The former president of the Constitutional Court (TC) Pascual Sala has maintained that the recovery of Valencian Civil Law in the Constitution is a “historic and fair demand” and has assured that the constitutional reform that will be undertaken shortly in Congress is a ” “optimal opportunity” to do so.
Sala participated this Wednesday in a press conference together with the president of Jurists Valencians, José Ramón Chirivella, the dean of the College of Lawyers of Valencia, José Soriano, and the former councilor of Hacienda Vicent Soler to request that the legislative competence of the self-government be restored of the Valencian Community.
The promoters of this initiative, who support 541 municipalities, Les Corts Valencianes and numerous institutions and associations, want to take advantage of the reform through urgency and a single reading of article 49 of the Constitution on disability so that the recovery of legislative capacity can also be voted on. Valencian in matters of family law and inheritance law.
This would mean being able to legislate on de facto unions, shared custody, separation of assets as a regime applicable in the absence of an agreement, possible regulation of causes of disinheritance, greater freedom to make a will, limitation of legitimate testamentaries in favor of forced heirs, or better succession treatment of the family business and farms.
The former magistrate has explained that the TC could have declared unconstitutional the legislative power in private law of the Valencian Statute of Autonomy “and did not do so, so it remains in force” and has detailed that what is requested “has no political significance.”
He has indicated that “taking advantage of the specific reform of the Constitution” (agreed upon by PP and PSOE to replace the diminished term), “an addition of a paragraph is required to ratify that validity” and has insisted that “this is an optimal opportunity from a political and legal point of view”.
José Ramón Chirivella has explained that this request is “democratic, fair and with a great social consensus” and has asked the PP and PSOE deputies in Congress to “vote yes” to the amendment that “corrects an error” and asks to recover Valencian Civil Law and has confirmed that Compromís and Sumar will present.
Furthermore, he has announced that next Sunday, January 14, they plan to call a demonstration in defense of this demand because a few days later – the vote on the constitutional reform is scheduled for the 15th or 17th -, in his opinion, “we are at risk the Statute of Autonomy”.
“It is our last real opportunity to do so,” he stated and assured that the president of the Generalitat, Carlos Mazón (PP), and the former president Ximo Puig (PSPV-PSOE) committed to promoting a State Pact for the recovery of the Valencian law and now they have to “lead” this demand because “not a comma of the Constitution is changed if PP or PSOE do not want to.”
“If we do not win this battle of Valencian Civil Law, what strength will we have to ask for fair financing or the powers in Cercanías”, he asked himself and indicated that it is “absolutely unpresentable that Valencians want to ignore us at a moment it will be modified the Constitution, by PP-PSOE agreement”.
The president of Juristes Valencians has recalled that they have the support of CERMI Spain – promoter of the reform of the Constitution – for their initiative on Valencian civil law and that the only exception of support is Vox.
The dean of the Valencia Bar Association has assured that Valencian lawyers “will continue to support this historic and legitimate demand, to recover what was ours.”
