Ley de transitoriedad juridica
Referéndum en cataluña
La ley fue aprobada por el Parlamento de Cataluña el 8 de septiembre de 2017 con 71 votos a favor (de 135) de la coalición gobernante JxSí y la CUP-CC representada por 72 escaños y un 47,8% del apoyo del voto social y superando el consenso previo del marco del Estatut y la Constitución Española; el partido de la oposición de izquierdas CSQP votó en contra y el resto de partidos de la oposición abandonaron la cámara antes de la votación lo que representó una oposición de 63 escaños incluso un 48,05% del voto social.
Why was the catalan referendum illegal
Jordi Orobitg:Long live free Catalonia! One of the rapporteurs rapporteurs of the Law of JxSí, Jordi Orobitg, has been in charge of defending it in plenary. Orobitg has begun his intervention showing the gratitude of his group to the president Carme Forcadell for the «management of the plenary». He has even denounced the «contempt she has received for her condition as a woman» throughout the session.
Before entering into the content of the Law, the deputy juntero has taken the opportunity to reply to the speech of Joan Coscubiela that hours before had pronounced that has been applauded by the deputies PSC, PP and C’s standing. «Life is hard, even for those who aspired to be applauded by the politburo and end up being applauded by the most stale right wing in Europe,» he criticized.
Iceta: It liquidates the Constitution and the StatuteThe leader of the PSC, Miquel Iceta, has described the law as an instrument to «liquidate the Constitution and the Statute». For the socialist, the law «buries Montesquieu» and is «a legal botch job». «You yourselves know that it has little rigor and that it will go in the drawer of suspended laws», he criticized.
The Sala de Garanties is an organ of the Supreme Court of Catalonia (TSC) with the protective function that its name indicates. The TSC succeeds the current Superior Court of Justice of Catalonia (TSJC), and does so with a great deal of politicization. The presidents of the jurisdictional chambers of the TSC are appointed by the Parliament by absolute majority (art. 74.1). Incidentally, when establishing the electoral system, the LTJ (art. 29.3) refers to art. 56 of the Statute of Autonomy of Catalonia, which in its paragraph 2 requires that the electoral legislation be approved with the favorable votes of two thirds of the chamber. The politicization of the Administration of Justice is achieved with fewer votes. See the so-called «Mixed Commission» (art. 72). This is where the proposals for the appointment of the presidents of the jurisdictional chambers of the CST come from, and, in practice, it is comparable to a governing body of the judiciary.
Its composition is interesting. It is chaired by the president of the Supreme Court, who is elected by the Joint Commission itself, after his name has been proposed at a constitutive session of the Joint Commission. That constitutive session will be chaired by the «provisional president» of the TSC (art. 72.3). In view of what is stated in art. 66, which converts the TSJC into the Supreme Court, we can intuit that the provisional president of the TSC would be the president of the TSJC, unless he explicitly renounces to form part of the Administration of Justice of Catalonia (arts. 17 and 68). In any case, the proposal of the Mixed Commission must be approved by the Parliament by absolute majority.
Spanish constitution referendum
The deputy of JxSí, Jordi Orobitg; the president of JxSí in the Parliament, Lluís Corominas and the deputies of the CUP, Benet Salellas and Gabriela Serra, during the press conference to present the law of transitoriedad.
In the same way, the rights recognized in international treaties such as the International Covenant on Civil and Political Rights, the Universal Declaration of Human Rights or the European Convention on Human Rights would also be respected.
Article 34 of the proposal promoted by Junts pel Sí and the CUP establishes that the president of the Generalitat will be, at the same time, the head of the State, assuming its highest representation and directing the action of government.
«While the Parliament does not approve a law on the judiciary and the administration of justice, the procedural laws existing at the time of entry into force» of the transitional law will continue to apply, although it is contemplated that the reforms contained in the title referring to the judiciary will be respected after the approval of this draft.