l'article original aquí:
https://www.scotsman.com/news/politics/spanish-academics-slam-scots-support-for-clara-ponsati-1-4717121
Els comentaris d'alguns lectors defensen l'actuació d'Espanya, pq el referèndum "era il·legal". En la meva resposta defenso, argumentadament i citant fonts, que el referèndum era legal i legítim.
The new catalan statute of autonomy was approved by 120 of 135
seats in catalan parliament. After some changes where devolution was
reduced, approved also by the spanish parliament. Then approved later by
catalans in referendum. That statute allowed catalans to make
referendums. (https://ca.wikipedia.org/wi... )
The Constitutional court (that is not part of the
judicial system. is part of the political) did an interpretation of the
constitution that reduced more that statute, acting against both
parliament and the population sovereignity, and did it on an illegal
way. The process towards independence began then, there.
For javier perez royo, catedratic of constititional laws, the way in which the constitutional court was acting was a coup d'etat
( https://elpais.com/diario/2... )
The interpretation of the constitution itself was illegal, since was against
the treaties that Spain has signed. And the interpretation should be done, always, according to the frame that those treaties make.
Was illegal also since the composition of the tribunal itself was not according to the law, while was illegal also on other questions, like as example the time
they took to do it. All the procedure was full of irregularities and
illegalities. The statute that the constitutional court did was
different from the original. And was not voted on referendum (as the law
says that should be) so, since 2010, Catalonia is not legally attached
to spain. The main law that regulates it is illegal.
Ater that, a catalan delegation went to the spanish parliament, after huge
demonstrations in catalonia and the support according to polls of more
than 80% of catalan people for a referendum, to ask for a referendum
about the issue or to let catalans to do it.
Spain, according to the
international signed treaties, must have allowed it. But, having 5
different ways to allow it, forbid it.
This was in 2014 (https://www.parlament.cat/w...
Catalans have asked recently for 18 times before they tried to do it on their own. 18 times.
So, the catalan parliament, according to the catalan statute and the international laws (that spain should obey ) approved a law of referendum. The law was legal on all its
terms (ays 6 and 7 september 2017: all the procedure was legal ( https://www.vilaweb.cat/not... ) when the referendum machinery began to run. The constitutional
"court" declared it illegal, but when did it was acting illegally, since
that was against the rights of catalans as a nationality (and the
constitution says that catalans are a nationality). So the constitutional court should have interpreted the constitution according to the rights of catalans and treaties signed by spain, while acted according to the partisanism of the composition of the court (where its president was militant of the popular party: https://politica.elpais.com... )
At the moment of taking place the referendum (1st of october), was not yet illegal since the constitutional court was not yet declared it illegal. it did so on 18 of october (https://politica.elpais.com... The catalan law ofthe referendum was "in suspension" waiting for a decision, so the
referendum was not illegal. As much, was allegal. So the police battoned
paceful people for doing an allegal thing that was not known yet if would be declared legal or illegal.
According to the spanish laws, the laws, referendums are not illegal. Declarations of
independence are not illegal. And they arent also according to the
international law.
All the actions of the spanish state related to this issue, and the list is huge, are illegal. As couldnt be on any other way. does anyone thinks, common sense in mind, that casting your opinion on a ballot is a crime??
Where are the rights of expression, reunion, manifestation..? Were are the most basic human rights or the civil rights?
Defending spain in this issue is clearly puting the defender in the side of the worst of the nationalisms: the imperialism.
Europe talks about rule of law, but is on the side of breaking the rule of law and going against human rights and civil rights.
https://www.scotsman.com/news/politics/spanish-academics-slam-scots-support-for-clara-ponsati-1-4717121
Els comentaris d'alguns lectors defensen l'actuació d'Espanya, pq el referèndum "era il·legal". En la meva resposta defenso, argumentadament i citant fonts, que el referèndum era legal i legítim.
The new catalan statute of autonomy was approved by 120 of 135
seats in catalan parliament. After some changes where devolution was
reduced, approved also by the spanish parliament. Then approved later by
catalans in referendum. That statute allowed catalans to make
referendums. (https://ca.wikipedia.org/wi... )
The Constitutional court (that is not part of the
judicial system. is part of the political) did an interpretation of the
constitution that reduced more that statute, acting against both
parliament and the population sovereignity, and did it on an illegal
way. The process towards independence began then, there.
For javier perez royo, catedratic of constititional laws, the way in which the constitutional court was acting was a coup d'etat
( https://elpais.com/diario/2... )
The interpretation of the constitution itself was illegal, since was against
the treaties that Spain has signed. And the interpretation should be done, always, according to the frame that those treaties make.
Was illegal also since the composition of the tribunal itself was not according to the law, while was illegal also on other questions, like as example the time
they took to do it. All the procedure was full of irregularities and
illegalities. The statute that the constitutional court did was
different from the original. And was not voted on referendum (as the law
says that should be) so, since 2010, Catalonia is not legally attached
to spain. The main law that regulates it is illegal.
Ater that, a catalan delegation went to the spanish parliament, after huge
demonstrations in catalonia and the support according to polls of more
than 80% of catalan people for a referendum, to ask for a referendum
about the issue or to let catalans to do it.
Spain, according to the
international signed treaties, must have allowed it. But, having 5
different ways to allow it, forbid it.
This was in 2014 (https://www.parlament.cat/w...
Catalans have asked recently for 18 times before they tried to do it on their own. 18 times.
So, the catalan parliament, according to the catalan statute and the international laws (that spain should obey ) approved a law of referendum. The law was legal on all its
terms (ays 6 and 7 september 2017: all the procedure was legal ( https://www.vilaweb.cat/not... ) when the referendum machinery began to run. The constitutional
"court" declared it illegal, but when did it was acting illegally, since
that was against the rights of catalans as a nationality (and the
constitution says that catalans are a nationality). So the constitutional court should have interpreted the constitution according to the rights of catalans and treaties signed by spain, while acted according to the partisanism of the composition of the court (where its president was militant of the popular party: https://politica.elpais.com... )
At the moment of taking place the referendum (1st of october), was not yet illegal since the constitutional court was not yet declared it illegal. it did so on 18 of october (https://politica.elpais.com... The catalan law ofthe referendum was "in suspension" waiting for a decision, so the
referendum was not illegal. As much, was allegal. So the police battoned
paceful people for doing an allegal thing that was not known yet if would be declared legal or illegal.
According to the spanish laws, the laws, referendums are not illegal. Declarations of
independence are not illegal. And they arent also according to the
international law.
All the actions of the spanish state related to this issue, and the list is huge, are illegal. As couldnt be on any other way. does anyone thinks, common sense in mind, that casting your opinion on a ballot is a crime??
Where are the rights of expression, reunion, manifestation..? Were are the most basic human rights or the civil rights?
Defending spain in this issue is clearly puting the defender in the side of the worst of the nationalisms: the imperialism.
Europe talks about rule of law, but is on the side of breaking the rule of law and going against human rights and civil rights.
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