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Reforms Rubalcaba

article Francesc de Carreras, professor of constitutional law at the UAB, published in La Vanguardia.

A constitution is, above all, a framework of coexistence for the present and a framework of trust in the future.

to its twenty-fifth anniversary, two years ago, the day of the Constitution had a ritual character, hardly newsworthy or controversial hint: they evoked the broad consensus that approval is remembered their principles and are used to make a generally positive assessment of its development.

The commemoration was always a pause in the heat of political battle, an encounter in which the parties suspended their daily squabbles natural to reaffirm, year after year, their match in the solidezde the main rules of our democratic life. It is no longer the case. In the twenty-seventh anniversary we celebrated this week, the Constitution has become a disputed issue and our constitutional future uncertain. Perhaps there was a latent distrust of citizens in our constitutional system that, for whatever reason, not surfaced and now, suddenly, has burst onto the scene. Maybe. But I rather am inclined to think that the reason the Constitution is questioned is reckless in the way put at the heart of partisan confrontation. A constitution has been repeated a thousand times, is a framework, a playing field, which should allow all citizens and all political forces to express their preferences and implementing them. Furthermore, in accordance with the democratic principle that sovereignty resides in the people, the Constitution itself can be reformed, even in its entirety.

But constitutions are supreme standards which are characterized by stability and changes must be made only if essential. Therefore, the argument that social change must be reflected immediately on constitutional changes does not seem right. Indeed, the constitutional changes should be made only if the text of the Constitution prevents social change can be regulated by laws or other rules of lower rank. Ordinary legislation is the natural field to adapt to new social realities on the right.

The main function of a constitution is to give unity and stability to the legal system, not in your own text to include the regulation of social change. Typically, therefore, must be that the political disputes occur in the field of ordinary legislation, not in the field of constitutionality, however, at present, the main inter-party confrontation is not between the legitimate goals can be achieved within the marcoconstitucional, but has become a matter of confrontation with the constitutional framework itself. That is, using a sports metaphor, what is at the forefront of the dispute Not the way to score more goals in a game, but the rules by which these goals can be considered valid.

We are not therefore in a phase of political normalcy, but in a phase of rethinking the rules of the game. There is no doubt that all this is legal and constitutionally legitimate, democratic right because, as we have said, can not prevent changes in the rules.

however, doubtful whether such changes as are being developed, are politically expedient. Many questions, too many doubts, fit. On the contrary, there are many reasons to think that all this dispute is unnecessary, superfluous and risky from point of view of general interest. And according to the result to be reached, their drivers are at risk of being branded as irresponsible and even frivolous. Because, indeed, the end result may be pyrrhic. The ongoing reforms are of two types: the statutory and constitutional properly. Leaving aside the ratification referendums, the parliamentary majority must agree Uncas are different and in another: in the statutory just the majority of Congress (half plus one of the deputies), and lasconstitucionales requires a qualified majority of two-thirds in Congress and the Senate, as well as complex unprocedimiento involves dissolving of both houses, new elections and a new vote for the same majority.

Moved to the current political situation, all supposed to approve the statutory reforms mathematically not need the agreement of the PP and to approve constitutional amendments to vote for them is essential. Given the current political situation, can we think that both types of reforms can be carried out at once? Zapatero included in its program of constitutional reform government, but no rejection, no clearly agreed with the bylaw. If both are, in practice, because the majority required, incompatible, why what reforms will tilt the Prime Minister? There is concern in English society. A constitution is, above all, a framework of coexistence for the present and a framework of trust in the future.

The uncertainty about these changes fully justify the concern. Felipe Gonzalez said this week that perhaps the Government's error has been to undertake a reform program without having set a precise direction. Perhaps you've been right: the old rockers sometimes give some memorable performances.

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halted an article against the Statute Felipe González

dinners happen Recently involved in former President Felipe González in which he discusses what happens without corsets in the world and with a few hindrance what happens in Spain, particularly around the draft Statute of Catalonia.

was, according to different versions, one of those recent relaxed contexts in which the former leader of the PSOE made comments about how it is driving the process. Gonzalez has been throwing at fault in the now chief executive, José Luis Rodríguez Zapatero, clear leadership, a goal we want to go and how. The former president has commented on the need for clear political objectives set by the paths that must pass a government action.

Indeed, sources close to Gonzalez count Elsemanaldigital.com that this lack of driving by Zapatero was embodied by former tenant of La Moncloa for fourteen years in "a harsh article against the Catalan Statute."

However, again according to the respondents, the PSOE spokesman in Congress, Alfredo Pérez Rubalcaba, managed to stop it and so far, the "goods" remains in the drawer. Nobody

Pérez Rubalcaba as to shorten any leak that might cause the pen of Felipe González. It's a complete player, SUV, and perhaps because of that, turned out to be an important part in governments of Gonzalez as the crossing by Joaquín Almunia in opposition, in the candidacy of José Bono to the Secretary General of the party and now also in Zapatero's team, which may stand as one of the few legacies accepted by the current president of his once adored Felipe.
Alfredo Perez Rubalcaba
A needed just two year term and that the problems will begin to grow the government to become the indispensable man. Proof of this has been its ability to keep silent to Felipe González. It is recognized that as the old guard of PSOE: "An article by Philip at this time would be a real bombshell."

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Maragall insists: "We are a nation"

convictions of President de la Generalitat Pasqual Maragall, have not moved one iota, despite the vehement reactions arisen subsequent to the statute. In the institutional discourse of last year, President called for constitutional reform , to understand that changes are necessary to address the new realities. A claim, always controversial, the Catalan president in his message yesterday reissued institutional televised at 21:00 pm on the occasion of Constitution Day.

Maragall began his message echoing the goals and hopes placed in the Magna Carta in 1978. "They had names: there were freedom, democracy, autonomy and social progress, "he said. A series of objectives, with the State of Autonomous Communities, which, in its view, have been amply fulfilled. "But the realities of today were hardly imaginable 27 years ago," he said. Without going any further, Catalonia has proposed a new statute. A statute ("to see if we understand", said immersed in his work of political pedagogy) that "serves to cover the services and to achieve a higher quality of life. Otherwise, not worth it. " The president said, however, that the Catalan proposal was developed with direction from the Constitution State.

In his remarks, Bush also Catalan recalled the controversy over the definition of Catalonia as a nation, that " Catalonia has put it clearly: we are a nation ." A concept, he said, which means that Catalonia is national identity, which has its own personality, with culture, language and civil law own. He added that the proposal makes clear that Catalonia wants to share his future with all the peoples of Spain. "Our spirit is friendly and respectful. Therefore, we demand respect for our way of interpreting the Constitution, respecting the constitutional jurisprudence, "he said in his message.

