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PHILIP VI KING OF SPAIN
To all who see this and try.
Know: That the Cortes Generales have approved and I hereby sanction the following organic law:
PREAMBLE
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The Statute of Autonomy of Aragon, approved by Organic Law 5/2007, of April 20, which replaces the previous Statute of 1982, with the modifications in l'operated in 1994 and 1996, represented an important step forward in the consolidation and deepening of the instruments of self-government, and in the expansion and consolidation of the areas of competence of our community, recognizing the position that corresponds to Aragon as a historical nationality.
At the present time, it is necessary to continue adopting measures so that our Statute of Autonomy continues to be a living standard, capable of adapting to the needs and challenges demanded by the social reality of the XNUMXst century.
The reform that is now being planted is intended to respond to a double objective widely demanded by the political forces represented in the Cortes of Aragon: the suppression of the appraisals of the deputies of the Cortes of Aragon and of the people who make up the Government of Aragon, and avoiding the predation of representativeness between the provinces, guaranteeing the maintenance of 14 minimum seats per province for the election to the Cortes of Aragon.
The current Statute of Autonomy regulates the statute of deputies and deputies and members of the Government of Aragon in its articles 38 and 55, respectively, including said prerogative in such terms that their prosecution, due to the position they hold, is attributed to a judicial body superior to the judge that will be objectively and territorially competent. The competence of these judicial bodies – Superior Court of Justice or, where appropriate, Supreme Court – covers, in the terms established by the Statute of Autonomy, the decision on their guilt, imprisonment, prosecution and trial.
Governments and political parties are called upon to promote the regeneration of democratic measures that make it possible to improve and modernize the democratic quality of public and political institutions, in addition to strengthening the basic bond of trust between voters and those elected, firmly committing to the values highs of new democracy.
The aforamiento is a legal figure perceived by the majority of society as anachronistic, typical of past times, which, today, hardly fits into article 14 of the Spanish Constitution, which enshrines the principle of equality of citizens before the law. . On the other hand, the appraisal, insofar as it supposes the absence of a double criminal instance, could contravene different international instruments ratified by our no that enshrine said right. Therefore, and given the full confidence in the independence of the judiciary, and, in particular, of the ordinary jurisdiction, it is considered that neither the deputies of the Courts of Aragon nor the members of the Government of Aragon they should continue to enjoy that prerogative.
In any objective segment of the reform, article 36 of the Statute of Autonomy of Aragon establishes: the Cortes, as established in the electoral law, will be made up of a number of Deputies between sixty-five and eighty, corresponding to each constituency to a number such that the number of inhabitants necessary to assign a deputy to the most populous constituency does not exceed 2.75 times that corresponding to the least populated. In turn, Article 2 of Law 1987/16, of February 13, Electoral of the Autonomous Community of Aragon, states that the Cortes of Aragon are made up of 67 deputies, with each province corresponding to an initial minimum of 13 deputies, while the remaining 28 deputies are distributed among the provinces in accordance with the process established in said norm.
The aforementioned Law 2/1987, of February 16, was subject to a specific modification in March 2019 to prevent the decrease in population in the province of Teruel from leading to the loss of a seat in said province in the 2019 regional elections No. However, the definitive solution has been a problem that must come hand in hand with the reform of the Statute of Autonomy of Aragon.
Thus, the demographic evolution of Aragon in recent decades, with an increasing population weight of the Aragonese capital, and the loss of population in rural areas, especially in the least populated provinces, makes it necessary by statute to provide for a minimum number of seats. by province that guarantees the maintenance of the representation of the least populated provinces, consolidating a more balanced territorial model.
This modification of the Statute of Autonomy, like the previous reforms operated in 1994, 1996 and 2007, has pursued the search for the maximum consensus among all the political forces, understanding that the agreement, always convenient and necessary, is especially so when it comes to modify the basic institutional norm of all Aragonese citizens.
Article 147.3 of the Spanish Constitution establishes that the reform of the Statutes of Autonomy will be adjusted to the procedure established in these and requires, in any case, the approval by the Cortes Generales by organic law. In the same sense, Article 145 of the Regulations of the Congress of Deputies of February 10, 1982, is pronounced, sections 1 and 2, that the initiative corresponds to the Government of Aragon, to the Cortes of Aragon at the proposal of a fifth of its members. Deputies and Deputies and to the Cortes Generales, and that the reform proposal requires, in all cases, the approval of the Cortes de Aragón by a two-thirds majority and the approval of the Cortes Generales by organic law.
Single article Modification of the Statute of Autonomy of Aragon, approved by Organic Law 5/2007, of April 20
Modifications of the Statute of Autonomy of Aragon, approved by Organic Law 5/2007, of April 20, in the following terms:
- A. Article 36 was modified, it is worded as follows:
Article 36 Composition
1. The Courts of Aragon, as established in the electoral law, will be made up of a number of escapes comprised between sixty-five and eighty.
2. Each province will be represented, in any case, by a minimum of 14 seats.
3. Correspond to each constituency a number of escapes such that the number of inhabitants necessary to assign one to the most populous constituency does not exceed 3 times that corresponding to the least populated. The application of this rule may in no case alter the minimum number of escapes per province established in the previous section.
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- Behind. Article 38.2 was modified, it is worded as follows:
2. During their mandate, they may not be detained or detained except in the case of flagrante delicto.
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- Very. Article 55 was modified, it is worded as follows:
Article 55 Statute of the members of the Government of Aragon
1. The President and the other members of the Government of Aragon, pending their mandate, may not be detained or detained except in cases of flagrante delicto.
2. A law of Cortes de Aragón will determine the Statute, powers and incompatibilities of the members of the Government of Aragón.
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Single transitory provision Appraisals
The new regulation contained in articles 38.2 and 55, referring to the personal statute of the Deputies of the Cortes of Aragon and of the members of the Government of Aragon, will be applicable from the XI legislature.
Single final provision Entry into force
This reform will enter into force the same day as its publication in the Official State Gazette.
Therefore,
I order all Spaniards, individuals and authorities, to keep and keep this organic law.
