Statute of Autonomy of Catalonia
The Statute of Autonomy of Catalonia is a Spanish Organic Law and forms the basis of the legal order of the Catalonia Autonomous Region. It is recognized in Article 147 of the Spanish Constitution as part of their own legal system and governs the rights and obligations of the citizens of Catalonia, their political institutions, their responsibilities and relationships with the Spanish State and the financial resources of the Generalitat de Catalunya. These consist of the conditions laid down in the Statute of Autonomy political institutions.
The Statute of Autonomy of 1979
The first democratic elections since 1936, led on 15 June 1977 to a political majority, which aimed at the restoration of the Generalitat and autonomy. This had been disbanded in January 1939 by an Act of the Spanish State. In the following diada Nacional de Catalunya on September 11, 1977 demonstrated almost a million Catalans in Barcelona for Llibertat amnistia, Estatut d' Autonomia (, freedom, amnesty, Autonomy Statute ').
This forced the Spanish government under Adolfo Suárez to restore a provisional Generalitat on September 29, 1977, to permit the re-entry of former President Josep Tarradellas from exile. This was formally appointed president and a provisional government formed around the Statute of Autonomy and prepare for the following parliamentary elections.
The statute was confirmed by a referendum in Catalonia and ratified by the Cortes Generales, the Spanish state in November 1979. On December 18, signed in 1979 King Juan Carlos I. The Statute of Autonomy of Catalonia as an organic law of the state. It entered into force on 31 December.
The draft Statute was of Deputies and Senators of the Parliament of Catalonia, the elaborated " Commission of Twenty " in a Parador in the municipality of Vilanova de Sau. The statute is therefore also called the " Statute of Sau " and follows the tradition to name the statutes of Catalonia according to their point of origin - as well as the " Statute of Núria " 1932.
The Statute of Autonomy of 2006
The political institutions of Catalonia were based until 2006 on a Statute of Autonomy of 1979. September 30, 2005 the Catalan Parliament of the " design of a new Statute of Autonomy for Catalonia " decided, also called the " statute of Miravet " according to the venue.
On 2 November 2005 the Statute of Miravet was submitted to Congress and explained by three speakers of the Catalan Parliament. The spokesman for the Catalan parties CiU, PSC and ERC justified the need to reform the existing Staff Regulations of 1979 so that they have been treated at that time in a convention with numerous politicians of the former Franco regime. It would have the changes since the entry of Spain into account in the European Union 26 years ago, and the fact that Catalonia was a nation.
After a long and emotional negotiations of the parties represented in Congress about half of the articles in the Statute design were changed. On 10 May 2006, the Spanish Parliament the statute finally agreed to by the votes of PSOE, CiU and IU. ERC, EA and PAR abstained and PP voted against.
In a final referendum on 18 June 2006, 73.9 % of Catalans were in favor of the new statute. However, the biggest disappointment was the low turnout of about 49 % of the electorate.
After King Juan Carlos I of the Statute, signed on 19 July 2006, it entered into force on 9 August 2006.
Proceedings before the Constitutional Court
On 31 July 2006, the PP ( Partido Popular) filed a judicial review with the Constitutional Court (Tribunal Constitucional ) with which they attacked 114 of the 223 articles of the autonomy statute as unconstitutional. After nearly four years of deliberations, the court announced on June 28, 2010 judgment. After 14 articles in total or in part, are unconstitutional. For 27 more are certain provisions that and how they are to be interpreted as unconstitutional by the more detailed comments in the grounds of judgment. Regarding the highly controversial designation of Catalonia as a "nation" in the preamble to the Statute of Autonomy, it ruled that this unfolds no legal effect in the interpretation of other standards ( in particular from the nothing can be deduced, from which may arise a special place in Catalonia in comparison to other Autonomous Communities that are not defined as " nation "). Moreover, the action was dismissed.
Reactions to the verdict
The judgment of the Constitutional Court caused great indignation among the population and the various institutions of Catalonia. On the initiative of the Cultural Association Cultural Òmnium then called over 200 groups and institutions under the slogan Som una Nacio. Nosaltres decidim! ( We are a nation. We decide! ') For a rally on July 10, 2010 in Barcelona, to the took to the streets over a million citizens.
In many city and county parliaments declarations and resolutions were passed in favor of the Statute of Autonomy. The city of Barcelona convened a special session of the City Council. She found the great importance according to the medieval Salò de Cent instead, the historic council chamber of the year 1369th The city councils of all political direction except the PP defended in a sharp joint statement, the contents of the Staff, called to participate in the rally, and condemned the attitude of the Constitutional Court. Also in the councils of the cities of Girona, Lleida and Tarragona similar resolutions were passed. In addition, the Diputaciones Provinciates, the self-governing bodies of the provinces of Barcelona and Lleida, which come under the State directly, the general indignation joined. Mayor and councilors wrote a manifesto for freedom of choice, which was joined by around 1,400 mayors and elected officials by the end of August 2010.
The local council of El Port de la Selva satisfied first town not with a decree in favor of the Statute of Autonomy. He declared himself beyond " morally excluded from the Spanish Constitution ," for the pursuit of self-determination in Catalonia find, in the judgment of the Court no more room within the Constitution. In addition, the council, the Spanish sovereignty over Catalonia in question. By December 2010, over 110 more towns and cities followed suit, including nine main towns of Comarcas ( county seats ) ..
In total level welcomed the Spanish PSOE - unlike their Catalan sister party PSC - the judgment with which the constitutionality of the Statute of Autonomy was confirmed in the central points. The conservative PP wanted to know not evaluated the outcome of the case as a failure. Even if only a single rule were declared unconstitutional, in their view would have been justified by the claim. The left IU joined the criticism of the Catalan parties to the judgment.