But the president stressed Catalan that "the Constitution is sensitive to the changes that society demands, since it can not be an object of worship to petrify a historic moment." In addition, the president felt that "the spirit of transition and the parents of the Magna Carta was one of progress, change and policy improvements."

So Maragall called for constitutional changes that, in his view, are "fully compatible with the recognition of the value of the Magna Carta as the cornerstone of democracy, and self-government statute." The Constitution is, according to the president, the basis and foundation for the building to be erected today's realities, and on this basis, updated Catalonia must build the future. In this sense, Maragall said to be used thoroughly convinced that it is the wish of the majority of the Catalans.

Reason

PS .- That said, it is clear that references to the Constitution in the drafting of the Charter is a constitution that does not exist.

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Víctor Pérez-Díaz is Professor of Sociology at the Universidad Complutense de Madrid.

A risk is the proximity of an injury, or, in other words, the result multiply the cost of an event made possible by the probability of occurrence. Therefore it is said, with truth, that the risk is high if the potential harm esmuy great, and the likelihood of considerable. The potential harm to accept, reject or make a hack with the proposal of the Statute of Catalonia is obvious. Is a substantial increase in regional tensions, which may anger more in a country that has a state of autonomous in a precarious balance since it was designed deleted by its Constitution, and that in 30 years of governments of all political stripes, has failed to develop a strong culture of English constitutional patriotism. With these institutional and cultural foundations, not very strong, the probability that the damage is considerable potential is realized because either approving the substance of the proposal of the Statute (with sections on the Catalan nation, shielding skills, and bilateral funding included), and Here the English state would be reduced to a shadow and the frustration of many English would be great, or is rejected in substance, and in this case the Catalan political class, given their expectations, would suffer a profound disappointment, or approving playing with ambiguity and wanting to please everyone, and in this case it is normal that satisfies no one and the remaining outstanding problems, but with more people suspicious than before. Quite

citizens perceive this risk, and, according to recent surveys, 46% of English, and 31% of Socialist voters believe that the draft statute represents "a threat to the unity of Spain", and 47 % of English and 58% of Socialist voters believe that "significant changes must be made in it to make it acceptable." At the same time, the level of confidence in the socialist leader who could lead such changes 28puntos has fallen over the past 18 months (from 66% to 38%). Ie, enough English seem concerned by the problem and losing confidence in the ability of current leadership to resolve it.
The overwhelming majority of the public, attentive and concerned, he is English, and cares about the symbols, names, and the principle of sovereignty one, indivisible and indispensable part of the English nation. Be attentive to their interesescuando concerned to discuss the financing of the system since it has become accustomed to the idea that we are all equal, which implies that all regions are; want utilities homogeneous and analyze the balance made between regions, can look not only tax a few years, but also trade, financial flows and human resources dating back many years ago. In addition, many think that Spain lacks a functioning state and suspect that this proposed statute leaves us one too weak to current times.

There are situations of terror and war are not resolved with words. Immigration raises disturbing. The march of globalization has many on edge. In Spain you need a state actor in Europe, and the voice of that State or its absence, it shows when its citizens (and their companies) have to go around the world and defend their interests.

With these feelings and ideas in mind, the English can get lost sometimes in the welter of the 111 pages of the proposal of the Statute, with its preamble diffuse the 227 detailed articles and additional provisions, transitional and final, but they understand the merits, and are worried about a socialist leaders whose capacity will begin to be problematic and whose clarity begin to doubt. These leaders seem firmly in the forms, peroson ambiguous in content. At this point it is uncertain whether they will respect the essence of the Catalan proposal or change it substantially. Maybe bet on the volatility of public opinion, while claiming the faith of believers yfustigan his opponents, and rely on a final scramble, the staging of a commitment to double bottom, a miraculous recovery in extremis, a sigh of relief and a vote grateful. But this, forget the trail of mistrust that are leaving the road.

For now, people are ambiguous conduct that is because either the Socialists do not know what they want, and that their competence questioned, or they know but do not want to say, and that question its veracity, or want two things contradictory at the same time, and that questions his consistency. Come say they want the Statute of Catalonia (Pasqual, I promise, I will support the statute passed by Parliament of Catalonia, "Zapatero dixit), but they want so much that I want to change. They do not want to change substantially but make it compatible with the Constitution, which is the substantial change. And when they say they want change thoroughly (and let "clean as a whistle") do not have the votes for it and attack the only party which could be supported for a similar shift, suggesting that in fact do not want to. Quosque tandem Catilina? Hastacuándo Catiline "will tell us two things contrary to the same time? How you run out of voice or until we run out of patience?
Socialists have not yet realized that the flow of public confidence, including your age, is limited. And what's worse. They do not realize that not only deplete the country's confidence in them, but are at risk of losing its own confidence in themselves. His identity is linked to the fundamental ideas of creating solidarity and to Spain, and if they lose their connection with these two ideas are lost themselves. They do not foster solidarity rulers who increasingly widen the gap that separates them from the center right of this country, which draw on the collective imagination as an extreme right, nor can they justify this excess rhetorical opponent's attacks, because they are the rulers of the English including many millions of voters of his rival, and the office of ruling required, to them more than anyone, to a special restraint in words and gestures.

can not pretend to build a political community on just bitter feelings hidden by soft words and can not establish a harmonious atmosphere with words to the Civil War, with repeated contamination of the opponents as being linked to the Franco regime and the deployment, at times, challenge attitudes and animosity to religious sentiment part of society. The erosion of solidarity in Spain for its division into ideological blocs territorial fragmentation is added to the momentum of distributive conflicts between communities and the centrifugal inclinations either, with the aggravating factor that the Socialists have always defined as guarantors of a solidarity based on a strong state, and are now themselves weaken this foundation. At the end of this process can be very little about the identity and tradition of English socialism. The Spain of the transition was made possible by the contribution of the English Socialists in a leading role shared with others. Only then fell behind the Spain of charanga and tambourine, the Spain of hatred Cainites. Only Spain and was rebuilt.

constituents would be regrettable if the Socialists and the ruling Socialists of those years rest to go down in history as the makers of Spain yesterday, and witnesses of getting rid of the Spain of today.

© The Country

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risk on a boycott of Catalan products

article Thomas Domingo Pérez published in Las Provincias.

In Germany, back in the fifties, Erich Lüth in a newspaper published an open letter urging the cinema owners not to include in your schedule for a film director Veit Harlam, due to collaboration this with Nazism. It also recommended the audience to refrain from going to see the movie. This incitement to boycott made Harlam Lüth sued because he felt that he had voluntarily caused harm. The case was that the matter was referred to the Constitutional Court German Federal and led to a sentence in the history of European neoconstitutionalism. The Court protects Lüth finding that the boycott constituted an incitement to the lawful exercise of the right to free expression, noting that this should be accounted for courts of general jurisdiction.

