elpais.com
Spanish Parliament Receives Bill to Repeal 1707 Decree on Valencian "Furs
A bill introduced to the Spanish parliament seeks the express repeal of the 1707 decree that abolished the "Furs" of the Kingdom of Valencia, aiming to symbolically restore historical rights despite facing legal and constitutional challenges.
- What is the immediate impact of the proposed bill to repeal the 1707 decree abolishing the "Furs" of the Kingdom of Valencia?
- On May 30th, the Spanish parliament received a bill proposing the explicit repeal of the 1707 decree abolishing the "Furs" (historical Valencian laws). This initiative, supported by the Valencian Jurists Association and registered by the Sumar parliamentary group, aims to expressly repeal the Decrees of Nueva Planta, which suppressed the legal structures of Aragonese territories. The proposal consists of a single article stating the decree's repeal, regardless of its current legal standing.
- What are the legal and constitutional obstacles to the proposed repeal of the 1707 decree, and what alternative approaches could achieve the same goal?
- This proposal, while symbolically significant for Valencian identity, faces legal challenges. The Spanish Constitution implicitly repeals conflicting prior laws; thus, this action would be largely symbolic, similar to a 1978 constitutional amendment regarding Basque fueros. This echoes concerns raised by former Constitutional Court President Garcia Pelayo regarding the risks of incorporating historical legitimacy principles into a normative constitution.
- What are the potential long-term consequences of pursuing this symbolic repeal versus adopting a legally sound strategy to achieve greater self-government for Valencia?
- The bill's potential impact is limited due to Spain's constitutional framework. A more effective approach would involve a constitutional amendment to allow for the restoration of Valencian civil law, following a successful model used by the Basque Country. Focusing on a constitutionally sound strategy, such as seeking exclusive legislative competence transfer, is crucial for strengthening Valencian self-government rather than pursuing symbolic gestures.
Cognitive Concepts
Framing Bias
The narrative frames the proposed law negatively from the outset. Phrases like "placebo legislative," "inviable," and "error" are used early and repeatedly to shape reader perception before presenting counterarguments. The headline (if there was one, it is not included in the text) would likely have further reinforced this negative framing.
Language Bias
The article employs strong, negative language to describe the proposed law. Terms such as "inviable," "placebo legislative," and "error" are loaded and present a biased perspective. More neutral alternatives might include "impracticable," "symbolic gesture," and "unsuccessful approach." The repeated use of such terms reinforces a negative interpretation.
Bias by Omission
The article focuses heavily on the legal and historical arguments against the proposed law, giving less weight to the perspectives and motivations of those who support it. While the author mentions the aims of the proposers, a deeper exploration of their reasoning and potential justifications for the symbolic value of the repeal is absent. This omission could lead to a biased portrayal of the proposal, neglecting potential nuances and intentions.
False Dichotomy
The article presents a false dichotomy by framing the debate as a choice between a legally flawed symbolic gesture and a legally sound, albeit potentially slower, path towards achieving self-governance. It implies there's no middle ground or alternative approach, overlooking the possibility of a more nuanced strategy that combines elements of both.
Sustainable Development Goals
The proposal to repeal the decrees of Nueva Planta, while aiming for historical redress, is argued to be legally unfeasible and could exacerbate political divisions rather than strengthening Valencian self-governance. The article highlights the risk of undermining the current constitutional framework and fostering further fragmentation within Spain. The focus on historical grievances may distract from more effective pathways to achieve stronger self-governance.