Beyond Bounds of the Law

Today at Berria:

Madrid says “debate would go beyond the bounds of the law”

The appeal presented yesterday by the Spanish Government states that the Basque Autonomous Community Government has “deliberately” contravened the Constitution; and the Basque Autonomous Community Parliamentary Presiding Committee is aware of this and yet has broken the law by allowing the proposal to proceed

Eider Goenaga – DONOSTIA (San Sebastian)

In order to file an appeal with the Constitutional Court the Spanish Government has argued that the Government of the BAC (Basque Autonomous Community of Araba, Bizkaia and Gipuzkoa) has committed a “flagrant violation” of the Spanish Constitution by approving the proposal for a Political Statute (1). Consequently, it has stressed the fact that the debate opened on the proposal would go “beyond the bounds of the law.” Jose Maria Michavila, the Spanish Justice Minister, declared: “It is the response democracy is giving to a totalitarian plan.” The Spanish Government has asked the Court to regard as unconstitutional, annul and suspend the decisions adopted by the BAC Government and Parliament to get to proposal approved.

As announced, the State Lawyer representing the Spanish Government lodged the appeal against the Statute Proposal with the Constitutional Court yesterday. The Spanish Government is challenging two decisions in a single appeal: on the one hand the decision by the BAC Government to approve the statute proposal and refer it to the BAC Parliament and, on the other hand, the decision by the BAC Parliamentary Presiding Committee to allow the proposal to proceed. “Our aim is in no way to prohibit debate,” explained Michavila in a press conference relating to the appeal. “But Ibarretxe’s plan (1) unilaterally and deliberately breaks democratic rules and it is completely totalitarian, not only in its contents and in the two steps to allow it to proceed, but also with respect to its chosen bedfellows,” he added making a reference to “Sozialista Abertzaleak” (the parliamentary group of members of Batasuna, the outlawed left-wing Basque nationalist political party).

(1) “Proposal for a Political Statute of the Basque Autonomous Community” presented to the BAC Parliament on 26-09-03. Also referred to as the Plan of Ibarretxe, the current Lehendakari or President of the BAC Government. It describes itself as a new model of relationship with the Spanish State based on free association.

.... ... .