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Businessmen and merchants who decide to label their establishment in Catalonia using Spanish will no longer be able to be sanctioned for doing so. The new Market Unity Guarantee Law, already approved in Congress, will prevent the Generalitat from imposing new fines. On November 28, the plenary session of the Congress of Deputies approved the final text of the legislative project to guarantee equal rights and obligations of entrepreneurs throughout Spain . The new market unity law, which only obtained the support of the PP in the Chamber, came into force on December 10. The effects of its definitive application, however, may not be evident until next March, since the Government has given the autonomous communities a period of three months to adapt the law to the regulations of each region . This is confirmed to El Confidencial Digital by parliamentary sources close to Moncloa, who warn of a “big change” for all those businesses that are based in Catalonia : “Starting in the second quarter of the year, they will not be sanctioned for labeling their establishments in Spanish.” . The "principle of non-discrimination" will avoid new fines According to the aforementioned sources, the Market Unity Guarantee Law establishes a new principle, that of “non-discrimination”, which is above the powers of the autonomous communities.
This provision is based on the following foundations: -- All economic operators will have the same rights throughout the national territory and with respect to all competent authorities , without any discrimination based on place of residence or establishment. -- No Phone Number List general provision, administrative action or quality standard that refers to access or the exercise of economic activities may contain conditions or requirements that have the direct or indirect effect of discrimination based on the establishment or residence of the economic operator. The Government and the PP explain to ECD that these two conditions, especially the latter, prevent the Generalitat from prohibiting labeling in Spanish within Catalonia: “This veto is considered a cause of discrimination and unequal treatment with with respect to other companies, so it cannot be carried out .” The law is “absolutely constitutional” Since the market unity law began to be processed in Congress, the Government of Artur Mas has stated on several occasions that the regional Executive was preparing an appeal of unconstitutionality against the new norm. Well, according to the sources consulted, the text approved in the Lower House conforms “to the millimeter” to the Constitution. In fact, part of its writing is based on the content of the Magna Carta.
Specifically, as can be seen in the preamble of the Law, the norm is based on article 38 of the Constitution , which recognizes “the freedom of business within the framework of the market economy, with public powers having to guarantee and protect their exercise and the defense of productivity.” [OBJECT] More than 400 fines in recent years With the application of the new rule, one of the great demands that a large part of the business community living in Catalonia made to the Government will end: putting an end to fines for labeling in Spanish. Last year, and due to a ruling by the Constitutional Court , the Generalitat was forced to return the amount of the sanctions carried out before 2010. However, the autonomous Government, relying on the reform of its Consumer Code , has continued to impose fines on businesses for labeling in Spanish. According to the data managed by the Executive, in 2011 and 2012, years in which the sanctions were applied despite the rulings of the TC, more than 400 fines were issued in the region. Each establishment had to pay an amount of 720 euros for not having labeled in Catalan.
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發表於 2024-2-19 15:20:42