• The sentence.The Constitutional annuls the law that recognized Aragon as a nationality
  • PSOE.The Government resorts to the TC the Law of Historic Rights proclaimed by Aragon "as a nation"
  • PP.The PP appeals to the TC the law that proclaims Aragon as "country" and "nationality"

The president of Aragon , the socialist Javier Lambán, announced on Tuesday that his Government will apply the Law on the Update of Historic Rights despite the fact that the Constitutional Court annulled it almost entirely.

So he answered a question from the president of the PP of Aragon, Luis María Beamonte , during a control session to the Government in the Aragonese Courts. Beamonte has told him that, instead of applying what is left of that rule, "what you have to do is repeal it, because this law was a mistake." The popular leader has added that it was "unnecessary" and "questioned the pillars of state law."

The PP, like the Government of Pedro Sánchez, resorted to this law when it understood that it invaded State powers. The Constitutional Court, in a ruling last December, declared 23 of the 34 articles of said law unconstitutional, in addition to two additional provisions and a final provision.

Among the articles declared void was the first: "Aragon is a historical nationality of a foral nature, whose legal identity, as well as the collective will of its people to want to be, have remained uninterrupted since its birth." Also referred to that "the historical rights of the Aragonese people are prior to the Spanish Constitution and the Statute of Autonomy."

The Constitutional indicated the "violation of the principle of national sovereignty" and that "the constitutional text is challenged" by proclaiming the superiority of the alleged historical rights of Aragon. According to the High Court, it violated "the principle of normative hierarchy and the character of the Constitution as the supreme norm of the legal system."

"History does not give rights, but the Constitution"

Likewise, he censured that they intended to invade matters that fall within the competence of the State, in the case of aspects related to the right to citizenship, asylum or water matters. In addition, he rejected the proclamation for Aragon of a range of forality at the level of the Basque Country and Navarra , when only those two communities have him recognized by the Constitution.

The sentence also had other claims contained in the Aragonese law for violating the Constitution and state regulations, such as the flag law, for "attributing the preferred position to that of Aragon, preferring the order of preference of the flag of Spain."

Lambán recalled that Chunta Aragonesista was the formation that, through a proposed law, promoted the controversial norm. In this sense, it has indicated that it complies with the Constitutional ruling, but that it will apply what remains of the law, just 10 articles, as they were initially written. In his opinion, "history does not give rights" but "rights are given by the Constitution".

In this regard, he recalled that "the Constitution protects and respects the historical rights of the regional territories" and that the Statute of Aragon states that "the acceptance of the autonomy regime does not imply the renunciation of the Aragonese people to the rights that as such could have corresponded by virtue of its history, which may be updated in accordance with the provisions of the first additional provision of the Constitution. "

In this regard, the socialist leader has said that "it is not permissible to recognize the historical rights of Navarra and the Basque Country and not those of Aragon."

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  • Aragon
  • constitutional Court
  • Basque Country
  • PP
  • Javier Lambán
  • Navarre

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