The mayor of La Línea de la Concepción (Cádiz), Juan Franco, has introduced that they proceed to “take steps” with their declare and are going to file an administrative attraction within the Supreme Court in opposition to the decision of the Council of Ministers made public on October 25 of 2022, by which he denied the holding of a referendum to seek the advice of if the residents need to grow to be their very own autonomous metropolis.
In statements to journalists, Franco defined that the attraction “goes to be based mostly on a procedural problem, since because the request was entered via the Board on the headquarters of the Government of Spain in April 2022, it took greater than the three months offered for within the regulation, so the sense of silence is constructive and the denial decision can’t go in opposition to this authorized provision”.
In this sense, he has acknowledged that he hopes that the Contentious-Administrative Chamber of the Supreme Court admits this argument and from there to have the ability to maintain the session, which “with the present deadlines would already be within the subsequent time period.” A matter on which they are going to proceed to insist as a result of “for us a plan is crucial for this metropolis to get out of the state of affairs it’s presently going via”, he concluded.
Arguments for which the Government rejected it
It ought to be remembered that the Council of Ministers denied the request made by the La Línea City Council arguing that article 149 of the Spanish Constitution establishes because the unique competence of the State the “authorization for the calling of fashionable consultations by means of referendum”. In addition, he recalled that the norm solely permits fashionable consultations on issues that solely concern the municipal and native authorities “which can be of particular relevance to the pursuits of the residents, excluding these associated to the native Treasury.”
Likewise, within the decision, it indicated that “the matter that’s deliberate to be submitted to fashionable session clearly exceeds the native character and transcends pure neighborhood curiosity by specializing in a matter of nationwide curiosity of constitutional significance.”