Updated: Thursday 08 July 2021 17:43
Posted: 08.07.2021 17:42
The government of the Municipality of Cadiz of La Línea de la Concepción, with just over 60,000 inhabitants, is determined to make the territory an autonomous city. To activate the process, the government team of the City Council launched the call for a popular consultation in the municipal plenary session.
The full text of the question would be: “Do you think it is appropriate for the Municipal Council of La Línea de la Concepción to address a request to the Government of the Nation and to the General Courts to request the conversion of the municipality into a autonomous community, in accordance with article 144 a) of the Spanish Constitution? “.
The initiative is an electoral promise from Juan Franco, mayor of the city for the local training La Línea 100×100. In his revalidation as mayor, in 2019, Franco included the proposal to make the Line an autonomous community like Melilla and Ceuta.
Two years later, the mayor raised in plenary the possibility of “an agreement for the start of the procedure aimed at holding a popular consultation on the transformation of the municipality into a city / autonomous community”.
Taking into account that La Línea 100×100 has 21 of the 15 representatives of the plenary session (three advisers are from the PSOE and one from the PP), the proposal goes ahead. But its viability is more questionable.
The reasons they brandish
Why would the city of Cadiz want to become independent, in a way, from Andalusia? The truth is that in this case location is important, on the outskirts of Gibraltar. For this reason, in their proposal, they argue that La Línea is “the only Spanish municipality that shares a border with a foreign enclave awaiting decolonization, according to the United Nations”.
This, they say, causes their “dependence on the economy of the Rock; its contiguity with an international airport; the need to provide it with resources and infrastructure to compensate for its significant deficit in multiple socio-economic areas; the importance of its specific interests and those of its citizens concerned by all of the above, are represented in multilateral or trilateral commissions with the Rock ”. The recent Brexit, in that sense, wouldn’t help much either.
They also underline “the necessary adaptation of their fiscal and fiscal regime to the reality of the region”, where La Línea “coexists with a territory in which the fiscal conditions are extremely lax”.
“These six factors are those which found the uniqueness of the municipality and could justify”, according to the proposed agreement, the concourse of manifest reasons of national interest for a possible application of article 144 a), by the general courts through organic law.
The report that supports your initiative
However, the local government backs his initiative in a report signed by Antonio de Cabo de la Vega, professor of constitutional law at Complutense University.
This text establishes the steps to be followed in an attempt to make this possible, and underlines: “There is no impediment or prohibition constitutional, statutory, legal or European law for the conversion of La Línea de la Concepción into autonomy according to the formula of the autonomous city, whether this process is more or less complex, expensive, practical or expedient “-
The six steps to follow, according to the report
1. Approval by the Plenary Assembly of the Municipal Council, by absolute majority, of the municipal consultation proposal.
2. Request for said consultation to the Government of the Nation, with the presentation of the agreement of the Plenary Assembly.
3. Convening and holding of the municipal consultation or, in the event of refusal by the government, of an appeal before the Supreme Court and / or of a direct submission of the request by the corporation to the government and to the tables of the Cortes Generales.
4. Presentation of a formal petition, with the support of the absolute majority of the Plenary Assembly of the City Council and / or with the positive result of the municipal consultation, if necessary, before the Bureau of the Congress of Deputies, the Bureau of the Senate and the Government of the Nation, in which the will to become an autonomous city is transferred.
5. Approval by the general courts of an organic law implementing article 144 a) of the Spanish Constitution by which, for reasons of national interest, La Línea de la Concepción is constituted as an autonomous city.
6. Approval, by the Cortes Generales, of the Organic Law approving the Statute of Autonomy of La Línea de la Concepción.