Indeed, the right to freedom of expression not only protects the expression of ideas or opinions, but allows persuade, influence others intellectual. What is not protected, it also confirms our Constitutional Court, is the exercise of coercion or defamation. Incitement to boycott is lawful if freedom does not deprive the recipients of the message to follow or not the slogan, and if not based on falsehoods. In Germany the Federal Constitutional Court has been said in the statement Blinkfuer the call to boycott is lawful even if it comes from a competitor in the professional or economic great power. Look at this finding by the Court: "If the person who incited the boycott has economic power, its influence may be relevant, but this fact alone does not make incitement to boycott unacceptable. The Constitution does not prohibit who holds greater economic power to take sides in an intellectual debate of opinion. "

Inciting boycott is a perfectly lawful behavior, but can certainly rely on weak arguments, unsustainable or inconsistent and therefore flawed. On the other hand, if the boycott is intended not to buy certain products, in fact the measure could not be regarded as unfair, because those who sell only entitled to bring to market their products and not to spill lies about them or about the company that produces them. Therefore, if the consumer chooses not to violate the law and not commit any injustice. That does not mean, however, that a boycott is justified. In reaching this conclusion should discuss the reasons given for its promotion. For example, it seems reasonable not to buy products that are manufactured with highly polluting methods, or refrain from purchasing goods made in factories where working children exploited.

But these days there is talk of these cases, but the boycott of Catalan products. It has fired the warning light and voices have emerged that threaten legal action against those who urge a boycott. Click on bone, since, as just shown, this constitutes a legitimate exercise of the right to free expression. But these threats divert attention from what's important. What happens in Spain for many citizens of their own volition decided not to buy products Catalans? The boycott is primarily a measure of pressure to draw attention and get something. It is a form of expression. Well, what is happening in Spain for many citizens to resort to the boycott as a form of expression? This is what needs to be analyzed. The answer is clear: many people do not find another way to externalize their rejection of what is being promoted from Catalonia.

As noted a few weeks ago in another article, the draft statute intended to Catalonia decide how far it reaches its solidarity with the rest of Spain. The English know that their representatives will discuss a draft statute that may affect the structure of the state and will only be hoped that what comes out is why it is not unconstitutional. It seems logical that the city wants to hear your voice as effectively as possible and, therefore, resort to the boycott, to show that the welfare of a part of Spain can not be achieved apart from the rest. Some think it's an absolutely wrong idea.

The truth is that the success of the boycott of Catalan products is a symptom of the state of English society. It seems incredible that it has reached a situation where consumers can distinguish when purchased between products from different communities. It is unfortunate that this happens, but in any case I want to emphasize and defend the liberty of the citizen to decide whether to undertake or not a boycott, and that of everyone who wants to give reasons to promote or criticize.

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Bargalló and history of the boycott

For Luis Ignacio Parada (ABC )

Captain Charles Cunningham Boycott was driving with an iron hand the farms of absentee landlords Lord Earn. The Irish Land League, which sought to reform the system of land tenure, asked in 1880 a reduction in the price of leases. The captain refused. To force him to surrender, the League decided to suspend all kinds of dealings with him, the laborers refused to work, shops to sell food, mail stopped sending her letters, even had to recruit workers in Northern Ireland to reap the harvest. The "Times" found a name for this new form of pressure: the word boycott was born. And he made history.

In 1915, Gandhi called on India to boycott British goods. It was the first of the actions that allowed the country to regain its independence in 1947. 50 years ago, a black seamstress named Rose Alabama Parks refused to relinquish her seat to a white man on a bus. The civil rights leaders organized a boycott of the company at whose head he placed the black pastor Martin Luther King. A year later, the Court U.S. Supreme unconstitutional segregation on buses. The abolition of apartheid in South Africa began with a boycott against Shell, Kellogg's and Coca Cola. The suspension of French nuclear testing in Polynesia had its origin in a boycott of French wine industry. American companies stopped contracting discrimination against Catholics in Northern Ireland after a 12-year boycott against Ford Motors, which ended in 1998. Scott Paper abandoned plans to establish a eucalyptus plantation and paper mill in Indonesia five days after Survival International threatened with a boycott of its products in the United Kingdom because the plans threatened the survival of indigenous peoples. Maybe that's why the 'Councillor first "of the Government starts to be so nervous.

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The real and the unreal Catalonia

Valenti Puig

One of the north, reaching the Catalan nationalism has been that many people finally take in Spain to be tantamount to Catalan nationalism and the political Catalan uniquely represents all Catalonia. That mortgage and taxes a reasonable view of reality. If you live is part of both convictions as discrepancies insurmountable lead is taken for a distance and assume it. To a greater or lesser extent both behaviors fit the parameters of the open society. Diverge, however, to set the texture lavida moral and civic service.

As observers of the relationship between Catalan nationalism and the whole of Spain, some think that the negative field at least there is no other choice than mere conllevancia. But if we are talking of Catalonia in general, much more multifaceted and complex than its more nationalist-dynamic and evolving, is something of every day living in the naturalness of being different and yet part of Spain. This is about real Catalonia. Yes, surely you must set funding schemes state, but not on behalf of collective identities of metaphysical or ancestral, but on behalf of citizens and taxpayers, not claim "ad infinitum." The statute of autonomy was a shared political objective in the years of democratic transition because we went from an authoritarian regime and claimed the overall feel a bit lost.

now is different: there is already a "statute" and its content covers all the dynamism of Catalan society, its institutional form and its presence in Spain. Between the lead and has long been living ranging policy Catalan nationalism, since its inception and throughout history in which hay casi de todo en su percepción de España. Su penúltima tesis es el proyecto de nuevo «Estatut» actualmente en proceso de trámite parlamentarioen las Cortes, con promesa de receptividad por parte de Rodríguez Zapatero. Más allá del gran embrollo político y la turbulencia demagógica que se han generado, luego resulta que lo que es la convivencia natural se somete todos los días al referéndum, al plebiscito del orden espontáneo, y en este caso el sí es masivo y, por así decirlo, obvio. En la Cataluña real se vota en los usos lingüísticos reales, en el puente aéreo Barcelona-Madrid, en las redes tecnológicas, en las relaciones de mercado, en los vínculos entre universidades, the zapping television and radio dial, at ATMs in the consumption of books in Catalan and Castilian, the new musical groups in the world of theater or cinema that goes back and forth between Madrid and Barcelona. By contrast, the fact is that a large majority of members of the regional parliament of Catalonia voted affirmatively a draft organic law does not assume the same way everyday consensus of Catalan society, aims to change the constitutional order and away from the grand bargain - metahistorical pact, if we may-1978. The Government insists the enthusiasm of the vast majority of Catalans Porel new 'Statute. "

bit pious would remember these abstention notable moments that historically occurs in the regional elections, generally in socialist voting in general elections. This is how the Catalan political class has been building his fictions, and it was because of a PSC with a bad conscience as Catalan Jordi Pujol governments lacked political opposition in their identity and language.

