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The preliminary appeal of unconstitutionality against projects and proposals for reforming Statutes of Regional Autonomy

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This preliminary appeal of unconstitutionality is intended to examine the final text of the projects or proposals for reform of the Statute of Autonomy, once approved by Parliament.

The deadline for filing the appeal is three days since the publication of the text adopted in the "Official Gazette of the Parliament. The interposition of this appeal suspends all subsequent legal procedures (Royal Assent and enactment), including the call for a referendum when the Project or the proposed reform of the Statute of Autonomy had to be put to a referendum.

The appeal is procesated in the manner provided for the constitutional complaint (Chapter II of Title II LOTC), and it must be resolved by the Court in the time limit of six months from its filing.

If the Court finds the absence of the alleged unconstitutionality, procedeures continue its course leading to the entry into force of the Project or Proposal to reform the Statute of Autonomy, including, where appropriate, the calling and holding of the referendum.

If the Court declares the unconstitutionality of the contested text, it should specify the provisions concerned and those other that are in connection or consequence that will be affected by the declaration of unconstitutionality and constitutional provisions violated. Procedure for the passage of the Draft or Proposal to reform the Statute of Autonomy cannot continue without the elimination or amendment by Parliament of those provisions declared unconstitutional.

The ruling in the previous appeal does not prejudge the Court's further decision on the unconstitutionality complaint or on issues that may be filed after the entry into force of the Project or Proposal to reform the Statute of Autonomy.

© 2016 CONSTITUTIONAL COURT OF SPAIN