Diritto Pubblico Comparato ed Europeo

Sommario

1. Introduzione. – 2. Perché non è un’operazione di riforma. – 3. Legittimità della “proposta Ibarretxe”.

Abstract

In this essay the Author analyses the points of conflict with regard to the proposal for the amendment of the of autonomous Statute of the Basque Country, presented by Lehendakari Juan José a year ago. In particular, the Author compares these amendments with the Spanish Constitution and draws a conclusion which is in contrast with the opinion of the majority of constitutionalists and legal scholars. In fact, according to the Author the Ibarretxe proposal is formally an amendment to the autonomous Statute of the Basque Country, but substantially it is a proposal of a completely new Statute which is in stark contrast with articles 1.2 and 2 of the Spanish Constitution because its aim is to radically modify the relationship between the Basque Country and the Spanish State. As regard to the nature of this proposal the Author sustains that it is merely political.