this issue allowed the EC to approve, and everyone was more or less happy. What happened to the statute is that Catalonia has tried to pull the string toward the federalist side and this has not liked anything in certain sectors, throwing them to bring the famous resort. Then of course, the TC has been above that for a brown why: not only has to say if the statute is complying with the EC, but at the same time to solve, once and for all, the question of territorial model Spain. What do I think it will? In January we will see, but it gives me that dodge the issue as best they can, leaving the debate for later.
leaves two thousand matters to discuss, but I think that this is enough to end or beginning of the year (depending on when you go to read this.) This 2010 is durum, including competitions and the (inevitable "?) Secession of Catalonia will certainly cut fabric on the blog ...
Until then ... Happy 2010!
Pyrenean Hugs!
0 comments:
Post a Comment