The State Council give an inform about the reform
State Council proposes to mention to Don Felipe in the Constitution to guarantee hiss condition of heir
They agree with to clear the preference of the man to the throne and pleads so that the Letter welcomes the feminine one in its references to the King and Prince
The report of the Commission of Studies of the State Council for the reform of the Constitution thinks that "the more advisable" formula to preserve the condition of heir of Don Felipe and, to the time, to eliminate of 57,1 article the preference of the man, is the following one: "the Crown of Spain is hereditary of the S.M. successors Don Juan Carlos I of Borbón, legitimate heir of the historical dynasty. The succession in the throne corresponds to its son, inheriting Prince Don Felipe de Borbón, and later to the successors of this one according to the regular order of primogenitura and representation, being always preferred the line previous to the later ones; in the same line, the degree next to most remote; and in the same degree, the person of more age to the one of less ".
In this report, to which it had access Europe Press, answers the consultation that the Government did on the matter. In the justification of its proposal, the Commission of Studies pleads to carry out the reform "in the own one I articulate 57,1, without going to no transitory disposition", since this last one could cause "delicate legal problems".
Thus, the phrase "in the same degree is suppressed, the man to the woman" and express mention to the inheriting Prince becomes ", alluding to its present institutional position ". The Council of State understands that the new writing of the rule must become "as its inheriting Prince, and not" of Prince of Asturias ", that is, according to article 57,2, a "added dignity".
The Commission explains that whereas the reform does not take place, "follows in vigor article 57,1 in its present writing, that defers the succession to the throne in favor of the inheriting Prince, Don Felipe de Borbón, with no need of explanation some". It adds that when the reform takes place "it is it for providing" his succession.
"Then, possibly called to the succession to Corona they will be ordered to the margin or of the present preference of the men and without they can as opposed to allege rights the new order constitutionally established, according to or indicated", it exposes.
It warns, also, that until that takes place "second succession to the throne" the reform that is contemplated "will not have application some". It, adds, "does not exclude the convenience of carrying out it without more delay than the one than it is from the appreciation of the contemplated public interest in terms ampler than those than this single reform can mean".
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