Moncloa and Generalitat has reached a agreement so that the Government will not challenge before the Constitutional Court the change of the law of Catalan consultations which should serve to support consultation with Winter Gamesinterpreted as being “connected” to the powers of Catalonia.
A few months after the Government of Pedro Sánchez first expressed its doubts about the decree law, both executives agreed that “solution to existing differences” in terms of its constitutionality and taking into account the controversy, as advanced by Ser Catalonia and EFE confirmed sources familiar with the agreement.
The agreement between the two governments was closed within the framework of the Regulatory Monitoring and Conflict Resolution Subcommittee, which is part of the State-Generalitat Bilateral Commission and previously avoided other conflicts of jurisdiction.
As confirmed by these sources, it is an “interpretative” agreementwhere both parties agreed on the interpretation that the change of law carried out by the Generalitat is “connected” to the powers of the Catalan Government and has the scope established by the jurisprudence of the Constitutional Court.
The Olympic Games project, source of change
On March 15, the Generalitat approved a decree law to change the current law and thus allow the Catalan president to have the “legal basis” to call only a consultation in a part of the territory, since the law until that moment. he can only call it for all the citizens of Catalonia.
In that urgency, The Government changed the law 10/2014 of popular consultations non-referendums to promote supra-municipal consultations, with the aim of adding a point that allows the president to “promote and conduct consultations simultaneously in more than one municipality, region or verguería, in matters of relation to the powers or interests of the Generalitat” .
Until that moment, the law only considered that the consultations included either the entire Catalan territory or a specific municipal area, county or veguería, and in fact between 2016 and 2021, according to the Generalitat, 30 consultation was carried out by local endorsements.
In this addition, the Government established that consultations of a supra-municipal scope greater than the municipality, region or veguería can be done, with an eye after the consultation of the candidacy project for the 2030 Winter Olympics, which planned by the Government. to meet with the citizens of the regions of the Pyrenees affected by possible games.
An Olympic project that, in any case, was left dead after the failure of negotiations between Catalonia, the Spanish Olympic Committee (COE) and the Government of Aragon, which failed to reach an agreement to promote a joint candidacy.
Moncloa expressed his “doubt” about the law change
In June, the minister’s spokesman for the Government, Isabel Rodríguez, Moncloa’s “doubts” about whether the Catalan Government has power have been confirmed to carry out supra-municipal consultations, although in any case it was already that the talks began to “advance” an agreement so that the approved consultation decree “is in accordance with the Spanish legal system”.
The minister has already explained that this issue is being analyzed by the legal services of the Ministry of Territorial Policy and the goal is to reach an agreement with the Generalitat to avoid a challenge before the Constitutional Court.
Five months later, the agreement between the Government and the Generalitat resulted in the interpretation that this change was connected to the powers of the Generalitat.
But both parties also agree in the interpretation that calls for non-referendum popular consultation at a supra-municipal level have the purpose of “gathering the opinion of the legitimate people on a specific action, decision or public policy that is within the scope of the powers. of the Generalitat , without affecting the powers of local entities or violating local autonomy,” according to the text of the agreement, according to those sources.
Therefore, the two parties consider that the differences have been resolved and the dispute is “ended”, where they agree to notify this agreement to the Constitutional Court, in addition to entering it in the Official State Gazette ( BOE) and the Official Gazette of the Generalitat of Catalonia.
Source: La Verdad
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