Greetings all,
I want to inform you that you are still in time to file individual claims on a recourse of unconstitutionality of the Statute of Autonomy.
I leave at the end of the message the model used by most, so you can "copy and paste it in word. The appeal must be filed
before March 1 and you can do in the following ways:
* Through the single point of administration can be delivered in Sub
Government of any provincial capital in Delegations from the various ministries or in the representations of the regional governments, bringing original and two copies. sealed the three and left with two, returning a signed copy as a receipt. * For
mail to: Zurbano, 42 - 28010 Madrid, taking the envelope, with the start address and the original and the copy of the appeal , in both sealed mail, sending the original in the envelope and staying with copy as a receipt.
*
By internet: http://www.defensordelpueblo.es/ *
by fax at 913081158 * In person at the Board of Visitors, C / Zurbano n º 42, Madrid on public service hours Monday through Friday from 9 to 14 (morning) and Monday through Thursday from 16 to 18 hours. The text of the constitutional complaint is annexed and is very simple, just fill in your details and send to print any form.
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MODEL OF THE
THE OMBUDSMAN
C / Zurbano , 42 28010 MADRID
(Name) ___________________________ with ID No ____________ and address in C / CP _____, _______________________ (city) and phone number __________, appear before the Ombudsman and, in the most appropriate in law,
SAYS:
FACTUAL BACKGROUND
ONLY. - On 1 December, two thousand seven was published in the Official Gazette the new Statute of Autonomy of Castile and Leon, approved by Law 14/2007 of November 30.
Article 91 of the new statutory language, which bears the heading "Reform of the Statute", provides the first point "The reform initiative before the Cortes de Castilla y León correspond to a third of its members or the Junta de Castilla y León" in its third point that "the reform proposal approved by the Cortes de Castilla y León be sent to the Congress of Deputies. Las Cortes de Castilla y León elect from among its members a delegation to participate in the processing of the proposal within a joint committee constituted in accordance with the procedure that provides for the regulation of the Congress of Deputies "and in his fourth point that "courts of Castile and Leon can collect the most qualified to determine its rules of the proposal reform at any time of processing in Parliament before it is adopted permanently. In this case it will apply the provisions below.
CLAIMS FIRST .- Go to the Ombudsman institution to make this issue a constitutional trial, as requested in the appeal of this writing, and exercise, if deemed appropriate, the powers that Constitution conferred. SECOND .-
understands that Article 91, first paragraph, may suffer from a defect in incostitucionalidad in terms of standing to initiate the reform of the Statute of Autonomy of Castilla and Leon by excluding the Parliament and Government of the Nation.
So, the art. 147.3 of the Constitution (hereinafter, CE) provides that "the reform of the Constitution shall follow the procedure laid down therein and shall in any case, approval by Parliament by Law." Also be taken into account, first, that in accordance with art. 66.2 EC, the Cortes Generales "exercise the legislative power of the state", on the other, which are organic laws "those approving the Statutes of Autonomy (Article 81 EC), and finally, that according to art. 87.1 EC, the legislative initiative the Government, Congress and the Senate, in accordance with the Constitution and Regulations of the Chambers (in relation to the latter, we must take into account, for the matter at hand, Art. 108, 130 to 132, 136 to 145 of the Regulations of the Congress of Deputies and the art. 104 to 128 and 143 of the Rules of the Senate).
The diction of the art. 91 of the current Statute of Autonomy of Castile and León, although they appear to comply with the provisions of art. 147.3 EC ("the reform of the Constitution shall follow the procedure established therein") excludes legislative initiative (in this case for reform) to Parliament and / or the Government's Office reform of the said Statute of Autonomy, which continues to be an organic law and therefore state law, as recognized for only a third of its members (of Castile and Leon) or the Board Castilla y Leon. " Therefore, the procedure laid down in the Statute of Autonomy for its reform initiative only provides it to the Deputies of the Parliament or the Autonomous Government of Castilla y Leon and in this way, we find the paradox that an Act Organic (approval of a Statute of Autonomy), the State, through the Parliament or the Government of the nation, despite having "the abstract" legislative initiative in accordance with art. 87.1 EC can not initiate the reform of the Statute of Castile and Leon as the Organic Law 14/2007, which approves the Statute of Autonomy of Castile and Leon stops him by stating that this initiative will only "one third of members las Cortes de Castilla y León and the Junta de Castilla y León. " Thus, blocking the legislative initiative of the General and / or the National Government established in the art. 87.1 EC and the legislative power of the State (art. 66.2 CE), in this case to initiate the reform of a Statute of Autonomy, the State Law, violating these constitutional provisions as well as art. CE 9.3 which states the prohibition of arbitrary action by public authorities, in this case, at the legislative level.