In arguing the inevitability of conllevancia in statutory debate of the Constituent Cortes on May 13, 1932 Ortega said that "the Catalan problem" is a problem that can not be resolved, which can only lead, which is a perpetual problem. This "Catalan problem" is nationalism, and nationalism is subjected to the polls. Historically, we have seen their hegemony and their slopes, their albs and eclipses: nationalism is a political choice. Catalan society, by contrast, is a vitality and deep-rooted feelings have their cycles and rhythms, but it is something that existed before the political and Catalan nationalism exists when completely exhausted its symbolic capital and, subsequently, its plot political interests.

Although Ortega formulate his parliamentary speech in terms of others that will entail taking English to Catalan Catalan and English Getting along with others such realities lived then and live in today. It is the responsibility of the "Establishment"-the famous Catalan political mainstreaming of the PSC-PSOE has participated so far, have raised the statutory reform so that the only alternatives are the best of cases, or ruptures conllevancia now undefined.

By contrast, both Catalonia and for Spain as a whole, the best moments have coincided with stages of understanding for possibilistic and pragmatic positions of Catalan. In contrast, the phases of Companys maximalism-case, for example, have been inevitably Pyrrhic victories so inescapable that affected the stability of the entire Spain. Now, with a "statute" designed to address a PP government and not for the Catalans were more fortunate, the new phase is maximal, as indicated by traffic autonomist substantially to the sovereign.

From there you can stem the excesses of those who confuse Catalonia and the Catalans with nationalism. It is an instinctive position, without horizon, for example, to boycott cava. The production and rising consumption of cava is precisely a live test and a denial of conllevancia fatalistic. The exercise of citizenship in Spain is great, as more effective in pressuring the deputies and parties, be present in the parliamentary debate already started in practice as public and not merely as reactive and atavistic gesture, sometimes lunatic. "Mutatis mutandis" virtual expansion of the Catalan nationalist myths Madrid make the blind, slobbering monster at the end of the maze, the same way that Castilla is to blame for all ills Catalans. The cartoons just giving other clubs with cartoons on the puppet theater of political history. Fall into either of the two ends stripped of rationality debate of historic dimension.

course, the stridency is expected when a president of government-as with Rodríguez Zapatero, is postulated as a mediator between those who wish to retain the 1978 Constitution and who not. Strange vocation of driving the locomotive while the train will be assailant. ABC

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Azaña and autonomy

By Octavio Ruiz-Manjón
Enterría
Eduardo Garcia has just published a text of Manuel Azana on Catalan autonomy. Are speeches, almost all parliamentarians, "personal notes and journal articles, well known to all who have an interest in the Second English Republic. All material published here was already in the very incomplete Works (1966-1968) of former president of the Republic and, as often happens in these cases, one of the highlights of the book-apart from the opportunity of the dates appearing in bookstores, is in the introductory essay that accompanies the text, especially when it comes great authority of the legal world as Enterría Garcia. Hence the interest of his comments on some of the legal aspects of Catalan autonomy process and, especially, the attempt to apply the principle of Catalan self-determination that had circulated on President Wilson after the end of the first war world.

Azaña's performance would be decisive in approving of the Statute, which began operation in September 1932, but that fact did not stop the problem resolved, inter alia Azaña own behavior, after being ousted from power, called for the annulment of the outcome of November elections 1933, which had given victory to the right and, above all, engaged in a protracted campaign to discredit the new government. It was then ana said that "before the Constitution is the Republic", an idea which, according to Garcia Enterría was truly subversive and served to legitimize any breach of constitutional order as that indeed occurred in October 1934 in Asturias and Catalonia. Catalan politicians, and in April 1931, had advanced to proclaim a "Catalan Republic" in a eerie Iberian federation of peoples, persisted in his attitude in 1934, proclaiming the "Catalan state" within the Federal Republic had already been rejected by the constituent members of 1931. The truth is that there was to do no great show of military force for sedition that were diluted with the first rays of dawn fall of Barcelona.

The tension generated by those revolutionary events led to a growing resentment of spirits, which dominated elections in February 1936 and led a few months later, a civil war. Then, as pointed out Enterría Garcia, ana had begun to speak of piety as a necessary attitude in a society that also need compromise and forgiveness among its citizens.

was not heard and, when hostilities broke out, they were able to see the bitter results of a policy of exclusion. Indiscriminate killings in the summer of 1936 in Madrid, especially those that occurred in an area that was supposed to under the control of government, as was the Model Prison of Madrid-distressed the President of the Republic, sometimes he could hear the shots directly from some performances from the windows of the Royal Palace of Madrid. So when it was a year since the conflict began, he could say in a speech: "No policy can be found in the decision to exterminate the enemy."

Liberal was always seemed to overcome Azaña finally Jacobin discourse that had been taken away for two long years and, when completed, a new anniversary of the start of the conflict in 1938, in his speech at City Hall Barcelona close as three words - "peace, mercy and forgiveness" - which was supposed to be a message sent the victims of the conflict. A message that seemed lost in the din of those days but it remains a suggestive slogan against those who seem determined to reopen those fronts.

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Catalan President of the Constitutional Commission notes that the Catalan project "encroaches upon the powers of the State"

President of the Constitutional Committee of Congress, Alfonso Guerra, yesterday once again showed his objections to some points of the draft Statute of Catalonia. Although Catalan noted that the wording "does not change the Constitution" against what it preaches PP leader, Mariano Rajoy, did acknowledge that the reform is "a kind of mutation of the scheme of the State" and also "invade their competence. "

ideas at the conference on Spain, he delivered with one of the seven fathers of the Constitution, Miquel Roca Junyent, at the Ateneo de Sevilla, War justified his critical thesis abounding in the most critical points of the reform Catalan and competition on the management of airports, claims that, in his view, evidence that the text promotes "a new division of authority", but made it clear that in this case, is the State which is required execution as dictated by the Constitution.

Socialist MP also stressed that the reform sets the bilateral funding to the state, panorama implies a break with the regional financing of the common system to which is attached to the rest of Catalonia autonomy, but five: Basque Country, Navarra, Canary Islands and the autonomous cities of Ceuta and Melilla, that self-government based on historical entitlements or which puts the figure of the president in a prominent position.

President of the Constitutional Commission stated its opposition to crucial issues of reform, which are currently dealing with the Government and the Catalan parties, answering rhetorical questions. "Is it fair to say that reform is legitimate?" Yes, "he said. Is it fair to say it is not desirable reform? Yes Is it fair to say that there is a source of legitimacy before the Constitution? No. Is it necessary or positive preserve the identity of Spain? Yes. And so to go through if it is right that defines Catalonia as a nation, a formula which he said is not partisan, or on whether to ask for further powers or propose emptying the state prosecutor, matters on which he showed his rejection stronger.

