Sostenella enmendalla not interrupt status" illegal? Think
Sunday, December 5, 2010
Memoryacess In Tally 7.2
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.
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