to the controversial status of Catalonia, along with everyone else in Spain, including to Parliament among the agencies entitled to initiate reform. The one here, not
exposed from the Platform Pro Identity Leonesa that Article 91 of new status of Castile and Leon, "although apparently complies with the provisions of Article 147.3 of the Constitution ('the reform of the constitution shall follow the procedure established therein"), excludes -legislative initiative in this case for reform, to Parliament and / or the National Government for the reform of that statute, which no longer an organic law and therefore state law because it is only recognized for a third of its members. "
"Thus, we find the paradox that in an organic law (statute of autonomy), the State, despite having the abstract legislative initiative under Article 87.1 of the Constitution, can not start the reform of the status 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 'third the members of the regional courts or the Junta de Castilla y León, "according to reports from the said association.
Rest of Spain
Instead, the statutes of autonomy of Asturias, Canarias, Cantabria, Castilla-La Mancha, Extremadura, Galicia, La Rioja, Navarra, Basque Country, Murcia, Ceuta, Melilla, Aragon, Balearic Islands , Comunidad Valenciana, Andalusia and Catalonia "clearly include among the standing to initiate its reform to Parliament and / or national government, complying with the provisions of Articles 66.2, 81 and 87.1 of the Constitution."
Moreover, there is criticism that the third point of Article 91 of the Castilian and Leonese new statute "may violate the rules of the Congress of Deputies. The statute provides that the community of Castilla y León "elect from among its members a delegation to participate in the processing of the proposal within a joint committee," but Castilla and Leon agreed to autonomy for the ordinary procedure and processing "must be in accordance with Article 136 of the Congress, which does not make any joint committee."
As to point four, which addresses the possible "withdrawal" of the reform platform confirms that there is "in the regulations of the Congress of Deputies or the Senate regulation that enable such a return, so surprised the regulation of a regional court to be above the Congress of Deputies. One possible conclusion to be drawn from this statute is the intention to shield and eliminate any future changes on your current configuration.
"Thus, we find the paradox that in an organic law (statute of autonomy), the State, despite having the abstract legislative initiative under Article 87.1 of the Constitution, can not start the reform of the status 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 'third the members of the regional courts or the Junta de Castilla y León, "according to reports from the said association.
Rest of Spain
Instead, the statutes of autonomy of Asturias, Canarias, Cantabria, Castilla-La Mancha, Extremadura, Galicia, La Rioja, Navarra, Basque Country, Murcia, Ceuta, Melilla, Aragon, Balearic Islands , Comunidad Valenciana, Andalusia and Catalonia "clearly include among the standing to initiate its reform to Parliament and / or national government, complying with the provisions of Articles 66.2, 81 and 87.1 of the Constitution."
Moreover, there is criticism that the third point of Article 91 of the Castilian and Leonese new statute "may violate the rules of the Congress of Deputies. The statute provides that the community of Castilla y León "elect from among its members a delegation to participate in the processing of the proposal within a joint committee," but Castilla and Leon agreed to autonomy for the ordinary procedure and processing "must be in accordance with Article 136 of the Congress, which does not make any joint committee."
As to point four, which addresses the possible "withdrawal" of the reform platform confirms that there is "in the regulations of the Congress of Deputies or the Senate regulation that enable such a return, so surprised the regulation of a regional court to be above the Congress of Deputies. One possible conclusion to be drawn from this statute is the intention to shield and eliminate any future changes on your current configuration.
and courts were forced to rule on Leon
In the past, the Supreme Court already had to consider the issue of Leon region and its always difficult to fit into the current administrative district called Castilla y León. On October 13, 1983, this court deemed invalid the resolution adopted on 13 January 1983 by the County Council, favorable to separate León and Castile, which was invalidated on 28 September 1984 by the Constitutional Court, although he stated that the sentence "can not rule on the issue of whether the province of Leon may or may not segregate now or in the future, the community it belongs at present, nor on what would be the avenue through which it could achieve that goal. "
And is that the incorporation of the province of León to the current community in accordance with Article 143 of the Constitution, that is, with the approval of two thirds of local councils within six months, was very irregular. Leon politicians had made it clear that they preferred an autonomous Leon. Process
irregular
Despite this, and subsequent demonstrations for autonomy Leon identical to those occurring in other regions, "the Council of Ministers approved in 1978 the pre-autonomy of Castilla-León including the province. Suddenly, in 1980, UCD and PSOE change their minds "for reasons of state", text-, and causes the process of incorporation of municipalities of León when only was ten days to finish the term. According to researcher Miguel Angel Gonzalez, "there were allegations of coercion, failure to realize the full requirements, falsification of records and even repetitions of votes until the option in favor of Castile and Leon were the majority."
Therefore, the May 15, 1980 was appealed by irregularities in the voting process, on 55 municipalities of León-in the Audiencia Territorial de Valladolid, which was dismissed. This ruling was appealed to the Supreme Court, which did not express a clear view of the irregularities. The status of Castile and Leon, after many difficulties, was therefore the last to approve.
And is that the incorporation of the province of León to the current community in accordance with Article 143 of the Constitution, that is, with the approval of two thirds of local councils within six months, was very irregular. Leon politicians had made it clear that they preferred an autonomous Leon. Process
irregular
Despite this, and subsequent demonstrations for autonomy Leon identical to those occurring in other regions, "the Council of Ministers approved in 1978 the pre-autonomy of Castilla-León including the province. Suddenly, in 1980, UCD and PSOE change their minds "for reasons of state", text-, and causes the process of incorporation of municipalities of León when only was ten days to finish the term. According to researcher Miguel Angel Gonzalez, "there were allegations of coercion, failure to realize the full requirements, falsification of records and even repetitions of votes until the option in favor of Castile and Leon were the majority."
Therefore, the May 15, 1980 was appealed by irregularities in the voting process, on 55 municipalities of León-in the Audiencia Territorial de Valladolid, which was dismissed. This ruling was appealed to the Supreme Court, which did not express a clear view of the irregularities. The status of Castile and Leon, after many difficulties, was therefore the last to approve.
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