All these demands to which they aspire to War nationalists have a recent origin. The attributes to the later years of the Aznar government, which has led the "overreaction" peripheral nationalisms, which identified in Basque and Catalan.

Diario de Sevilla

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The Myth of the Cave

Peter J. Ramírez writes today in World one of the largest proprietary sheets

I am not Socrates, Glaucon, nor any of you, but if every reader of the world have sent this article, or at least Internet links to which I will refer to now, five leaders, activists and voters of the PSOE, more than half of the Socialist electorate know what to expect on what is happening right now in one of the richest communities, cultivated and determinants of Spain. And my chronic optimism leads me to believe that would mean that Zapatero would have to change policy or much of their clientele change of footwear.

Leading by example will forward the names of my five special target: José Bono, Francisco Vázquez, Alfonso Guerra, Juan Carlos Rodríguez Ibarra and Manuel Chaves. As you see, is not a question of affinities, but of pragmatism. Among them are some who fall me good, bad and regular. But do not ask you to accept my ideas. It is sufficient to access loans few minutes of your attention for deposit in a public service available to anyone via the Web
Just type
gencat.net first and usher in the official website of the Government of the Generalitat of Catalonia, led by the regional version of the party that owns this quintet of famous men. Then proceeds to make three clicks of the computer mouse to move by paragraph fear, arrived in the area devoted to Catalan language and end to end in the syllabus of calls Linguistiques Assurance Offices. In that screen there are five
postal and electronic addresses, with their phone and fax numbers, Barcelona, \u200b\u200bGirona, Lleida, Tarragona and Tortosa, which can go "a Queixa or a complaint about the dret of viure in catalá "with the reassuring warning that "the confidencialitat is guaranteed."

We are not in Berlin in the 30's, or Orwell's 1984, not in Kabul by the Taliban. It is here, right now, among us, under the supposed effect of a democratic constitution, where does the customs police, which prompts the neighbor, family, betraying the traveler under the alibi of anonymous coward who is beyond a pattern of cultural behavior rigidly established by political power. And all at the service of the right to live in Catalan!

Until now we knew we could live in Calella de la Costa, in Logroño or Bollullos County. You could live on the streets Aribau, Plaza Mayor or the Los Galápagos.Que could live in a third, in an attic or a basement. We might live in a democracy, a dictatorship or a soft dictatorship. Even that, extensively, could live in peace with oneself, in a state of anxiety or in the wilderness of souls. But what is it to live in Catalan?

Quite simply, the same syntax puts it: living in Catalan means converting a mere tool of communication and language is a membership site that includes not only the spoken or written, but Gargantua as an insatiable engulfs all other facets of the activity human. Catalan is spoken, of course, but also believed in Catalan, he is in Catalan, Catalan dreams, participating in public life in Catalan,
plays football in Catalan, is applauded at the stadium in Catalan private relationships are maintained in Catalan, snoring, gasps and belches, strokes, hit and Catalan press is lived, in short, in Catalan. And that's not a fantasy or a metaphor, but a right. Not me. He says the Government controlled by the Socialist Party of Catalonia.

We are therefore transparent to the expression of despotism and stark language that serves as a battering ram, figurehead drill and a national register that has been made to the draft statute adopted by 85% of the Parliament nothing less than "a civic duty to engage in the collective project." A "group project" is not, nor can it be, another, but the "nation-building in Catalonia."

Here are the foundations of freedom-drama disguised under the appetizing post-Olympic facade of modernity, the Forum of Cultures, the Torre Agbar and magical goals from Ronaldinho and Samuel Eto'o. Because, according to the implacable logic of any bulldozer rationalism and individual self-determination, the right to live in Catalan are subjects all inhabitants of the Principality generates highly rated obligations of others, for their implementation, and provides government coercive and repressive mechanisms suitable for anyone evading compliance.

This is a metaphysical atavism beyond logic of free will. The Office of Fair Language, officials deployed canton to canton and fundamentalist zealots of the Omnium Cultural cornucopia Galinsoga furious reverse, measuring the size, visibility and correction of the signs of businesses or product labels, covered on the same moral bases that serve to measure Wahhabi religious police in Saudi Saudi length skirts.

Just another click to see from the agenda of the Consortium for Linguistic Normalisation "and the name indicates how abnormal is, they say, not living in the rich Catalan casuistry that all this legislation creates. In one corner is informed of the traveling exhibition on Catalan courses for adults in which is reflected "from the uncertainty of arrival to the peace of mind when you feel like one more", which only happens after I learned " host language. "In another corner are presented as a South American and North African José introduced as Yussouf who pay to play the role of the obedient coral Uncle Tom: "No pretendre viure podem parlar i à Catalunya in castellà Només." Two folds further found that "the U.S. of Catalan is consolidated in the daily life of Santa Coloma" because although, according to the local center director for Linguistic Normalisation, unfortunately only 19% of the population uses it, has already been achieved that 51% of the Santa Coloma information received through teaching, administration, economy and trade is in that language, going well, even with a aprobadillo, the barrier of political correctness. And one more keystroke here note that three-quarters of the same is true Cornellà where, however, of the 113 papers presented at the last cartoon competition sponsored by Centre for Linguistic Normalisation own, 96 were in Castello and only 17 in Catalan.

Just until recently the mayors of those towns where so tenaciously is advanced along the road to talk to people in a language other than that people insist on using, or you are Manuela de Madre y José Montilla, the have now become key parts of preaching and implementing the holistic approach of the new statute. In addition Montilla added this week to their string of curses at me for days Two new shows of his understanding of public life, has ordered people to pay the State to find out if I have any credit or at least condoned unpaid by a bank and, pending the outcome of their investigation, I identified with the 'cave media. " A first answer you files that perhaps only he has access, to the latter, do let Plato.

"Imagine a sort of cavernous underground shelter provided with a long entrance open to the light, which extends the full width of the cave, and men who are in it since childhood, tied by the legs and neck so you have to sit still and watch only forward "Thus begins the famous Book VII of The Republic in which the great Athenian philosopher makes his teacher Socrates dialogue with one of his brothers, Glaucon-witted representing the average citizen.

