Speaking of Catalonia's reason (I) Julio Anguita

12/09/2017  A purpose of Catalonia 's reason (I) Julio Anguita Rebellion stupefaction, discomfort, if not disgust, are the impressions that many citizens we produce messages from the web, many commentators comments and statements of charges politicians on the call, but legally impeccable politically rather slapdash, the referendum in Catalonia next October 1st. I'll ignore, for now, insults, disqualifications and own zafiedades of thuggery and ultras ignorance, to focus on the development of logic: the fundamental text of our legal and political system, in response to those who disagree that call is not carried away by the worst of themselves.


It is often argued that the 1978 Constitution can not be breached or violated by the unilateral action of the Parliament and the Government of the Generalitat. The truth is that, at this point, it of violating the Constitution is already a daily practice when it is breached and obviated at the time that their contents of social or economic policy not only do not apply, but rules against them, especially with regard to the Preliminary and Titles VII. Let us not forget that ill-fated constitutional reform of Article 135 which social rights of citizenship were relegated in terms of prioritizing the payment of a debt of dubious legitimacy. Quite a frontal attack on the fundamental rights enshrined in the Constitution. Remember also repeated reprimands and condemnations that the UN or the High Court of Justice, make it the Kingdom of Spain on violations of Human Rights and other constitutional contents. It can be said that the referendum strictly speaking Catalan is a fact that marks the degradation of our call rule of law. The scaffolding on which the transition was built long ago was overtaken by economic, social, political, institutional and cultural. The 1978 constitutional pact was made on the conceptual and political balancing act that this difficult situation demanded. So today, unresolved problems come to collect outstanding invoices for payment, for the reasons given, it was not done in time and hour. But let's get to the point. They will make the Kingdom of Spain on violations of Human Rights and other constitutional contents. It can be said that the referendum strictly speaking Catalan is a fact that marks the degradation of our call rule of law. The scaffolding on which the transition was built long ago was overtaken by economic, social, political, institutional and cultural. The 1978 constitutional pact was made on the conceptual and political balancing act that this difficult situation demanded. So today, unresolved problems come to collect outstanding invoices for payment, for the reasons given, it was not done in time and hour. But let's get to the point. They will make the Kingdom of Spain on violations of Human Rights and other constitutional contents. It can be said that the referendum strictly speaking Catalan is a fact that marks the degradation of our call rule of law. The scaffolding on which the transition was built long ago was overtaken by economic, social, political, institutional and cultural. The 1978 constitutional pact was made on the conceptual and political balancing act that this difficult situation demanded. So today, unresolved problems come to collect outstanding invoices for payment, for the reasons given, it was not done in time and hour. But let's get to the point. It can be said that the referendum strictly speaking Catalan is a fact that marks the degradation of our call rule of law. The scaffolding on which the transition was built long ago was overtaken by economic, social, political, institutional and cultural. The 1978 constitutional pact was made on the conceptual and political balancing act that this difficult situation demanded. So today, unresolved problems come to collect outstanding invoices for payment, for the reasons given, it was not done in time and hour. But let's get to the point. It can be said that the referendum strictly speaking Catalan is a fact that marks the degradation of our call rule of law. The scaffolding on which the transition was built long ago was overtaken by economic, social, political, institutional and cultural. The 1978 constitutional pact was made on the conceptual and political balancing act that this difficult situation demanded. So today, unresolved problems come to collect outstanding invoices for payment, for the reasons given, it was not done in time and hour. But let's get to the point. The 1978 constitutional pact was made on the conceptual and political balancing act that this difficult situation demanded. So today, unresolved problems come to collect outstanding invoices for payment, for the reasons given, it was not done in time and hour. But let's get to the point. The 1978 constitutional pact was made on the conceptual and political balancing act that this difficult situation demanded. So today, unresolved problems come to collect outstanding invoices for payment, for the reasons given, it was not done in time and hour. But let's get to the point.
Article 2 of the Constitution literally states: 

"The Constitution is based on the indissoluble unity of the Spanish Nation, the common and indivisible all Spanish nation and recognizes and guarantees the right to autonomy of the nationalities and regions that integrate and solidarity between them".

Text two clear statements and logical consequence are deduced. The first statement is the common and indivisible Spanish nation homeland. The second is that there are two distinct sets territorial: nationalities and regions. The consequence is obvious, there must be some difference between them by having different names. Do they respond to different content words, nation and nationality? Here lies a part of the conflict discussed today. Here are some opinions on this issue. 

The seven deputies who formed the constitutional paper (so they were called fathers of the Constitution) were of the opinion that:

Manuel Fraga (AP) Professor of Constitutional Law, nation and nationality are words with the same meaning. For that reason opposed to incorporate the word nationality to the text of the paper. so also believed Gregorio Peces Barba (PSOE), Professor of Philosophy of Law, Jordi Solé Tura (PCE-PSUC), Professor of Constitutional Law and Miquel Roca i Junyent (CiU), Professor of Constitutional Law. Peces Barba is reached argue that Spain was a nation of nations. Roca meanwhile said that nationality was lacking a nation state. The three remaining speakers and lawyers by profession, who militated in UCD, José Pedro Pérez-Llorca, Miguel Herrero and Rodriguez de Minon and Gabriel Cisneros, did not see the introduction of the term appropriate nationality for the consequences that could result in the future. The fact is that this issue caused intense debate within the drafting committee, in the political world and the law. Finally it reached agreement and both words were introduced into the constitutional text. Why?

If some definition could be done in Spain at that time was that of a non-formal Dictatorship. Suarez was a president questioned by his former co-religionists of the Franco regime still controlled many institutions and many resources of the state. The pressure from the military (oversized interesadamente by Tyrian and Trojan) was a nostalgia for the past without future project, but was a strong psychological pressure. However, pressure from the powers of the economy that needed the constitutional pedigree to access the Common Market was the final. And all this in the context of a serious economic crisis, a high unemployment rate and serious social problems of all kinds. For that reason he prevailed that the word would cater nationality in the Constitution. The children of Franco, for the sake of what they called general interests, they had to accept a term along the Right to Self-determination was one of the hallmarks of the militant and underground left (especially PCE) and also pursued nationalist PNV, CiU and others. Needless to say everyone was aware that talk of nationalities was referring to Catalonia. Basque Country and Galicia.

On this question the Constitutional Court, following an appeal of unconstitutionality filed by PP, declared unconstitutional several articles of the Statute (which had already been approved in a referendum by 73'9% of voters, 48.5% of the census), sentenced on July 9, 2010: 
the Constitution knows no other (nation) that Spanish nation. One can speak of nations as a cultural, historical, linguistic, social and even religious reality. 

The nation that matters here is solely the nation 's legal and constitutional sense. 
From what has been thus far some conclusions can be drawn.

The debate on nation and nationality is quite serious and not the whim of a few hotheads. The testimonies that have previously exposed and are a brief sample of those that exist, confirm. 
After the words of the Constitutional Court over the nations as cultural, historical realities, etc. it can be deduced, disregarding the religious fact that Catalonia only nation lacks access to be provided legal and constitutional reality. It is a constitutional change. A purely political issue in which the protagonists are the Pueblo español, the Parliament, the Catalan people and their institutions of self - government.

 Consequently essentialist speeches and nostalgia of an idyllic story that never existed, does not help to address certain issues requiring tact, patience, prudence, democratic attitude, willingness to learn and some knowledge of history and realities of the peoples of Spain. 
Julio Anguita. Collective Prometheus. FCSM.