• PSOE.The Government resorts to the TC the Law of Historical Rights proclaimed by Aragon "as a nation"
  • 'Popular'. The PP appeals before the Constitutional Court the law that proclaims Aragon as "country" and "nationality"
  • President Lambán vindicates Aragon as "historical nationality"

The Constitutional Court has declared null, totally or partially, 23 of the 34 articles and three provisions of the Law of Update of the Historical Rights of Aragon . This means de facto invalidating the law passed a little over a year ago by the Aragonese Courts at the initiative of the Government of the socialist Javier Lambán, who considered Aragon as a historical nationality of a foral nature.

It was the PP who appealed the aforementioned law before the Constitutional when he understood that it was "a legal nonsense that subverts the most basic rules of law." Then the central government also joined the resource. In the sentence, known this Friday and advanced by Heraldo.es , the Constitutional Court has addressed the bulk of the appeal, but without declaring the law void in its entirety as requested by the PP.

Throughout its 56 folios, the sentence affects that the Aragonese norm not only contravenes constitutional principles, but also the Statute of Autonomy of Aragon. The chapter referring to nationality and historical rights is the one that deserves the greatest reproaches of the Constitutional, which rejects in a restrictive way that Aragon is a historical nationality of a foral nature. At the same time, it denies that the rights recognized to the historical territories included in the Constitution can be extended.

Likewise, it considers unconstitutional the original and imprescriptible character of the historical rights of the Aragonese people, since they would make them "immune to the force of forcing the Constitution". It also disassembles another of the pillars of Chapter II, dedicated to the symbols of Aragon.

The Spanish and Aragonese flags

The rule sets that the regional flag occupies the preferred place in public buildings, but the High Court recalls that the joint use of the flag can only be regulated by the State and the precept contravenes a national law of 1981 that already establishes the preeminence of The Spanish flag in all public buildings.

Regarding heritage, the Constitutional denies the historical right to return all assets outside the Community or the establishment of a preeminent right in the direction and management of the Crown Archive.

Thus, he points out that "the regional initiatives aimed at the recovery of assets of the historical heritage cannot consist of acts of rule of a public power outside the limits of its territory."

Another of the substantial issues regulated in the aforementioned law was to consider water as "common heritage of Aragon" and to establish the recovery of its management. The Constitutional maintains that the Aragonese norm "does not know" that all the superficial and underground waters "form part of the state public domain". In addition, he notes that assuming management by Aragonese institutions "transcends the limits" set in a judgment of the 2017 court itself.

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