consecuencias de la reforma del art. 135.2 del Reglamento del Parlamento de Cataluña para aprobar la Ley de referéndum y la de transitoriedad jurídica: suspensión y STC 139/2017

Abstract

The present investigation seeks to analyze that reform of the Art. 135.2 of the standing orders of the Parliament of Catalonia by means of which the unanimity was eliminated to submit legislative proposals by single reading and kept silence on the possibility of making amendments within the same procedure, issue for which an appeal of unconstitutionality was filed for alleged violation of Art. 23.2 of the Constitution, that, by affecting more than one parliamentary standing order, has made judgment STC 139/2017 a true leading case whose study allows us to consolidate a doctrine on the constitutionality or not of combining the absence of unanimity for the processing of the legislative proposals by single reading with the silence regarding the possibility of tabling amendments on them. Likewise, as an accessory problem, it is also analyzed the rejected amparo against the procedure used to initiate the reform of the standing orders of the Parliament of Catalonia.

Keywords

• acts on referendum and transcience
• art. 23.2 of the constitution
• joint drafting report
• unanimity in the legislative procedure
• processing of legislative proposals by single reading
• submission of amendments