What is the law of legal transience


Politics

Independence of Catalonia

Agencies | Drafting

The law establishes a transitional period of approximately one year to create a Constitution and call the first elections of the Catalan Republic.

JxSí and the CUP presented and registered on August 28 in Parliament their draft Law on the legal and founding transition of the Republic, approved in plenary session and later suspended by the Spanish Constitutional Court.

Baptized as the main ‘disconnection’ law, it defines a transitory legal corpus until the drafting of a Catalan Constitution: it is a provisional Magna Carta that was expected to come into force only if the ‘yes’ to independence won in the referendum October 1.

The law indicates that it is the Government that details the deployment and this Friday the plenary session of the Parliament has voted a resolution proposal of JxSí and the CUP that urges the Catalan Executive to do so now.

CONSTITUTION BEFORE ONE YEAR

The law establishes a transitional period of approximately one year to create a Constitution and call the first elections of the Catalan Republic.

Now a six-month participatory process must begin to collect citizen proposals and then there will be special elections that would lead to a Constituent Assembly that would draft a Magna Carta in six months – which would be approved by three-fifths of the Parliament and endorsed by the Catalans.

Thus, the republic could already function “100%” in a year, and the Catalans would go to the polls three more times after 1-O: in a constituency, in the referendum of a Constitution and in the first parliamentary elections of a republic.

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THEY MAINTAIN STATE LAWS THAT DO NOT CONTRADIGATE

In the transitional period, the EU regulations, international treaties and all state laws that “do not contradict” the Catalan law of legal transition would remain in force. All those Catalan regulations that the Constitutional Court has suspended may be recovered and given legal status again.

HEAD OF STATE, BORDER CONTROL, EXPULSION OF THE ARMY

The president of the Generalitat is automatically head of state. Catalonia will assume control of the borders and customs, and will expel the Army until the future Constituent Assembly decides whether to create its own.

CONTINUITY OF OFFICIALS

The public employees of the State who provide services in Catalonia will be automatically integrated into the civil service body of the Generalitat, maintaining salary and conditions. But the need to agree with the central government on the conditions of integration of these workers is specified.

Catalan nationality will also be required to be an official of the Generalitat and to access jobs “safeguarding general interests”.

CATALAN NATIONALITY AND LANGUAGES

Whoever has Spanish and is registered in Catalonia before December 31, 2016 will have Catalan nationality: all Catalan maintain Spanish nationality, although they can ask to renounce it.

As for those who do not directly obtain Catalan nationality, the person born in Catalonia but residing abroad can request it; a Spaniard who has lived in Catalonia for at least 5 years, and the child of a Catalan father or mother.

Foreigners with ‘legal and continuous’ residence for a minimum of 5 years can also apply for nationality. And the law guarantees the co-officiality of Spanish, Catalan and Aranese.

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JUSTICE

A legal system is created while maintaining the positions of the current judges, magistrates, prosecutors and lawyers. One of the most substantial changes is the replacement of the TC by the Guarantees Chamber and the Supreme Court by the Superior Court of Justice of Catalonia (TSJC).

The president of the Catalan Supreme Court will be appointed by the Government and the attorney general by the Parliament.

The civil, social, administrative and penal judicial chambers are maintained but the military one is eliminated; and a room for constitutional guarantees is added, for nuclear resources on fundamental and electoral rights. And the Consell de Garanties Statutàries (advisory) becomes the Consell de Garanties Democràtiques (binding).

AMNESTY TO CONDEMNED BY THE SOVEREIGN PROCESS

Amnesty will be given to all those “investigated or convicted of procedures related to the independence or the construction of the republic” -which includes former president Artur Mas and former councilors Irene Rigau, Joana Ortega and Francesc Homs-.

SOVEREIGN HACIENDA AND PENSIONS

The Generalitat will be the only tax authority and the State Tax Agency will not collect in Catalonia: citizens, companies and institutions must pay taxes in the Catalan. The details of the transfer and the changes are left in the hands of government decrees on the tax network.

The law also does not include a provision on what will happen to the part of the State debt that corresponds to Catalonia, but indicates that it will be a fundamental part of a negotiation with the State Executive.

It is guaranteed that every Catalan receives his pension and social benefit, although without specifying how.

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George Holan

George Holan is chief editor at Plainsmen Post and has articles published in many notable publications in the last decade.

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