Sunday, December 5, 2010
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Yesterday, the government declared a state of alarm because the covert strike blocked the space left Controllers English air and, therefore, thousands of English at airports without the possibility of travel.
all I consider myself a layman in legal matters, however (although maybe this prevents me to become minister of the PSOE) I consider myself a literate person, that is, that I can read and understand what I read. Therefore, I decided to read what is regulated is the subject of a state of alarm as to whether the Government has acted lawfully ... out of curiosity.
In principle, I note that this is considered covered in the Constitution in Article 116, which reads:
1. An Organic Law regulate states of alarm, emergency and siege and the powers and limitations involved.
2. The alarm state is declared by the Government by decree agreed in Council of Ministers within fifteen days, informing the Congress of Deputies, which met immediately, and without whose consent shall not be extended that deadline. The decree shall specify the land to extend the effects of the declaration.
and the Basic Law, the 4 / 1981, which should regulate it says in Article 4 the following:
The Government, in exercise of the powers conferred on it Article 116.2 of the Constitution may declare a state of alarm, in whole or part of the country, whenever any of the following serious alterations of normality:
a. Disasters, public calamity or calamities such as earthquakes, floods, urban and forest fires or major accidents.
b. health crises such as epidemics and severe pollution situations.
c. cessation of essential public services to the community, if not to ensure the provisions of Articles 28.2 and 37.2 of the Constitution, and either of the other circumstances or situations contained in this article.
d. shortage situations staples.
is clear that we want to go to paragraph c) to apply to this case, ie the "cessation of essential public services to the community." But it also must be given the fact that it is not assured Article 28.2 of the Constitution
The right to strike of workers to defend their interests. The law governing the exercise of this right shall establish the safeguards necessary to ensure the maintenance of essential community services.
That is not the case, since the drivers have not declared any strike or 37.2:
The right of workers and employers to adopt measures collective action. The law governing the exercise of this right, subject to the limitations that may impose, include the guarantees necessary to ensure the functioning of essential public services.
And that is not the case since there were no guarantees necessary to ensure the functioning of essential public services.
So far, everything seems right. The Government under Article 116 of the Constitution could declare a state of alarm and according to the Organic Law 4 / 1981 in paragraph c) think this is one reason.
However, in that paragraph c) there is a conjunctive "and" which means mandatory. It's simple, but if by chance there is any reader who has studied the LOGSE, I explain a typical example of our day:
"You get the prize if you send an SMS and salts drawn by lot." It is clear that both conditions are "sine qua non" for the prize, send the message and be lucky enough to get elected.
However, paragraph c) of the Basic Law says, to declare that the foregoing should occur " and attend any other circumstances or situations contained in this article."
Clearly, therefore, that in addition there was a disruption to an essential public service to the community should have attended any of these circumstances: disaster, public calamity or misfortune, such as earthquake, flood, fire, forest or urban and large-scale accident, health crisis, such as epidemics and severe pollution situation.
After this, knowing only read and while understood some laws do not prove I'm wrong or tell me that disaster, epidemic, etc. happened yesterday in Spain, stated categorically that the Government has committed and continues to commit an unlawful act to declare a state of alarm.
Spain does not deserve a government that lies, Mr. Rubalcaba, but even less committing illegalities.
Saturday, December 4, 2010
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The English left (do not know if the international but also to a greater or lesser extent, I think so) always tries to get fans (and voting) citizens trying to use sentiment rather than reason. Thus, for example, that our President confessed to his friend Gabilondo (meaning the journalist) to closed microphone that interested him during the election campaign was to increase the tension and act out a little. Hence, too, which has revived old feuds between the English and forgotten from the Civil War with the idea of \u200b\u200btrying to reach irrational feelings rather than reason. Hence, finally, that their campaigns are based on expressions and striking images (as compared to the opposition with a doberman in full excitement aggressive).
The English left the city does not want to think, but FEEL according to canons cleverly designed to repeated tirelessly getting the best marketing purposes, envy of the Commercial Department of the Coca Cola company.
Therefore, when the government is the worst popularity data with some surveys that tell you at this time would get the worst result of its recent history, I have no other output suggests that the Royal Decree issued yesterday (Friday before the longest bridge in the year in Spain) on hours of work of air traffic controllers, there has been nothing but a ploy to try to get a marketing effect that will return much of the lost popularity.
our beloved country in two working groups (I refuse to call "collective") that are very unpopular with the feeling of its inhabitants (not your right) which are the Pilots and air traffic controllers and for a reason, because they earn much money and that, unfortunately, is often a crime in a nation where abounds envy. In this case, almost no one usually enters the bottom of the claims of these groups is more, I would say that most of the unknown dead. However, they are rejected a priori all the public because he claims are a "privileged" unlike, for example, that requests for the miners who, despite maintaining the profession's costing us a kidney are always well because their earnings are substantially lower.
have money, but for that you had to prepare for years with much effort, spend a grueling competitions and have the power to know that are in your hands from day to day lives of thousands of people, is a great sin in Spain.
Well, as I said, taking advantage of that feeling which originates in the viscera rather than in the brain of the citizens, the Government decided to bring to light yesterday a decree that goes against the interests of the working group of drivers. I do not get to appreciate it, even I have a feeling that can have a good deal of reason, but did not get into the "what" but "how" and especially "when"
The Government knew that the reaction would be brutal because, despite the agreement reached earlier this year, the decree went against everything called for giving, not a twist, but many more for pressure was sufficiently damaging. On the other hand, the Government knew that the time was right, when more people are going to be affected and would have more echo around the country.
So, with this well-prepared broth, needed only the Minister and the Minister Rubalcaba White appeared perfectly covered with the flag of Spain, leading an army of "Liberation" and even decreeing the state of alarm ... things such as "alarm" is what they wanted and managed to provoke.
All ZP with the government against those evil "for being rich-drivers (which are right-wing fascists) who annoyed the holidays of thousands of English, which have prevented reaching the funeral of a father, the birthday of a child abandoned, the wedding of a blood brother ...
Although naturally I disagree with that claim is beastly drivers, I can only be seen whether the marketing of the PSOE used an ad this Christmas as "The Almond" which displayed an exemplary husband and father gets killed in an airport chair while his dear wife and tender daughter cry at home with a fireplace and a driver to face failure and Witch copazo a whiskey in hand evil smile.
Tuesday, November 30, 2010
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