The formation of a new autonomous community composed of the province of León goes through article 144 of the Spanish Constitution and the approval of an Organic Law in Congress, according to the legal report commissioned by the Socialist Group in the City of León.
The study prepared by the Public Law Area of the Madrid Broseta lawyers, at the request of the mayor of the capital of Leonesa, José Antonio Diez, collects “a systematic interpretation” since “The Constitution does not foresee a reversal assumption In the field of autonomous communities, “reports Europa Press.
The magistrate of the contentious-administrative and professor of the Carlos III University of Madrid, Alberto Palomar, is the author of a report that contemplates the segregation of León of the current territorial configuration through “Theoretical approaches on which there is no jurisprudence”. The work, in charge of the local PSOE, with a cost around 7,200 euros, proposes to use the road of 144 since “it fits by being a single province and there are foundations to appreciate national interest in the process.”
National Interest Condition
For the representative of the Madrid office, that condition of “national interest” would be fulfilled in the case of León since, according to the jurisprudence of the Constitutional Court, it is “the one that exceeds the strict interests of an autonomous community, which has a framework in the that is inserted and in which The legal and social relations of those who participate can be improved. “
The future scenario of conformation of the new autonomy raised by the jurist would enter into such consideration because there is “a common identity and feeling that can vehicular towards a specific self -government system”; also of “a social interest” based on mobilizations and the different motions approved in the municipalities and in the Diputación; and a “economic interest”, in relation to access to Feder funds.
However, Alberto Palomar has stressed as “negative aspect” that in this situation There would be a injured party, which would be the rest of the provinces They are part of Castilla y León, but has clarified that, in his opinion, “at the moment the socio -political situation of the community makes León’s departure not an irreparable damage to the rest of the territory.”
In his argument, the lawyer has mentioned the possibility of segregation collected in the Statute of Autonomy of Castilla y León, although he explained that the writing of this articulated speaks of The possibility of “an enclave”which would generate an interpretive discussion about whether or not a province constitutes an enclave.
For all these reasons, he has insisted on raising the constitutional 144 route against other alternatives and has detailed that the order should first be the approval of the aforementioned Organic Law that gave the autonomy to León and subsequently the reform of the current Autonomous Statute to reorder the Territorial configuration.
To finish his exhibition, Palomar has remarked that the whole process has “a political will component“Since it happens because Congress” wants to appreciate the general interest. “” Everything else is easy to solve, “he added.
Define the road map
For his part, the mayor of León has stated that the objective of this legal document is to “define the road map in that long -awaited yearning to achieve 18th autonomy”, although he has recognized that The road will be “tortuous and complex” and has conditioned its success to coincide with the desire of the Leon.
The councilor of the Leon capital has recalled the support of more than 60 municipalities to the motions for the Leonese autonomy, support that has estimated more than 55 percent of the population of the provinceas well as the motion approved by the Plenary of the Provincial Council.
In that sense, He has set his hand to the El Bierzo region By calling “the population and the political leaders to join this claim with the objective of” getting out of this failed community “, since, in their opinion,” every month that passes “the Leon suffer more” His failure. “
“The Bierzo will be more Bierzo and will be freer in an autonomous community in León, That not in the administrative and territorial situation that we have right now, “he defended ten, as he has insisted on” working together and in a consensual way “in this objective that” undoubtedly benefits the Leon. “
“We not only defend a matter of the Leonese identity or a matter of a territorial framework, we defend something else. We defend a constitutional right that is the right of all Leonese and all Leon,” José Antonio Diez has settled.
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