Catalan Estatute

Sorry for the Google's English (translated from viquipèdia)

The Statute of Autonomy is the basic institutional norm of Catalonia under the provisions of title eight of the Spanish Constitution of 1978.

The Catalan Parliament approved on 30 September 2005 the proposed new Statute of Autonomy, which was accepted for processing by the Congress of Deputies on 2 November 2005. Was approved in May 2006 by the Spanish Parliament after a substantial modification was approved in a referendum by the people of Catalonia on 18 June 2006. It is valid from 9 August 2006.

Called also informally Statut de Miravet because it was in Miravet Miravet at the Ebro basin where they met Catalan parliamentarians from all parties to pull it forward at an early stage. However, some detractors call the Moncloa Statute, because it was where they agreed the final version of the text to amend the text adopted in the Parliament of Catalonia.
Contents
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* 1 Structure
* 2 Content preceding sentence of CW
or 2.1 Symbols and representative aspects
or 2.2 Rights, obligations and governing principles
2.3 or self-government institutions
2.4 The judiciary and
or 2.5 Competencies
or 2.6 The financing
* 3 Approval Process
or 3.1 Proposed Reform of the Parliament of Catalonia
or 3.2 Adoption of the final text to the Parliament of Spain
or 3.3 final ratification by referendum
* 4 to the Constitutional Court Resources
or 4.1 Background
or 4.2 Resolution
Articles 4.3 or unconstitutional
Articles 4.4 and subject to interpretation
or 4.5 10-J Demonstration
* 5 Chronology
Press * 6
* 7 References
* 8 Bibliography
* 9 See also
* 10 External links

[Change] Structure

* Preamble
* Preliminary Title (art. 1-14)
* Title I. Rights, obligations and governing principles (5 chapters / art. 15 - 54)
* Part II: Institutions (7 chapters / art. 55 - 94)
* Part III: Judicial power in Catalonia (3 chapters / art. 95 to 109)
* Part IV: Powers (2 chapters / art. 110 to 173)
* Part V: Institutional relations of the Government (3 chapters / art. 174 to 200)
* Part VI: Funding of the Genralitat (3 chapters / art. 201 to 221)
* Title VII: Reform of the Statute (art. 222-223)
* Additional Provisions (15 requirements)
* Transitional Provisions (2 requirements)
* Provision Repeal (1 rule)
* Final Provisions (4 requirements)

[Change] Content preceding sentence of CW
[Change] Symbols and representative aspects

The news regarding the status of autonomy earlier in the chapter on symbolism and representative features of the Catalan people, focusing on three themes: national, language and historical rights.

About the national character of Catalonia, has introduced a reference in the preamble, which indirectly determines their existence, even considering that the Parliament of Catalonia has defined Catalonia as a nation so widely majority. In addition, the declaration is supplemented with the statement that responds to the feeling and the will of the Catalans. Therefore, it explicitly recognizes the nature of "national reality", although the Spanish Constitution is described as "nationality". This was a precept of the reforms undertaken by the Spanish Cortes, since the project approved on 30 September 2005 by the Catalan parliament included the proclamation of the nation's Article 8.
"Excerpt from the Preamble
The Parliament of Catalonia, collecting the feeling and the will of the citizens of Catalonia has defined Catalonia as a nation so widely majority. The Spanish Constitution, in the second article, recognizes the national reality of Catalonia as a nationality. »

So, following this provision is raised controversy among some sectors of Spanish before the possible unconstitutionality of the preamble to contravene Article 2 of the Spanish Constitution, the exposed "the indissoluble unity of the Spanish nation, common and indivisible part of all Spaniards, "all augurs a statement of intent secessionists in the new constitutional text. This question, among others, came at the request of the Constitutional Court (TC) once approved by Parliament, ratified in a referendum by the Catalan people, and promulgated and sanctioned by King Juan Carlos I, in short, once had entered into force.