Well, after describing the ghostly flame lighting the backs of the prisoners and the show of objects, characters and figures that circulated on an intermediate gateway, Socrates, Plato asks, "Do you think that those who are well have been another something of themselves or their peers, but the shadows cast by the fire on the wall in front of them? "To which Glaucon responds, while we can imagine him turning right and left cervix, "How else throughout his life have been forced to keep their heads still?"

going now for a quarter century since the political class of the specimen showed a crude smear Transition on its clean record of service to incur the blunder of leaving the control of education in the hands of the regions and thus elite separatist Basque Country and Catalonia. In Santa Coloma de Doña Manuela-before-the reassuring Gramanet approved 51% of standard language communities is obtained, in fact, thanks to that 74% of instruction is taught in Catalan. No bad for a population in which 80% are still clinging to its status as speaking Castilian And woe to the teacher who, according to latest guidelines, does not give all the subjects in Catalan, except to make the kinds of languages \u200b\u200b"foreign." Such abduction

teacher, coupled with the well-paid condescension of regional media and local projects of their employers indigenous identity is what has shaped the latest version of the legendary Myth of the Cave that gives so overt signs Montilla to ignore, to dare to invoke his name to christen the speck in your neighbor's eye, when in fact it describes so perfectly the beam carrying inserted in their own.

There have been many interpretations of the diabolical mechanism conceived by Plato to distort knowledge, and therefore human experience, by casting shadows on captive audiences. The latest, of course, he is referred to the film, television, video and constant Internet.Pero own any exegesis is that in any case, that consumed
handling, well manipulated, should appear in scene manipulators.

In an article published not long ago Professor Francisca Martin-Cano, an expert in mythology, made a telling contemporary translation of engineering Social alienation: "If one Taliban grows conditioned, locked and tied in the cave of the schools in Afghanistan, where he makes only study the Koran, and who is denied the opportunity to broaden their sources of information, if only receives reinforcements to act as teachers, interpreters of the Koran cruel, women who see a being of lower nature, which must confine and subordinate, which can be expected to learn! Why are we surprised that they adopt a commitment to remain attached to their beliefs and defend
selflessly to death? "

Mutatis mutandis, replace the madrasas not only the school network Government but by the broad concept of Catalan oasis, put the new statute in place of the Qur'an and understood that the look between commiserations and derogatory to the inferiority of females is intended for all those who are not able to live in Catalan.

a moment: those who are already beginning to throw their hands in their head, to the rawness of the analogy, I would ask them before completing the position, think about why, five years ago, is unusual Catalan journalists themselves use the word "Taliban" for decried a long list of leaders, cadres and militants of both ERC and CiU as in
have never ever change heard mentioned, and see them all, "says anyone from the PSOE and the PP.

That, as soon as I got access to power, Carod-Rovira and his men went to climb onto the projector shadows to try to bring to its logical reductionist distortion already outlined during the era of Pujol, was part of guión.Como in the fable of the frog and the scorpion, "is in their nature" to behave well. The two anomalies unheard of what is happening now in the cave are the PSC nationalism has become co-producer of the film and the first rows of the court of hostages are occupied by the national government, the Socialist parliamentary group and own leadership of the PSOE.

In this situation of political captivity have led them visions of Maragall, the morbid delectation Zapatero in any strategy that involves the denial of the Spain that has inherited from the PP and the parliamentary arithmetic. But it is José Montilla which is responsible for the dubious honor of having as diverse conjugated triple factors from the executive producer status industrious, efficient and energetic head waiter or usher, which is, communication with the Caixa and other powers that Catalan, first secretary-engineer the PSC
and Minister of Industry that distributes rewards and punishments.

Looking for a punch line, that those who most Indeed he did, of course, was tied to his president, began his empty explanation Montilla parliament on Wednesday claiming that he is not in politics "to line." Accepted the premise, since no one from this newspaper has made any allegation of personal corruption, what is "in politics," Montilla, I wondered I ipso facto.

idealistic motives is impossible, since neither socialism nor represent the interests of those it is imposed by force any cultural metamorphosis seem to have anything to do with the agenda so diligently serves to implement. In fact, without calling Jew, let alone this, "Nazi-stress their role as service Cordoba Iznajar the irredentism of the gentlemen of Sarria is equivalent to the prisoners more certain and less scrupulous of the concentration camps were open to play when their e the rose to the rank of kapos. And not in vain Victor Hugo said that much worse than committing a crime is "one that produces the dark" so that the offender is not found and punished. Excluding

also, for reasons of vanity patents ", only a huge lust for power can be understood in this neat and dapper clerk that up to proclaim their honesty in making dazzling y daca de las preguntas que se contestan desde el escaño necesita leer unas cuartillas, probablemente escritas por otra persona. Empiezo a darme cuenta de lo peligroso que puede ser un tímido como él, con tanta astucia como deficiente formación, cuando ha entendido que sus grandes oportunidades de dominio y control sobre los demás pasan por poner su tenacidad de hormiga laboriosa, sus telas de araña pacientemente tendidas durante años y años a través de capitanes, tenientes y sargentos, a disposición de un proyecto tan ajeno a su propia idiosincrasia como el del nacionalismo catalán más radical.

Nadie puede discutir, de hecho, la brillantez del plan director que de forma tan decisiva está contribuyendo boost to the nationalist cave is, paradoxically, the focus of power that political and economic destiny of the rest of the English. Both their scheme of communicating vessels between the parties that dominate the Government and the governing bodies of the Caixa as his claim that he is in the rest of Spain where the financial tentacles, oil or electric a large group of semi-Catalan suck resources cover the opulence that nationalism autistic accurate to drug their captives well have the perverse wit and arouse even the magnetic fascination of evil. If you keep the mechanisms of political control over the savings banks under the draft statute and the triumph of the bid for Endesa, the English people would be that every time I topped up the tank, we light the light or get cash from the ATM, we would be funding the destruction of constitutional Spain. And no one would condone any payment.

Is there life after the cave? Is it still possible to remedy this collective slide into the jaws of the cave? Plato raises towards the end of their dialogue with the complex problem of flight and return of the prisoner. Does not take much foresight, courage and a lot of moral leadership to face the risks around the kingdom of the shadows, after meeting the wide variety of real objects are illuminated by light. When, anticipating his own end, Socrates asks: "Did not kill (the" constantly chained "), if they find ways to get your hands and kill him, who tried to untie and let them go?" Glaucon does not hesitate a moment to answer that yes.

The fury unleashed against the courageous and categorical views of Federico Jiménez Losantos, defend their right to express them within the law is not shared, of course, each and every one of his words, or spiritual ostracism that relentlessly subjected who as Francesc de Carreras, Albert Boadella Arcadi Espada or embody the clarity of the last Catalan cosmopolitan highlight the few illusions that can be done about the adults entered the cave from early childhood.

thing different is what will happen with the new llegados.De is why I give much importance to the successful fuss that a minister and Bono, to which some will have almost as eager as most annoying reporters, can do from the edge of the cave, to try to get the president of his happy reverie. Or the thoughtful reflections latest Alfonso Guerra. Or the ability to Paco Vazquez to lead the rebellion municipal Spain calling a spade a spade and wine, wine. Or a torrential force Ibarra from a distance at which personal and ideological antagonism wish a full recovery. Or the old-own, sooner or later, you will do Chaves as the last guardian of the granaries of the party.

