The disconnection law: its characteristics and consequences

Catalan MonitorNews Roundup, Vilaweb

Junts pel Sí and CUP accorded the contents of the Law of Juridical Transition at the end of 2016. This agreement was the result of over half a year of debate, carried out with utmost discretion, in which the different articles were worked upon in the time framework established in the General Political Debate (akin to a State of the Nation debate). In fact, the text took as a reference the recommendations of the Consulting Council for National Transition and their white paper. In this article, the previewed contents are explained. The law will be passed in few months so as to call for the self-determination referendum.

The objective of this law is expressed on the article 1 of the text: “Catalonia constitutes itself into a democratic and social republic of law.” One must take into account the will to guarantee the maximal juridical security in the transition to the new republic, once the independence referendum is done and won.

The law contains the following titles:

Preamble

  1. General dispositions, nationality and territory;
  2. The succession of legal orders and administrations;
  3. Rights and Obligations;
  4. The institutional system;
  5. The judicial power and the administration of Justice;
  6. Finances;
  7. Independence Referendum;
  8. The constituent process;
  9. Final dispositions and misapplications;

The most decisive law

The law of Juridical Transition is the most important legislative tool for the disconnection from Spain and the establishment of the new Catalan legality. If the laws of the public treasury and social security will define the main state structures for the first months of the new state, the foundation law, as it has been proposed to name it, is the one that will be used for the proclamation of the republic, that is, a de facto independence law.

It is the law that has to allow the creation of a new legality derived from the democratic mandate and that will prevent legal vacuums in the access to independence.

It will regulate the basic elements such as territory, nationality, citizenship, language regime and government institution and, as well, it will declare the continuity -except for the negotiated exceptions- of the application of the current legal regime (Catalan, Spanish, European and International) in Catalonia.

The law also defines the continuity -by means of subrogation- of the contracts of the Spanish state and the Catalan government and the possibility that civil servants and other public workers  of the Spanish state in Catalonia may integrate into the public administration of the new Catalan state.

Source: Vilaweb, 26th of April, 2017

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