Many lawyers argued the constitutionality of the text, whereas, by definition, a preamble has no legal significance and this is a statement of reasons or considerations. Others go further and also ensure that no specific legal consequences would arise if the provision is written in the articles, as would having a hermeneutic or interpretive value, as is the case and Carles Viver Pi-Sunyer, ex- CT magistrate and professor of Constitutional Law. In both cases agree that the problem is political and not legal in nature. However, by the way, the current regulation in this area is the most explicit of all constitutional and statutory texts that have been in force in Catalonia in recent centuries.

In linguistic matters should be highlighted a clear reinforcement of the status of Catalan as the language of the country. The greatest exponent of this comparison lies in leveling with Spanish it means, at law, proclaimed the duty to know Catalan. After this rush of goals, they target similar such as the proclamation of new linguistic rights in order to be materialized in Catalan as the constitutional organs of the State, such as the Constitutional Court Supreme Court or the Parliament. Another important aspect to highlight is the designation of Catalan as an official language. Thus, a category that until now was exclusively Spanish heritage, becomes shared with Catalan, a language that until now could only enjoy the rank of co-official. It is also interesting to note that the guarantee is the elevation to the rank of certain statutory language rights, as far as standards were treated simply with the force of law.

The chapter on historical rights took a significant relevance in the new statutory text because it was the first time that such requirements are collected in the Catalan arrangement. Specifically, Article 5, under Article 2 of the Statute of Autonomy of 1979 and the second transitory provision of the Spanish Constitution, the Generalitat of Catalonia gives a unique position in matters of law civil language, culture, education and institutional system. These rights, although not related to the first additional provision of the Spanish Constitution, which only seems to want to stay in Euskadi and Navarra are configured as one of the foundations of Catalan self-government. In practice, rest this clause will still check on the legal significance, since it can be interpreted in the scope of prescriptive competencies or simply describes a situation where Catalonia has obvious civil rights, language and own culture.
[Change] rights, obligations and governing principles
[Change] self-government institutions
[Change] The judiciary

In judicial matters, the new statute deepening the powers of the Government, beyond the six articles devoted to the statutory text of 1979. The main purpose of the expansion of functions dealt with in the democratic approach to citizenship and the operation and management of the public service of justice.

* Comparison of the High Court of Catalonia (TSJC) as a supreme body of the judicial pyramid, making it the ultimate cause of all initiated in Catalonia.

* Creation of a governing body of the judiciary in Catalonia, deconcentrated General Council of Judicial Power (CGPJ).

* Expansion of skills related to personal and material means to serve the administration of justice.

The catalog is also strengthened powers in areas such as judicial office, institutes and forensic toxicology, and plant the area of justice or justice of the peace. All legal innovation of the text shall be subject to the new Organic Law of the Judiciary as largely conditioned the implementation of these precepts, which has led to the introduction of repeated remissions.
[Change] The powers
[Change] The financing

In the area of finance, the statute does not incorporate the economic agreement as a form of tax relationship between Catalonia and Spain, despite being a major political demands of sectors of Catalan society and politics. [Need citation] Although well, compared with the previous statutory text, introduced some reforms that enhance the power of the Government salary.

* Ensures that all the taxes the Government's performance comes from taxes paid by citizens of Catalonia. As a result, the percentages increased taxes on correspond to the Government: 50% income tax and VAT, excise duty of 58% and 100% of the rest.

* Granting regulatory power to the government on all taxes. Previously only available on personal income and retail part of the phase of VAT and excise duties.

* Creation of the Taxation Agency of Catalonia as a management entity, collection, inspection and payment of all taxes the Government's own tax and wholly by the state.

* Creation of a joint consortium between the Catalan and the state agency for the management of other state taxes collected in Catalonia. The creation of this agency scheduled a maximum of two years since the entry into force of the text, and could in future become the Tax Administration of Catalonia.

* Establish new criteria for leveling of regional income (better known as "solidarity between regions"). Among them are determined that their purpose is to ensure a similar level of education, health and other social services essential to the welfare state, provided they carry a similar tax effort. Also there is the principle of ordinalitat in which it is determined that, after applying the measures leveling, Catalonia can not take the table of income per capita of the regions, a lower than before perform the redistribution of resources.