I sincerely believe that this very serious stake we will win the advocates of constitutional consensus through free democratic game, so that either Zapatero will be the star of the cave prisoner of Carod, Maragall and his beloved Kapo Cordoba, which is what I personally want most, "or cease to be president Zapatero government in Spain after a not too distant early elections.

In any case, the fight against the tenets of ethnic or linguistic nationalism is a noble enough effort to even bound to the outcome of the battle. Why "Philosophy" and, of course, journalism is problematic to begin to find what for others is evident, clear and transparent, and that, strange as it may seem, often the desire for certainty and the search Excluding the truth. "

course, if someone criticizes me, I will have no choice but to recognize that end an article like this with a quote and Xavier Rubert de Ventos-inspiring and editor of much of the statute, as well as cloth Maragall tears when the black dog of depression seeps through the courtyard of the orange-is indeed a low blow.

Replying After Interview

The Death of Spain

The Wall Street Journal . Thursday, November 24, 2005
by Eduardo Nolla

English Prime Minister Jose Luis Rodriguez Zapatero Should Be Cursing the day I Promised to support the Proposal for a new statute for Catalonia law.

On Nov. 2, the Cortes voted to debate the project Already Approved by the Catalan regional parliament. If ITS Acceptable in present form, Spain's constitution as well as ITS MOST important events Laws and Probably Some European Legislation Would Have To Be amended. Most importantly, Catalonia -- for all practical purposes -- would become an independent state.

One of the most controversial issues in the project is that Catalonia proclaims itself a nation. This is not an infrequent claim in Spain, a country comprised of a mixture of races and nations. If one were to be precise, Spain proper would be confined to the few valleys in the north where a handful of pure Spaniards, the result of a blend of Iberian, Celtic, Phoenician, Latin, Greek, Visigoth and other stocks kept themselves free from Arab domination twelve centuries ago.

The 1978 constitution solved the problem of national identity by setting up autonomous regions with a high level of self-government and recognizing the different languages, traditions and cultures of Spain. A Catalan, a Galician or a Basque is today as English as a Valencian, a Madrileno or a Cantabrian. The matter of nationality, however, should not blind us to other very striking and disturbing parts of the document.

To get a gist of what the Catalonian project might mean, one could -- as an exercise -- apply some of the proposals in the statute to, say, Florida. Start by centralizing all power and all decisions in the government of Florida and proclaim Florida to be a nation whose laws should be applied in preference to all other laws (preamble, arts. 1 & 110).

Then list every conceivable detail of public and private life Tallahassee may want to control, from the executive, legislative and judiciary, to fiscal powers up to "the exclusive right to regulate the leisure time" of citizens (art. 134), and the "exclusive right to regulate all matters related to the young" (art. 142).

Next assert Florida as a player on the international scene, one that issues its own passports and national identity cards (art. 164), signs international treaties (art. 197), controls and participates in the foreign policy of the Washington administration, or joins international organizations like UNESCO as an independent entity (art. 199).

Move on to make English the mandatory language in Florida's educational system (arts. 6, 35 & 50) and the preferred language in public and private life. Order that all product labels and instructions should "at least be written in English" (art. 50), and that English should be used in trade, in all written internal and external documents issued by any Floridian authority or any company or organization that does work for them or receives any public funds. It will also be obligatory to use English in all the communications of federal institutions (art. 33). Florida would allow some English language teaching in schools and recognize the right of citizens to use English and receive information in English if "they ask for it" (art. 50).

Tallahassee would have the right to determine its own immigration policy and to decide the number, race, origin and qualifications of immigrants who will live in its territory (art. 138). Tallahassee may also accept or reject American workers trying to move from other parts of the Union since the Florida government gives itself the right to recognize degrees (arts. 125 & 170). Just in case anything of the free market remains, you add a bit of central planning and declare that the government of Florida has the right to organize the "general planning of economic activity" (art. 152) and that special protection is to be given to the "production economy" (art. 45). Similar provisions are made to create Florida's "own labor market" (art. 170).

To stifle criticism, Tallahassee will have power over the media for instance by ensuring their political information is "fair" (arts. 43, 52 & 146) and by controlling the production, distribution and sales of all printed matter (art. 127).

I'll stop here but rest assured that many more disturbing provisions are included in this 46,000-word long document (almost three times longer than the English constitution, and eight times the U.S. constitution).

Not surprisingly, the conservative opposition Partido Popular rejects this document. And the Socialists will need the PP's support if they want to obtain a consensus similar to the one that helped forge the 1978 constitution. As things stand, it's unlikely they will obtain this support, unless they reject any proposal that falls outside the limits established by that same constitution.

Equally worrying for Mr. Zapatero must be that at least privately, but more and more also publicly, many of the governing Socialist Party's most respected leaders also reject the Catalonian plans. This is particularly true for the leaders of other regional governments under Socialist control who need the financial support of rich regions like Madrid, the Balearic Islands and Catalonia. Those leaders cannot conceive of the breakdown of the principles of equality or solidarity on ideological grounds.

A free-for-all constitutional reform clearly exceeds Mr. Zapatero's present mandate. It has little public support and may even produce the opposite outcome. It could fuel the arguments of those who claim that the national government should recover some of the powers unduly transferred, in their opinion, to the autonomous regions since 1978.

The problem is that Mr. Zapatero raised such high expectations among the Catalonian parties - suggesting that Barcelona's proposal would be accepted virtually without changes - that a compromise looks impossible to achieve. So much of the proposal would need to be rewritten that the outcome would inevitably look like a different text altogether.

Rejecting the whole document and putting forward a different plan that complies with the English constitution would also be a politically bad choice for Mr. Zapatero. He would lose face and, with it, the support of the Communist, Republican and Green parties that allow the Socialists to rule in the regional government of Catalonia as well as control the national parliament in Madrid. Such a move would probably trigger an early general election.

Mr. Zapatero's popularity is plummeting as Spaniards are beginning to question whether such a debate is really necessary, whether there is not an easier easy way out, and whether Spain does not face more pressing problems than permanently tinkering with its national identity.

It is sad to realize that under the pretense of modernity and evolution, the Catalan project stands for an authoritarian, centralized, interventionist model that, fortunately, Spain outgrew many years ago.

Mr. Nolla teaches political theory at Universidad San Pablo-CEU (Madrid)"

Berst Sounding Boombox

Carod says that if the statute fails Zapatero's government "would have its days numbered"

El presidente CKD, José Luis Carod Rovira, has returned to warn the government of Rodriguez Zapatero for the failure of statutory Catalan project will lose support of the current ERC and ICV-EA in Congress, and predicted that neither the CiU and PNV want to replace in that support.

