The Ministry of Territorial Policy and Democratic Memory has sent this Wednesday to the Generalitat Valenciana the proposal to start the negotiation process on the so-called Law of Concord approved by the Valencian Government before Vox left the Executive by order of the national leader of the party, Santiago Abascal. The new law repeals the Law of Democratic Memory of 2017 and goes back to 1931 to recognize, according to Vox, “all victims of social, political violence, terrorism or ideological and religious persecution.”
The opening of a negotiation period between both administrations is included in the Constitutional Court’s own law, which indicates that either of the two administrations can request the convening of a bilateral cooperation commission to avoid appealing to the court. Currently, the Generalitat and the Government are already negotiating the Law on Educational Freedom in this bilateral agreement, on which 50 deputies, led by Compromís, have already presented an appeal to the Constitutional Court. The Generalitat, presided over by the popular Carlos Mazón, has until Monday 30 to accept or reject the proposal for dialogue.
In Castilla y León, its president, Alfonso Fernández Mañueco, has buried the law before it was approved and after Vox also left his government.
The Government’s opposition to the Law of Concord is based, among other reasons, on the fact that, according to the legal services of Moncloa, the text, like the one proposed in Aragon and already suspended by the Constitutional Court, “invades state powers, breaks the international consensus and does not respect the Constitution.”
According to these same legal services, “the similarities are clear” between the laws of the Valencian Community and Aragon. These similarities translate into the repeal of the previous democratic memory regulation, “in both cases, aligned with state legislation and with the principles of International Human Rights Law on democratic memory”. The Government also finds as a reason for the appeal that the new text cuts the rights and protection of victims of serious human rights violations, “also preventing the full effectiveness of state regulations in numerous areas of regional and local competence”. Therefore, the Government considers that it does not respect the international consensus on victims of serious human rights violations, that the concept of victim, the right to truth and the right to reparation are compromised and that there is a direct confrontation between this law and important aspects of the Universal Declaration of Human Rights, the Charter of the United Nations, the Third Geneva Convention and the resolution of the United Nations Assembly.
The legal services also understand that since it is the Constitution that indicates that the rules relating to fundamental rights and freedoms will be interpreted in accordance with the Universal Declaration of Human Rights and the international treaties and agreements on the same matters ratified by Spain, the Valencian Law of Concord is outside the Constitution.
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