Constitutional Renovation and Reinforcement

09/07/2010

Fernando Rey: “The charter approved by the Catalonian Parliament was impossible to fit within the Autonomic State, because it advocated a confederal-type model and not federal, both regarding the identity issue of Catalonia and the financing issue. The Catalans sought a financing model similar to the ‘Basque-Navarre’ one”

“The thesis that going against the charter is going against Catalonia is a fallacious argument. On the contrary, going against the statute of Catalonia is defending the Constitution, the constitutional order”

“The thesis that only a minimal part of the charter has been declared unconstitutional and that, essentially, the statute is a constitutional text, is completely pathetic. A rule is not decided ‘in general’. The decision pronounces itself on the core statements of the charter. The set of interpretations produced in accordance with the law are as important or even more than the unconstitutionality of some articles”

“Beyond the decision, the prevailing issue is the problem of the autonomic State and its future. In general, it’s a successful model and, obviously, an irreversible model. It has come to stay, it’s been with us more than 30 years and it’s not going to change”

“The greatest deficit in the building of the autonomic State lies in the collaboration and cooperation relations among the Autonomous Communities, and between these and the Central State. The Presidents’ Conference was a good, interesting try but it failed because it was subject to the agenda of the central Government”

“The autonomic State has to combine the greatest possible decentralisation with a rediscovering of the Spanish nation’s identity. The liberal-conservative tradition has to rediscover a modern account that is democratic, decentralising but unifying. An idea of Spain”

Enrique Álvarez Conde: “This is one of the decisions on the Charter of Catalonia, but there are five more remaining. Pending are several appeals with challenged articles that don’t exactly coincide with the decision already delivered”

“I think it is a good idea that the TC renovates itself as soon as possible, but not with people that are but a mere mouthpiece of parties. We must think about the model of constitutional justice we want”

“The current decision on the charter doesn’t look that bad, but the demand was that the Court delivered real constitutional pedagogy, that permanently closed the autonomic model in its evolution and, as far as we know, it doesn’t do so. On the decision on the Charter of Valencia it did more pedagogy, but in this case, with the challenging of the whole charter, only a series of observations have been made on the concept of statutory reserve and on the position of the charter in the sources system”

“The decision is acceptable, but the unconstitutionality affects only the charter, it does not extend to the development legislation emanating from the Parliament of Catalonia, although they could have some type of effect. Up to now, only the Catalonian laws on education has been challenged. The sensible thing would be that the Catalonian Parliament modified them, but for political reasons that will not be done. Similar articles of other autonomy charters shall have to be understood as the TC has understood this one”

“We have to completely lock the Constitution’s State model. The Council of State already suggested some amendments: eliminating the transitional legislation from the Constitution and changing the reforming procedure of the autonomy charters”

“The Government’s intention of developing through laws what the TC has not allowed is a mistake”