a result of the murder of Uriah Basque businessman Ignacio Mendizabal by ETA and not condemn such vile terrorist deed of the Corporation of his hometown, Azpeitia Many voices have been raised for the dissolution of the municipality governed, how could it be otherwise, for Basque Nationalist Action (ANV), political party outlawed by the High Court after being clearly demonstrated not only their connivance with ETA but their commitment to the armed group in its political aspect.
this situation and regardless of the reader's political vision and political actors on the need to carry out the solution, whether they are likely to run as not, is for whatever reason, it being used as a weapon legal ability or inability to carry out the removal of ETA's political institutions that were allowed to hold public office.
Since there is confusion in the public and reasonable doubt whether it is possible dissolution of these municipalities governed by mob and only represent filoterroristas, is necessary to explain the law in his hand, that indeed, under Article 61 of Law 7 / 1985 of 2 April, regulating the Local System, then played, the more that a certain possibility of expelling the proetarras management of public funds.
Article 61.
1. THE COUNCIL OF MINISTERS own initiative and informed the Governing Council of the Autonomous Communities or his request and in any case, approval of the Senate agreement, MAY PROCEED, by Royal Decree, TO DISSOLUTION OF LOCAL BODIES IN THE COURSE MANAGEMENT OF SERIOUS DAMAGE TO THE GENERAL INTEREST TO ASSUME CONSTITUTIONAL BREACH OF ITS OBLIGATIONS.
this situation and regardless of the reader's political vision and political actors on the need to carry out the solution, whether they are likely to run as not, is for whatever reason, it being used as a weapon legal ability or inability to carry out the removal of ETA's political institutions that were allowed to hold public office.
Since there is confusion in the public and reasonable doubt whether it is possible dissolution of these municipalities governed by mob and only represent filoterroristas, is necessary to explain the law in his hand, that indeed, under Article 61 of Law 7 / 1985 of 2 April, regulating the Local System, then played, the more that a certain possibility of expelling the proetarras management of public funds.
Article 61.
1. THE COUNCIL OF MINISTERS own initiative and informed the Governing Council of the Autonomous Communities or his request and in any case, approval of the Senate agreement, MAY PROCEED, by Royal Decree, TO DISSOLUTION OF LOCAL BODIES IN THE COURSE MANAGEMENT OF SERIOUS DAMAGE TO THE GENERAL INTEREST TO ASSUME CONSTITUTIONAL BREACH OF ITS OBLIGATIONS.
2. BE CONSIDERED , in any case, DECISIONS SERIOUSLY harmful to the overall interests in the terms provided in the preceding paragraph AGREEMENTS OR THE ACTIONS OF THE LOCAL BODIES OF GIVING COVERAGE or endorsement, express or implied, repeatedly and severe OA TERRORISM those involved in its execution, exalt or warrants, and those who demean or humiliate VICTIMS OR THEIR FAMILIES.
3. Agreed to the dissolution, shall apply the general election law, as appropriate, regarding the call for elections, and in any case, the provisional regulations of the ordinary administration of the corporation.
Al gamble of the same article, there is little doubt as to whether or not it is possible to dissolve the municipality of Azpeitia. Only requires first that the Council of Ministers, which meets every Friday at the Moncloa Palace, report to the government of the autonomous community of Euskadi, which intends to implement article 61 of the Basic Law of Local Government, take the proposal to the Senate, and qualified majority vote (half plus one in favor), approved a Royal Decree dissolving the corporation, or corporations who exalt or warrant, and demean or humiliate the victims or their families.
I will not enter into political considerations why the Government of Spain does not dissolve the councils of municipalities with mainly favorable to violence, voting to political groups whose representation is a true reflection of their constituents and not the motivations that led , at the time, the presence of candidates with this profile, because this blog is solely content legal, consistent with the present entries that plagues our everyday social reality, which does not exclude that if, as in this case, the debate focuses on the application-or non-application-of a particular standard, has a place in this humble forum clarification of many aspects are necessary and useful to understand more precisely what is happening.
And what is happening now, is limited to the legal reality of the existence of an article that would allow the Council of Ministers, ANV expel all the municipalities it controls.
would not be fair, and always from the top legal, indicate that the expression starting with paragraph 1, "The Council of Ministers, at its own initiative .." does not require the government having to start the process of dissolution, but is purely a security clearance for this purpose. What to take it or miss, is outside its legal obligations, but ... What policies?
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