Title VII. Reform of the Estatut (articles 222-223)
ARTICLE 222. REFORM OF THE TITLES THAT DO NOT AFFECT RELATIONS WITH THE STATE
ARTICLE 223. REFORM OF THE OTHER TITLES
- The reform of Titles I and II of the Estatut shall conform to the following procedures:
- The initiative for reform lies with the Parliament of Catalonia, on the proposal of one-fifth of its Members, and with the Government of the Generalitat. The city councils of Catalonia may propose exercise of the initiative to reform the Estatut to Parliament at the request of a minimum of 20% of the plenary city councils, representing at least 20% of the population. Reform may also be proposed by 300,000 accredited signatures of citizens of Catalonia entitled to vote. Parliament shall regulate these two procedures to propose initiation of reform.
- The approval of reform requires the favourable vote of two-thirds of the members of Parliament, submission to and consultation with the Cortes Generales, ratification by the Cortes Generales by means of an organic law, and approval in a referendum by the Catalan electorate.
- If within thirty days of receipt of the request for consultation established in paragraph b above, the Cortes Generales declares itself affected by the reform, the reform shall follow the procedure established in Article 223.
- Once the reform has been ratified by the Cortes Generales, the Generalitat shall submit it to a referendum.
- If the proposed reform is not approved by Parliament or by the electorate, it cannot be re-submitted for debate and voting by Parliament until one year has elapsed.
- The reform of the Titles of the Estatut not included in Article 222 shall conform to the following procedure:
- The initiative for reform lies with Parliament, the Government of the Generalitat and the Cortes Generales. The city councils and individuals entitled to vote in elections to the Parliament may propose that Parliament exercise the initiative for reform under the terms established by Article 222.1.a.
- Approval of the reform requires the favourable vote of two-thirds of the members of Parliament, approval by the Cortes Generales by means of an organic law and, finally, approval in a referendum by the electorate.
- Once the proposed reform of the Estatut has been approved, Parliament shall refer it to the Congress of Deputies.
- The proposed reform may be submitted to a vote of ratification by the Congress and Senate in accordance with the procedure established in the respective parliamentary Rules of Procedure. Parliament shall appoint a delegation to present the proposed reform of the Estatut to the Congress and the Senate. If the Cortes Generales ratify the proposed reform of the Estatut, the corresponding organic law is considered to have been passed.
- If the procedure set out in paragraph d is not applied, a paritary joint commission shall be constituted, consisting of members of the competent commission of the Congress of Deputies and a delegation from Parliament proportionally representative of parliamentary groups, to formulate a joint proposal by common agreement in a period of two months, and applying the procedure established by the Rules of Procedure of the Congress of Deputies.
- Presentation of the proposed reform of the Estatut to the Senate shall follow a similar procedure to that established in paragraph e above, in accordance with the
terms of the Rules of Procedure of the Senate. In this case, the delegation from Parliament, adapted as appropriate, shall constitute, together with members of the competent commission of the Senate, a paritary joint commission to formulate a joint proposal by common agreement.
- If the paritary joint commission is unable to formulate a joint proposal, the proposed reform of the Estatut shall be processed in accordance with the ordinary procedure established by the respective parliamentary Rules of Procedure.
- Parliament may, by an absolute majority of its members, withdraw a proposal for reform that it has already approved at any time during presentation to the Cortes Generales and before this is definitively approved. Withdrawal of the proposed reform shall in no case involve application of the provisions of Section 2 below.
- Approval of the reform by the Cortes Generales by means of an organic law shall include the authorisation of the State for the Generalitat to call the referendum referred to in paragraph b above, within a period no longer than six months.
- If the proposed reform is not approved by the Parliament, by the Cortes Generales or by the electorate, it may not be submitted again for debate and voting by the Parliament until one year has elapsed.