An article in the newspaper Avui , said the "atmosphere of anger" and "instability" in Catalonia if the project fails "would not leave a lot more output that was not the call early elections," so the tripartite "would have wrecked." Moreover, for him, "can not imagine that ERC should continue (in Congress) to be a member of the party responsible for this assault on Catalonia and "ICV did not act in a similar manner", and "CiU intended to replace each other, putting wedge to a government so clearly contrary" to the Catalan interests. Therefore, the Executive Zapatero would have the days "and advance the general elections would be" inevitable too. "

LD

Microsoft Office Recipe Book

A Preamble ambitious but unconstitutional

For Manuel Jiménez de Parga , the Royal Academy of Political and Moral Sciences, published in the ABC (21/11/2005)

It is not permissible in the public debate these days, rely on more or less rhetorical phrases contained in the Preamble, as such devoid of legal effect, to argue that everything stated in the preamble should not worry anyone. Ambitious

the Preamble of the draft Statute of Catalonia as harbors a burning desire to gain power, but it is unconstitutional. Not properly qualify the text saying only that it is unconstitutional. The prosecution has to be more severe. Not enough to say that it is unconstitutional. Is unconstitutional.

As I have written elsewhere, the rule is unconstitutional, violating a principle or provision of the Constitution. The declaration of unconstitutionality affects a computer component, without it injured the set of principles and rules within it. The provision unconstitutional, however, aims to change the foundations of political-legal structure. Things Fall Apart. On the site of what had otherwise intended to live up politically.

Here is what if one day we would enter into force on the proposed Statute of Catalonia. The English Nation, indivisible unit, common and indivisible homeland of all the English, would be the foundation of the constitutional system. Article 2 of our Great Charter would become a dead letter.

Some of those who defend the legal propriety of the draft Statute contend that most dubious claims, the most radical, found in the Preamble. For them, these statements are irrelevant. The Preamble to argue, does not contain legal rules directly applicable, but political and moral principles. Be irrelevant to the constitutional order affirms, for example, that "Catalonia considers that Spain is a multinational state", or "The Catalan law is applicable on a preferential basis." Such statements have no relevance if they are then included in the articles of the Statute.

With this argument is playing the distinction between rights and security statement rights. It was a controversy that took place between the lawyers in the late eighteenth century. The preambles of the constitutions (also now of the Statute of Autonomy) would be too vague to be considered authentic requirements, mandates to do something or quit. 'The principles enunciated in the Preambles political, or moral, but not in them mandatory legal rules ", it argues against the value of the Preamble.

has contributed to the confusion the equalization of the Preambles to the explanatory statements often lead laws. It is, however, two different kinds of texts. In the Exhibition Grounds, as its name suggests, the legislature explaining the reasons which led it to develop the new rules. The preamble, however, anticipates the ideas that will shape the constitutional system, or the statutory scheme and must state the opinions which the majority agrees.

However, in all constitutional preamble (also in statutory) there are usually two kinds of statements. Some are real legal requirements that have the same binding force as the provisions of the articles. In addition to the most amazing proclamations ("Catalonia is a nation ',' Spain is a multinational state ") we come now to the following statement:" This is a free people Status of free people, "which seems to mean that Catalonia is removed from any dependency or servitude that violates the freedom of people. "Only in Catalonia?

The Preamble, however, plenty of proclamations that are not authentic rule of law. Valga an example: "Catalonia is a country rich in land and people, a diversity that has defined and enriched and strengthened for centuries for the coming time." It is not permissible in the public debate these days, rely on more or less rhetorical phrases contained in the Preamble, as such devoid of legal effect, to argue that everything stated in the Preamble
should not worry anyone. The Constitution would be safe.

An underestimation of the Preambles Constitution has been rejected by prominent lawyers who have been interested in the subject. Particularly in France was much discussion of the Preamble to the Constitution of 1946, then reaffirmed in the text of the V Republic, in 1958. As compelling reason in favor of the binding force of the preamble said that the referendum was submitted to popular approval of all the texts, with the Preambles included, and it would be illogical downplay a statement made in the Preamble and positively sanctioned directly by citizens.

the preambles of the constitutions (and laws) must be written with special care because they serve as a guide for interpreters. They are condensed in a few paragraphs, the constituent (or estatuyente) wants to regulate. Preamble Good reduces guesswork and uncertainty that often generate policy documents.

Georges Vedel taught us that the Preamble "can introduce some order into chaos." And the master died without knowing the draft Statute of Catalonia. What do you say now? The Preamble of the draft Statute is both ambitious and unconstitutional, confused, messy. It's chaos, with his keen gaze, glimpse of the great French teacher.

Chaotic and isolationist. Juan Velarde Fuertes we just highlight that the draft Statute is pervaded by a sickly particularism: to "living apart" is accepted to live much worse. Ortega's words in 1932 Special recover today: "The Catalan problem is a common example of particularistic nationalism." They do not mind breaking ties with the rest of Spain. Are worse off economically, culturally, legally, financially, academically, but will live apart, in different ways. The big goal, "the fact differential" at hand.

Size Of Cajun Microwave

full financial autonomy is attributed to the municipalities and converts in an appendix

The Catalan Statute, article by article (XLIX)

Articles 215 to 220 of the Regulations refer to the budget of the Generalitat. Article 215 states that it "has exclusive competence to organize and regulate their finances." This violates two articles of the Constitution. Elprimero of them, 133, indicates that the "power to raise taxes for the state." The second, the 149, gives the State the exclusive competence regarding taxes. The Generalitat may manage income independently but can not "order and regulate," as this article. Article 217

attributed to emissions of the Government 'the same benefits as those issued by the State. " Will the State who must set this equation, since the General can not, for example, granting tax benefits to a debt issue. Article 218 states that the Generalitat must "establish the limits and conditions to achieve the objectives of budgetary stability." Then he clarifies that this must be done within "the basic principles established by the State and European legislation."

competentente The only legal body to make commitments of expenditure is the English Parliament. The General can not directly apply the European regulations. To conclude this section, Article 220 states that "the Generalitat may establish public companies." This means the legal recognition of unarealidad, but we must clarify that Section 128 of the Constitution states that Parliament may regulate the public sector law. Therefore, freedom of initiative of the Government should fall within this limitation. Losartículos 221 to 225 refer to the estates of local government.

Article 221, the generally attributed "ensure compliance" with the principles governing the administration of local government finances. This is an invasion of powers as municipalities are autónomos.El Article 140 of the Constitution speaks of "autonomy" of local government and places the responsibility for the management of the mayors and councilors elected democratically.

Art. 222 indicates that the general may "regulate and establish" local taxes, which again hit with the provisions of Article 140 of the Constitution. The Generalitat is also attributed abused the ability to distribute state funding to municipalities. Finally, art. 224 indca the Catalan Parliament shall pass its own law on local finances. The spirit This paragraph is converted to local councils in a mere appendage of the Government administration.

World.