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The lawyer considers that the Law goes beyond the Services Directive. The Generalitat studies to present a resource for the invasion of competencies.
In a conference organized by CETIB and the Official College of Industrial Engineers of Catalonia, with the support of sixteen schools of engineers of Catalonia, lawyer Miquel Roca i Junyent, said that "the Omnibus law is partially unconstitutional ".
The conference has addressed the current controversy derived from the Omnibus law, which transposes the European Services directive in Spain.
This Law specifically affects the professional associations and also in the conditions of the visas. In addition, it questions the viability of schools, which currently group more than one million professionals throughout the State and that account for 8.8% of the Spanish GDP.
The conference has highlighted the risk that citizens and consumers face in the absence of a framework of control and guarantees in projects.
Roca stated that the Spanish Constitution protects the existence of professional colleges and compulsory schooling, therefore, "while the constitution is not modified, professional colleges must be maintained".
Unconstitutionality resource
During the turn of questions after the conference, Xavier Campà i de Ferrer, Deputy Director General of Legal Entities of the Generalitat of Catalonia, explained that his department has issued a report which states that the Omnibus Law violates the exclusive competencies of the Generalitat in matters of professional colleges. For this reason, the legal advice of the Council of Statutory Guarantees has been requested, prior to the interposition of the appeal of unconstitutionality
Roca has stated that the Omnibus law "arises from an unjustified approach." According to the law expert, there is no Community legislation that imposes the abolition of the obligation to become a member and that therefore justifies the new law. In fact, the Services directive defends compulsory schooling and / or regulation of professions.
Regarding the visa, Roca stated that "it is exactly the same as compulsory schooling. The visa is part of the exercise of the professions entitled" and its obligation is also a law. "The visa is not capricious. There is not a single provision of the Services directive that prohibits or recommends the opposite."
Source of information:
www.cetib.cat
Video of the conference
In a conference organized by CETIB and the Official College of Industrial Engineers of Catalonia, with the support of sixteen schools of engineers of Catalonia, lawyer Miquel Roca i Junyent, said that "the Omnibus law is partially unconstitutional ".
The conference has addressed the current controversy derived from the Omnibus law, which transposes the European Services directive in Spain.
This Law specifically affects the professional associations and also in the conditions of the visas. In addition, it questions the viability of schools, which currently group more than one million professionals throughout the State and that account for 8.8% of the Spanish GDP.
The conference has highlighted the risk that citizens and consumers face in the absence of a framework of control and guarantees in projects.
Roca stated that the Spanish Constitution protects the existence of professional colleges and compulsory schooling, therefore, "while the constitution is not modified, professional colleges must be maintained".
Unconstitutionality resource
During the turn of questions after the conference, Xavier Campà i de Ferrer, Deputy Director General of Legal Entities of the Generalitat of Catalonia, explained that his department has issued a report which states that the Omnibus Law violates the exclusive competencies of the Generalitat in matters of professional colleges. For this reason, the legal advice of the Council of Statutory Guarantees has been requested, prior to the interposition of the appeal of unconstitutionality
Roca has stated that the Omnibus law "arises from an unjustified approach." According to the law expert, there is no Community legislation that imposes the abolition of the obligation to become a member and that therefore justifies the new law. In fact, the Services directive defends compulsory schooling and / or regulation of professions.
Regarding the visa, Roca stated that "it is exactly the same as compulsory schooling. The visa is part of the exercise of the professions entitled" and its obligation is also a law. "The visa is not capricious. There is not a single provision of the Services directive that prohibits or recommends the opposite."
Source of information:
www.cetib.cat
Video of the conference