After nearly three years of slow deliberation and continuous tactical skirmishes that have damaged the cohesion and eroded its prestige, the Constitutional Court may be about to deliver verdict on the Statute of Catalonia , promulgated on 20 July 2006 by the Head of State King Juan Carlos , with the following headline: "Know: that the Cortes Generales have approved the citizens of Catalonia have ratified in referendum and I hereby sanction the following law organic. " Be the first time since the democratic restoration in 1977 that the Supreme Court decides on a fundamental law ratified by the voters.
The expectation is high. The expectation is high and the concern is not limited to the evidence that the Court has been pushed by events to act as a fourth chamber , confronted with the Catalan Parliament, the Cortes Generales and the public will freely expressed at the polls. Again, this is an unprecedented situation in a democracy. There are, however, more concern. Of the twelve judges comprising the court ruling may be issued only ten, since one of them (Pablo Pérez Tremps) is disqualified after a heavy move clearly aimed at changing the balance of debate, and one (Roberto García-Calvo) has died.
Of the ten judges voting, four remain in office after the expiry of its mandate, as a consequence of the sordid dispute between the government and the opposition on the renewal of a recently defined entity José Luis Rodríguez Zapatero as the "heart of democracy." A heart valves with sealed, since only half of its members are now free from accident or extension. This is the court of appeal that is about to decide on the Statute of Catalonia. We respect the court-respect undoubtedly superior to that on several occasions this has shown to himself will not make further reference to the causes of delay in sentencing.
The definition of Catalonia as a nation in the preamble of the Statute, with the resulting emanation of "national symbols" (did not recognize the Constitution, in Article 2, an integrated Spain regions and nationalities?), Right and duty to know the Catalan language, the articulation of the Judiciary in Catalunya, and the relationship between the State and the Government are, among others, the most obvious sticking points of the debate, according to versions of the same, since that a significant part of the court seems to be opting for uncompromising positions. Some people dream of back surgeries iron complex root curtail English. This could be, unfortunately, the touchstone of the sentence.
no mistake, the real dilemma is forward or backward, acceptance of the democratic maturity of a plural Spain, or blocking it. Not only are in play this or that article, at stake is the very dynamic constitutional spirit of 1977 that made possible the peaceful transition. There is reason for serious concern as it may be maturing a scheme to transform the sentence on the statute in a real institutional cerrojazo . Anti castling maximum under the Constitution, which is none other than its open and inclusive.
The Constitutional Court therefore will not decide only on the lawsuit brought by the Popular Party against an organic law of the state (now PP reapproximated to Catalan society with constructive attitudes and flattering speeches.) The High Court will decide on the actual size of the English framework of coexistence, that is, on the most important legacy that the people who live and staged a change of regime in the late seventies transmitted to the younger generation, educated in freedom fully embedded in the complex European supranationalism and confronted the challenges of globalization, which relativized stiffer seams of the old nation state. At stake are the agreements that have made profound thirty years virtuosos in the history of Spain. And at this point is essential to recall one of the main spine of our legal system, rooted in Roman: pacta sunt servanda . The agreement requires.
There is concern in Catalonia and throughout Spain need to know. There is something more than concern. There is a growing weariness at having to endure the angry eyes of those who continue to receive the Catalan identity (institutions, economic structure, language and cultural tradition) as the manufacturing defect that prevents Spain dream and impossible to achieve uniformity. The Catalans pay taxes (no statutory privilege); contribute their efforts to transfer income to the poorest Spain, facing economic globalization without substantial benefits from the state capital, speak a language with greater population than bellows several official languages \u200b\u200bin the European Union, a language that instead of being loved, is often subjected to obsessive scrutiny by the official English, and abide by the laws, of course, without giving up their peaceful and proven ability to hold citizenship. These days, the Catalans think, above all, their dignity, should be known.
We are on the eve of a very important decision. We hope that the Constitutional Court decides in the circumstances of the case at hand, which is none other than the demand for improvement of an old self-European people, remembering that there is no absolute justice only justice of the case , and therefore the legal basis for excellence is prudence. We return to remember: the statute is the result of a double political pact subject to a referendum.
Make no mistake, or misunderstood the inevitable contradictions of current Catalunya. That no one misses the diagnosis, many are the problems, troubles and disaffection. We are not facing a weak society, prostrate, ready to assist impassive to the impairment of its dignity. We do not wish to imply a negative outcome and trust in the probity of the judges, but anyone who knows Catalonia doubt that the recognition of identity, self improvement, obtaining financing and just a quantum leap in the management of infrastructure are and remain steadfastly claims raised a huge political and social support. If necessary Catalan solidarity will articulate the legitimate response from a responsible society
