A. P. G.
06.09.2017 – 14:48 H
Who is Antoni Bayona, the man who refuses to process the referendum?
With the inestimable collaboration of the Secretary General of the Parliament, the Chief Counsel-General has ordered the officials of the Chamber to refuse to participate in any procedure.
Antoni Bayona i Rocamora is the Chief Counsel-General of the Parliament of Catalonia and on Wednesday he refused to pass the Catalan referendum law, seconded by the secretary general, Xavier Muro. He ordered his officials not to intervene in any process, to the extent that it had to be the deputies of Junts-pel-Sí those who uploaded to the website of the Official Gazette of the Parlament the proposal of law without the signature of the lawyer, which for the opposition it invalidates the whole process. In addition, Bayona and Muro prepared a three-page report arguing why it is illegal to pass the law.
Antoni Bayona has a degree in law since 1977 from the Autonomous University of Barcelona, doctor by Pompeu Fabra, in 1991, and specialized in regional law, territorial organization and local regime. Little 'suspected' of being anti-nationalist, Professor Bayona has been linked to the Generalitat of Catalonia for more than 30 years. Between 1988 and 1994 he was a member of the Consell Consultiu de la Generalitat, to be appointed in 1994 director of the Institut d'Estudis Autonomics, until 2003, year in which he became advisor to the Consell de l'Audiovisual de Catalunya, until 2006.
Although the news has put him this Wednesday in the focus of the storm experienced in the Catalan Parliament, Bayona already gave unequivocal evidence of his position on the drift that was leading the 'proces' in an article published last July in the' Magazine Catalan Public Law '. Under the title "The political future of Catalonia: the role of Parliament", the senior lawyer of the Autonomous Catalan Chamber put in serious doubt the legal foundations of the 'procés', and warned: "There is not always a clear line of continuity and coherence "
He already warned in an article
In addition, it warned that a unilateral referendum such as the one that has been admitted for processing "in such a hostile context may have consequences in terms of recognizing its effects in the internal and external sphere, since it seems evident that the requirements can not be met. and the minimum standards required for a participatory procedure such as this one ".
Bayona already considered in the article an "error" to affirm that the State is authoritarian. And it went back to the elections of September 27, 2015 - the beginning of the 'procés'- as the origin of the whole problem of legality that culminates with the last resolutions of the Parliament, which are committed to the unilateral route. "They do not help to give credibility to a negotiating will The way the referendum issue appears in this final section of the process seems to indicate, therefore, that it is more a tactical movement whose ultimate political objective is to strengthen the legitimacy of the unilateral way initially foreseen in Resolution 1 / XI, demonstrating that it has insisted on the will to make the consultation, but that, if this is not done, it will not have been due to causes attributable to the Catalan institutions, "he said.
For Bayona, the results of the elections of September 27, 2015 gave the separatists a parliamentary majority "that does not have a correspondence with the majority of votes obtained." "If from the political point of view the elections should constitute a plebiscite to prove the existence of a social majority in favor of the independence of Catalonia, this political objective was not achieved, nor does it seem correct to denaturalize it with the criterion of the seats obtained", it concluded then.
An expert in the fieldBayona, now put into question by those who once were traveling companions, is considered one of the largest experts in regional law with several works behind him, such as 'El dret a legislar en l'Estat autonòmic', Barcelona: Escola d'Administració Pública de Catalunya, 1993; 'Comments on the Statute of Autonomy of Catalonia: performance competences', Barcelona: Institut d'Estudis Autonòmics, 1991; 'Comments on the Statute of Autonomy of Catalonia: competences of legislative development', Barcelona: Institut d'Estudis Autonòmics, 1991, or 'Comments on the Statute of Autonomy of Catalonia: exclusive competences', Barcelona: Institut d'Estudis Autonòmics, 1991 .
https://www.elconfidencial.com/espana/cataluna/2017-09-06/bayona-parlament-referendum-1-o_1439372/
Marcos Lamelas
The Parlament officials unhooked from the independence process
The opposition requests explanations from Forcadell and the president says that those who have signed are the four members of JxS in the Bureau because they do not want to put officials at risk
Parliament officials unhooked from the process of independence that Junts pel Sí and the CUP want to push, as explained by the vice president of the Bureau and member of C's, José María Espejo.
Thus, the secretary, Xavier Muro, and the Chief Counsel-General of the Parliament, Antoni Bayona, have refused to pass the referendum law because of its manifest illegality.
When before the Bureau it was evident that Bayona and the body of lawyers had refused to pass the law, it was the president herself, Carme Forcadell, who has assumed responsibility for its processing, something for which she is not legally entitled. For C's it is an act of nullity in its own right.
https://www.elconfidencial.com/espana/cataluna/2017-09-06/secretario-parlament-no-firma-ley-referendum_1439242/
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