Statute (V.part.Conde criticizes the use of "unreasonable" interpretations of articles in Case.
Judge of the Constitutional Court (TC) Vicente Conde, one of the discrepant with the sentence that has made this organ on the Statute of Catalonia, in his dissenting opinion criticized the use in this resolution, "in terms unconscionable", the technique "interpretations compliant", which involved a total of 27 precepts of standard Catalan.
In his view, if the court has, sto credits, avoided a declaration of unconstitutionality of rules contrary to the Constitution that are "expressive of policy options that have no place in it, giving them interpretations that alter its meaning, could generate the risk of undesirable interference Court's political dynamics.
It adds that, in some cases, the sentence of the Statute "means that sometimes make the provisions otherwise than, tera gold, in a friendly with its literal reading must understand, while others saved the constitutionality of a provision" becoming a different, as, for example, in the interpretation of various articles relating to the financing of the Generalitat.
In addition, Conde argues in his separate opinion the existence of the TC "as a real court, that is, as a court of law" and therefore, mortal gold, calls for "prudence not to interfere as the arbiter of policy options" and rejects the theses " those who accept from outside the court doctrinal instances, paladins or shamefully, their characterization as legal-political institution "
"I see no reason for the court's special commitment to ensure the supremacy of the Constitution must admit attenuation of any kind, regarding the Statute of Autonomy which (…) intends to underpin the unique political significance of the democratic choice that they reflect, "he adds.
Noting these premises, Earl goes to point out his differences with the sentence passed on largely by their consideration of the Statutes of Autonomy should not include rights and duties of citizens or regulations affecting organs or institutions. PREAMBLE
With regard to the inclusion of the term "nation" in the Preamble, Conde believes that what is stated in the ruling, denying legal effectiveness of this term is an intelligent interpretation output compliant ", although it is not" totally convincing. "
In his view, the sentence should have affected bluntly that the statements contained in the Preamble are contrary to the Constitution, and this should affect the consideration of articles 2.4,5, 6 and 8.1 (relating to governing rights, historical rights , own language and national languages and symbols) that are underpinning the national configuration of Catalonia in the statutory text.
It also considers unconstitutional items not considered as such by the decision as stating that "the powers of the Generalitat de Catalunya emanate from the people" as well as alluding to historical rights. The constitutionality of two provisions is described as "insurmountable." LANGUAGE
With regard to the language and the official languages, Earl acknowledges that it is "no doubt" that a language "is sometimes used as an instrument of nation building", ie "as a basis for claiming the status of nation to the community that speaks. " In this function of language which in the opinion of Judgeis difficult to fit into the Constitution.
In this sense, assert that there is enough to remove the term "prrential" Article on the language and that the status issue is the use of the term "the" number in that article 6 of the Statute, which in his opinion " has a virtual exclusive "of other languages. Says it is not the same as saying that Catalan is "the language of normal use" which means "language of normal use."
Conde also disagrees with the decision entirely on the imposition of the duty of knowledge of Catalan citizens of Catalonia, as in his opinion the statute is not the most appropriate framework to include duties of citizens.
It also considers unconstitutional article 33, which governs the linguistic rights to the Public Administrations, by encroaching on the competence of the State, so as to regulate private relations in the use of language (Article 34, linguistic rights of consumers and users) although it shares the view of the decision in the interpretation of Catalan as the language "vehicular" in teaching.
Similarly, the dissenting judge is positioned for having set aside, as well as unconstitutional, the articles concerning the relations of the Generalitat with the Court of Auditors, vegueries (to silence the province statute as an element of territorial organization of basic Cataluna).
In addition, Conde disagrees "radical" with the precepts of the statute rrred to the Judiciary in Catalonia, being an area in which this type of legislation should not be restricted to enter through an Organic Law. Also criticized for "forced" treatment by the sentence to the contents of the standard powers reserved to the ground that the state's unique "can not be mediated by any kind of intervention" in them of an autonomous community.
As for the regulation of immigration, the judge recalled that Article 149 of the Spanish Constitution reserves to the State the exclusive competence of the subject, so that it disagrees with the interpretation of the court's majority, while criticizing the sentence longer open the possibility that certification may be obtained academic degrees of validity only in Catalunya, the very existence of the Bilateral Commission State Government and the solutions they arrive at the decision in rrence to the financing of the Generalitat.
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