Scotland independence: the case for Yes | 69 comments (69 topical, editorial, 0 hidden)

Re: Scotland independence (none / 0)

Wait a minute : is it constitutional to suspend a regional government?

_{It is rightly acknowledged that people of faith have no monopoly of virtue
- Queen Elizabeth II}

by eurogreen on Wed Sep 17th, 2014 at 03:39:47 AM EST
[ Parent ]

Re: Scotland independence (4.00 / 3)

Article 155

1. If an Autonomous Community does not fulfil the obligations imposed upon it by the Constitution or other laws, or acts in a way seriously prejudicing the general interests of Spain, the Government, after lodging a complaint with the President of the Autonomous Community and failing to receive satisfaction therefore, may, following approval granted by an absolute majority of the Senate, take the mea-sures necessary in order to compel the latter forcibly to meet said obligations, or in order to protect the above-mentioned general interests.

by gk (gk (gk quattro due due sette @gmail.com)) on Wed Sep 17th, 2014 at 03:58:41 AM EST
[ Parent ]

Re: Scotland independence (4.00 / 2)

The "suspension" of autonomy is actually a bypassing of the devolved government's authority:

155.2. With a view to implementing the measures provided in the foregoing clause, the Government may issue instructions to all the authorities of the Autonomous Communities.

A society committed to the notion that government is always bad will have bad government. And it doesn't have to be that way. — Paul Krugman

by Migeru (migeru at eurotrib dot com) on Wed Sep 17th, 2014 at 04:22:15 AM EST
[ Parent ]

Re: Scotland independence (none / 0)

How would those clauses on bypassing autonomy comport with laws and treaties forming the basis of the EU?

"It is not necessary to have hope in order to persevere."

by ARGeezer (ARGeezer a in a circle eurotrib daught com) on Wed Sep 17th, 2014 at 10:00:58 AM EST
[ Parent ]

Re: Scotland independence (none / 1)

Spanish regions' autonomy statutes are acts of the Spanish Parliament and thus subordinate to the Constitution. There would be no constitutional violation and the EU would probably have to say it's an internal matter.

The European Parliament might make nonbinding political declarations, of course.

A society committed to the notion that government is always bad will have bad government. And it doesn't have to be that way. — Paul Krugman

by Migeru (migeru at eurotrib dot com) on Wed Sep 17th, 2014 at 10:24:08 AM EST
[ Parent ]

Re: Scotland independence (none / 0)

And would the authorities of the Autonomous Communities follow such orders?

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by A swedish kind of death on Wed Sep 17th, 2014 at 02:23:45 PM EST
[ Parent ]

Re: Scotland independence (none / 0)

I suppose if they don't they might be violating the law, too.

A society committed to the notion that government is always bad will have bad government. And it doesn't have to be that way. — Paul Krugman

by Migeru (migeru at eurotrib dot com) on Wed Sep 17th, 2014 at 03:43:26 PM EST
[ Parent ]

Scotland independence: the case for Yes | 69 comments (69 topical, 0 editorial, 0 hidden)

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