Instead, the Statute of Autonomy of Asturias (art. 56), Birmingham (art. 64), Cantabria (art. 58), Castilla-La Mancha (art. 54), Extremadura (art. 62), Galicia ( art. 56), La Rioja (art. 58), Navarra (art. 71), Basque country (art. 46), Murcia (art. 55), Ceuta (art. 41), Melilla (art. 41), Aragon (art. 115), Illes Balears (art. 139), Valencia (art. 81), Andalusia (art. 248) and Catalonia (art. 223) include a clear distinction between the standing to initiate the reform of the Statute of Autonomy Cortes General and / or the National Government, fulfilling the provisions of art. 66.2, 81 and 87.1 of the Constitution.
THIRD .- The third point of art. 91 of the new Statute of Autonomy of Castile and Leon states that "the reform proposal approved by the Cortes of Castile and Leon, transmit to the Congress of Deputies. Las Cortes de Castilla y León elect from among its members a delegation to participate in the processing of the proposal within a joint committee constituted in accordance with the procedure that provides for the regulation of the Congress of Deputies. " This provision may violate the Rules of the House of Representatives since, under with art. 136 to 144 thereof, Castilla y León agreed to autonomy via the standard procedure (art. 143, 144, 146 and CE First Temporary Provision), and not by the procedure laid down in Art. 151 EC, so that their processing must be carried out in accordance with art. 136 of the Regulation of Congress (later referred to the processing of projects and proposals Law, arts. 130 to 132, and this, in turn, the common legislative procedure, art. 109 to 129), and this is not establish any joint committee (or the art. 136 above, or in the processing of the proposals or draft Organic Law, or in the legislative process common), if established, though not under that name, with respect to the autonomous communities that agreed by the procedure of art. 151 EC (Article 137 et seq of the Congress of Deputies), Castilla y León still not one of those autonomous regions, as well, with this joint committee fraudulently apply for autonomy granted regulatory procedures of the art. 151 EC (those in the art. 137 et seq above) to autonomy, like that of Castile and Leon, who accessed by way of art. 143 and that must be processed in accordance with art. Regulation 136 of the Congress of Deputies (later referred to the processing of projects and proposals Organic Law and this, in turn, the common legislative procedure, where, as we have said, is not regulated any joint committee).
FOURTH .- The fourth point of the art. 91 of the Statute of Autonomy of Castile and Leon provides that "courts of Castile and Leon can collect the most qualified to determine its rules of the reform proposal at any time of processing in Parliament before it is approved in final form . In this case it will apply the provisions below. Does not exist in the regulations of the Congress of Deputies or the Senate of any regulation that enables such repayment at surprising that the regulation of a regional courts can be above the regulations of the Congress of Deputies and the Senate when they are being processed in a draft amendment of Law, given the importance that both regulations are in the hierarchy rules (Art. 9.3 EC) and the Constitutional Bloc.
For all the above,
APPEAL TO THE OMBUDSMAN,
that taking of this application, it supports and, after examining the constitutionality of the Organic Law 14/2007 of November 30, approving the Statute of Autonomy of Castile and Leon, and his art. 91 on "Reform of the Statute" appropriate to bring constitutional challenges to the Organic Law 14/2007 of November 30, approving the Statute of Autonomy of Castile and Leon in connection with the above provision (art. 91), without prejudice to extend this resource to other articles of the said Organic Act if deemed appropriate by the Ombudsman.
In Leon, February / March, two thousand eight
Signed.