* Establishment of state investments in Catalonia equal or higher than the relative weight in relation to GDP Catalan Spanish for seven years. In the 1991-2005 period, the state investment in Catalonia represented 12% of the total, while the population accounts for 16'5% and 18'8% in GDP.

[Amended] Approval Process
[Change] Proposal to reform the Parliament of Catalonia

On 30 September 2005, after a last two days of intense negotiations, was a vote to Parliament of Catalonia text of proposed reform of the Statute of Autonomy.

In compliance with the 1979 Statute, the proposal required a qualified majority of two thirds of Parliament, to prosper. The text finally picked up 120 votes in favor, corresponding to the parliamentary groups have agreed that: CiU, PSC, ERC and ICV, and 15 votes against, the parliamentary group of PPC.

The CIU and tripartite government reached a deal on a new statute on September 29 evening, when they overcome the disputes over the funding system, point of the new capital statutes, and the secular nature of public schools. [1]
[Change] Adoption of the final text to the Parliament of Spain

The proposed reform of the statute passed in Parliament was presented to the Congress of Deputies on 2 November 2005, three speakers of the Parliament of Catalonia. The speakers, Artur Mas (CiU), Manuela de Madre (PSC), Josep-Lluis Carod-Rovira (ERC), explained why it considered necessary to reform the current Statute of Autonomy (which had been drafted in and Sau passed in 1979, a Spanish Congress of Deputies, composed of many politicians of the former Franco regime and within the context of democratic transition in Spain). They also explain why Catalonia is a nation, and the changes society has undergone in the 26 years since Spain's entry into the European Community, health care for everyone, or marriages between persons of the same sex.

The same day of its acceptance procedure, on 2 November 2005, the Popular Party, filed an appeal of unconstitutionality before the Constitutional Court. Later rejected because the court can not be considered an appeal of anticonstitucionalitat not approved by law. A day earlier, the Party had launched a campaign against the Statute, which appeared as a surreptitious reform of the Spanish Constitution of 1978 and intended to submit it to referendum in the state, a possibility of In fact, not provided in the Constitution or the statute in force.

This step, setting up a Joint Commission-State Government to negotiate the content of the new statute. Under this committee, the Spanish government, composed of PSOE presented a proposal for alternative wording of the law, which modified the majority of items. The Spanish government's main arguments were in line to guarantee the constitutionality of the statute. Some examples of points that the central government had considered that change in this regard were the definition of Catalonia as a "nation" within the wording of the text, and articles relating to finance.

Catalan parties were received with coldness or rejection of this proposal and noted the great distance, in his opinion, separate from the original proposal. The weeks were going to go with new negotiations, multilateral and game to game, they were smooth out some differences, but the agreement, however, seemed difficult. (The approval to Parliament, of course, could not occur only with the votes of Members Catalan minority demographically, had the agreement and support of a majority in Spain and to the rejection of this most only PP could come given by members of the governing party, the PSOE).

On 21 January 2006 there was a meeting at the Moncloa between CiU leader Artur Mas and Spanish Prime Minister Jose Luis Rodriguez Zapatero came to an agreement, known as the Moncloa Pact (or Pact as Mas Zapatero-), the final version of the statute that changed significantly in the Catalan Parliament approved, leaving a new wording of the statute that was fairly similar to what 1979 was approved in parliament.

After a long and complex negotiation of amendments between the parties with representation in the Congress of Deputies, they touch more than 50% of articles.

In March 2006, the proposed statute was passed in the Parliament. Vote: With Socialist (PSOE), CiU, the Basque Nationalist Party, Parliamentary Group of IU-ICV, BNG and the Canarian Coalition. Voting against: PP and ERC within the mixed group Eusko Alkartasuna. Refrain: Aragonese and Nafarroa Bai (mixed group).

