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Angel J. Gómez Montoro, , Full Professor de Constitutional Law

Should the Constitution be reformed?

Sat, 06 Dec 2014 17:17:00 +0000 Published in Expansion

I believe that any approach to the reform of the Constitution must be based on the validity of the 1978 pact and the success of the Constitutional text. This does not mean that it was perfect and that it does not need reforms, which could and should have been undertaken long ago; but the Constitution has offered a valid and correct coexistence framework and has allowed high levels of welfare.

A second idea is that the reform, however necessary it may be, should not be addressed unless there is a broad agreement between the parties and, in particular, between the two major parties at the national level: PP and PSOE.

Thirdly, I think that we should not aspire to a maximum reform. It would be a mistake to consider what can be improved in the Constitution in general. Firstly, because I do not believe that this is a good time to open a quasi-constituent process and, secondly, because the more ambitious the reform proposal is, the more difficult it will be to achieve the broad agreement to which I have referred before. On the other hand, it would be a mistake to think that many of the problems that our democracy is experiencing require or can be solved with constitutional changes: in most cases they can be addressed with legal reforms, which are less difficult to carry out and which allow for more agile changes in the future; in other cases, what we need is a change of culture and attitudes rather than a change of norms.

agreement The topic whose reform should undoubtedly be addressed due to its urgency and the need for it is the model autonomous. We can start from the excellent report prepared by the committee of State in February 2006 and deal with issues such as the inclusion of the names of the Autonomous Communities, the dispositive principle or the role of the provinces. I would also be in favor of reviewing the distribution of powers between the State and the Autonomous Communities and using as a criterion delegate the elimination of duplicities, so that it is clear when a skill is State and when it is Autonomous. And I believe that the opportunity should not be missed to reform the Senate so that it fulfills its role as a Chamber of territorial representation. There are already more than enough programs of study and it is a matter of choosing between the various options. All of them pose some problem, but I believe that it is urgent to have a forum in which the Autonomous Communities are represented and can intervene in the adoption of those decisions of the State that affect them.

I believe that this is the most urgent and necessary reform. If there is sufficient consensus and the reform procedure is launched, it would be appropriate to address the other two issues addressed by the committee of State in its report: the modification of art. 57.1 to eliminate the preference of men over women in the succession to the Crown, and the establishment of some formula for the reception in the Constitution of the process of European construction.