自治州政府は拘束力のある国際協定に署名出来ない
Las autonomías no podrán firmar acuerdos internacionales vinculantes
La nueva ley de Acción Exterior fija los límites de la diplomacia autonómica
Miguel González Madrid 13 JUN 2013 - 00:05 CET
Autonomy may not sign binding international agreements
The External Action new law sets limits on regional diplomacy
Miguel González Madrid 13 JUN 2013 - 00:05 CET
After over three months of consultation, during which they have received allegations of dozens of institutions and agencies, including the regions-the draft Law on Foreign Action and State Foreign Service (LAESEE) yesterday received green light Committee of Secretaries and arrive tomorrow, except surprises, in the Cabinet table.
The text is the first attempt to organize and give coherence to the activities performed abroad a multitude of government agencies from different ministries to local councils, through the judiciary or the courts, to subordinate foreign policy set by the Government.
The most delicate of the project, on the offensive in the Catalan to gain international support for its sovereignty project-is fixing the limits of regional diplomacy. If the initial draft and made it clear that the actions of autonomy may not "involve, in any case, the assumption of the State's representation abroad, international treaties signed [...], the generation of obligations or liabilities internationally enforceable against the state ", nor" interfere with foreign policy that directs the government ", the final text, which has had access COUNTRY closes any shadow of doubt.
The regional officials and parliamentarians must advise their travel
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Thus, the law clarifies that regions and local authorities "may establish administrative arrangements for implementation and realization of an international treaty where required by the treaty itself, he claims entitlement to it and be on matters within its competence." In addition, "non-normative may conclude agreements with similar bodies in other subjects of international law, is not legally binding for whom the undersigned, on matters within its competence."
In other words: the autonomous communities can not sign international agreements binding the state and not even to themselves, except in the case of the mere execution of treaties signed by the government, and in cases assessed. What they can is to sign the MOU called intentions or agreements that are not legally binding.
To verify that the agreements negotiated by the autonomous (almost 300 in the last decade) do not overflow these limits Affairs will inform "prior" international agreements of all kinds that will sign the communities.
The autonomous communities must also communicate to Foreign "trips, visits, exchanges and outreach activities with" so that the department "can inform and, where appropriate, make recommendations on the suitability of the proposed action to the guidelines, purposes and foreign policy objectives. "
The government will have to provide arguments if recommended one
regional initiative
The final text includes, however, two developments: sets, at the direction of the State Council, that these recommendations are "motivated". Affairs shall, therefore, explain why, if any, recommended a trip. And concrete also who are the regional representatives who are required to report their activities abroad: presidents, directors, officers and members of legislative assemblies.
Regulation is maintained overseas offices, embassies calls autonomous: autonomous communities must inform the government "prior to its opening," so that the departments of State, Treasury, and, where appropriate, Economy-issued report, but there will be no possibility of veto. Foreign autonomy invited to set up their offices in their own embassies, where permitted by the availability of space and without involving their integration in foreign offices.
Although the Council of State has been very critical of the bill, the Government considers that the reason has been given one of the central points in rejecting, against what they claimed several communities, which involve interference in the distribution of powers laid down in the Constitution.
Based on the jurisprudence of the Constitutional Council recalls that the autonomous state are not subject to international law and that the State can "establish measures to regulate and coordinate" their activities abroad. But also adds that not all foreign activities are international relations, whose jurisdiction lies exclusively within the Government. Therefore, the final text states that autonomy must be subject to the planning instruments Foreign Action (External Action Strategy and External Action Plan) only when setting foreign policy guidelines or international politics.
Autonomy are not the only ones that are limited in their activities abroad. At the request of the Basque Government, local authorities should follow the guidelines laid down in its external action autonomous region.
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Although several ministers tried, no one had so far failed to push through a law that would regulate the external action of the state in 35 years of democracy. Now, what was missing?
The State Council seems to think not. In the unanimous opinion of the Standing Commission on May 30 issues a "favorable judgment regarding the timing of the initiative" but then warns that "a significant part of the project corresponds matters which" by a law ordinary "can be qualified as unnecessary or even unsuitable" material because it is enshrined in the constitution or basic laws, so proposed without Articles 4 and 6 to 10. And besides blemish "unnecessary and, to some extent, disturbing" the articles governing the aims and objectives of each of the areas of external action, ie from 15 to 32. At a stroke, therefore proposed to remove 24 of the 59 articles of the law. And they are not alone.
Foreign argues, however, that a law is necessary because it should hang the future regulation of the diplomatic service, which definitely modernize the Foreign Service, and also sirvirá umbrella for the two bodies that should mark the policy guidelines outside: the Foreign Policy Council and the Executive Council of Foreign Policy. They shall, under the authority of the Prime Minister-resolve the friction between the ministries overseas presence.
Foreign fifteen incorporated suggestions from the Council of State, but has refused to reopen issues that were the subject of difficult negotiations within the government. For example, the formula according to which the entire staff of the embassy added, sales engineers or hierarchically dependent diplomats of the ambassador, but structurally and functionally they do in their respective department. "The distinction between hierarchical functional one side and the other is not consistent [...] they are almost inseparable," says the Council of State. "It's possible," admitted diplomatic sources, "but if it reopens there will be no law that melon. At least for another 35 years. "
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