In May 2006, the proposed statute was passed in the Senate. Vote: PSOE, CiU and IU. Voting against: PP. Refrain: ERC, EA and PAR.
[Change] Final Ratification by referendum

The 1979 Statute provided, finally, the need for reform was ratified in a referendum by the citizens of Catalonia. The President of the Generalitat of Catalonia, Pasqual Maragall, convened after the referendum approved the text in the Cortes, the state gave them the go-happy, and ultimately the consultation was held on 18 June 2006.

In this referendum, CIU, PSC and ICV were asked the Yes to the new law, while the ERC and PP were not asked, for different reasons: the PP maintained its rejection of the original proposal to be considered unconstitutional, and ERC, in understanding the changes made to the text in its passage through the Spanish had affected the fundamentals were so distorted.

The referendum result was a 73.9% of votes, a 20.76% of votes against, and 5.34% of blank votes. The ballots were less than 1%. The participation was just over 49% of the electorate of Catalonia, a figure considered too low for all parties (even so, the 1979 Statute did not specify any minimum percentage of participation to give validity to the query).

So, once approved by referendum, the king sanctioned the law and this was published in the Official Gazette, as Organic Law 6 / 2006 of July 19 Reform of the Statute of Autonomy. Entered into force on 9 August 2006.
[Change] the Constitutional Court Resources
[Change] Background

After entering into force on 18 June 2006, the statute was unconstitutional route to consider it on seven occasions:

* The Party by signing their deputies and senators against 187 articles and provisions [Source Text].
* The Ombudsman, Enrique Mugica (PSOE) against 112 articles and four additional provisions
* The governments of the autonomous regions of Murcia (against article 117), Rioja (versus 12 articles and seven additional provisions), Aragon (against an additional provision), Valencia (against eight articles and four transitional provisions) and Balearic Islands (against the provisions of the statute on the Archive of the Crown of Aragon) [2].

Regarding the appeal of the Popular Party in the ruling issued June 28, 2010. The other six are still pending. During the wait for the verdict and predicted it would clear negative Catalans a dozen newspapers were published on 26 November 2009 a joint editorial called for the dignity of Catalonia as a Court with members reported dead or expired should not dictate a law on referendum by the people of Catalonia, which are spread over four years without resolution. [Change] Resolution Nuvola apps package wordprocessing.png The article needs some improvements in its drafting. (Work!) The second paragraph is unfinished sentences and / or incomprehensible. On 28 June 2010, the Constitutional Court towards the appeal of unconstitutionality submitted by members of the Popular Party was ruling majorities for variables. He made it clear the "legal inefficiency" of the Preamble (which told the term nation to refer to Catalonia) although the resolution remains the first definition of Catalonia as a nation, and 14 items declared unconstitutional. The paper was finally drafted by the President of the SAO, María Emilia Casas, and the vote was conducted in parts: the first respect the Preamble, which is decided by 6 votes to 4 against in this way keep the term "nation", but warned of its lack of legal effect, because no part of the regulatory text, the second block referred to 14 items declared unconstitutional, being a majority of them 8 to 2, the other two blocks, which were the constitutional requirements and to reinterpret, were backed by 6 votes to 4. Four judges belonging to the so-called "conservative industry", said that present a particular vote. [Change] Articles unconstitutional [Change] Articles are subject to interpretation [Change] J-10 Demonstration Main article: Demonstration "We are a nation. We decide" Commons-logo.svg Wikimedia Commons has media related to: 10-J Demonstration On 10 July 2010 there was a demonstration in Barcelona, under the slogan "We are a nation, we decided," against the decision of the Constitutional Court, supported by all political parties in Parliament Catalonia within the PPC and Citizens. The attendance was a million and a half according to the organizers and one million one hundred thousand people according to local police. The header went six presidents and former presidents of the Government and the Parliament: Jose Montilla, Ernest Benach, Pasqual Maragall, Jordi Pujol, Joan Rigol and Heribert Barrera.

Towards the end of the demonstration, there was an attempted attack on Jose Montilla, who had to leave the march protected .