2013/03/16

A Legal Referendum



Catalonia has broadened still further the majority favourable to the exercise of the right to decide her future through the democratic institution that best reflects the will of the people: Parliament. The figures are overwhelming, well over two thirds. 104 MPs in favour, 27 against and 3 abstaining.

The result is clear, whether here in Europe or in China. There is no doubting the wish of the people in Catalonia, expressed through their elected representatives. The democratic legitimacy is resounding. Yet from Spain they reply with a legal stonewall. In Brussels, Mr. Rajoy has repeated the same old argument: what is not contemplated in law cannot even be put forward. You can speak about anything, but not anything outside the law.

This fallacy that sometimes makes us doubt must be laid bare. What they are basically saying is that they are really very sorry, but nothing can be done about it. If the Constitution is strict it is not their fault. To sum up, the referendum cannot be held even if they wanted to.

This legal wall would be insurmountable if it weren't a lie. We are not facing a legal obstacle but a political one. There is a clear procedure in the Spanish Constitution which is applicable to the Catalan case: Article 150.2 asserts that the State may transfer or delegate to the autonomous communities, by means of an organic law , those powers corresponding to the State. In point of fact, this has been the British solution in the case of Scotland. London has invested in Edinburgh the power to call referendums, doing so exceptionally and transiently, while establishing that the power shall return immediately to London once the referendum has been held.

Madrid cannot come to us saying that the referendum cannot be held because it is a State power. It is a political decision. If there really is a will to dialogue and agree, Article 150.2 must be put forth. Spain knows this. Not in vain has Alfonso Guerra declared the article should be repealed.

Germà Capdevila
@gcapdevila
Journalist. Editor of digital magazine Esguard. Also contributes regularly to newspapers El Punt Avui, El 9 Esportiu, Presència and Catalonia Today.





1 comentaris:

  • dmg8ar says:
    16 de març del 2013, a les 22:28

    u go, catalonia u go

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