Constitutional reform Politics of Gibraltar

1 constitutional reform

1.1 select committee proposals
1.2 2006 constitution
1.3 integration uk
1.4 condominium

constitutional reform
select committee proposals

in 1999, government of gibraltar established select committee on constitutional reform, consider how 1969 constitution should reformed.

in march 2006, british foreign secretary jack straw announced in british house of commons details of new constitution had been agreed. there differences between draft constitution , 1 uk agreed, namely governor s title remain unchanged, , police authority remain independent of government of gibraltar.

2006 constitution

in december 2006 gibraltar granted new constitution, providing modern constitutional relationship between gibraltar , united kingdom, not based on colonialism. constitution not in way diminish british sovereignty of gibraltar, , united kingdom retains full internal responsibility gibraltar, including gibraltar’s external relations , defence, , member state responsible gibraltar in european union.

writing spanish foreign minister, jack straw stated:

own view [is] label colonial misleading , anachronistic in context; regardless of united nations dimension. peter caruana , said in our joint statement on monday, new constitution provides modern , mature relationship between uk , gibraltar. not think description apply relationship based on colonialism.

after several months of political wrangling, gibraltar government published draft constitution order, includes existing preamble promising there no transfer of sovereignty against wishes of gibraltarians , new addition explaining status.

whereas gibraltar part of majesty’s dominions , majesty’s government have given assurances people of gibraltar gibraltar remain part of majesty’s dominions unless , until act of parliament otherwise provides, , furthermore majesty’s government never enter arrangements under people of gibraltar pass under sovereignty of state against freely , democratically expressed wishes:


, whereas people of gibraltar have in referendum held on [date] freely approved , accepted constitution annexed order gives people of gibraltar degree of self-government compatible british sovereignty of gibraltar , fact uk remains responsible gibraltar’s external relations.

the proposal put people in referendum , approved. constitution took effect in 2007 , 29 january declared public holiday in celebration.

integration uk

various groups in gibraltar have campaigned in favour of far closer relationship britain, in form of devolved integration or incorporation britain itself. similar offer made malta in 1955, under malta represented in british house of commons , placed under home office, while retaining internal self-government. similar status france s overseas departments , spain s north african enclaves, ceuta , melilla, claimed morocco. 1 of spain s arguments in rejecting comparisons between gibraltar , these territories part of spain, whereas gibraltar british overseas territory , not part of uk.

however, british foreign office rejected idea in 1976, along independence, on grounds further constitutional reform or decolonisation have take account so-called spanish dimension . similarly, has been opposed governments in gibraltar itself; in election manifesto in 2003, gibraltar social democrats argued integration involve loss of significant degree of vital self-government , hand power on our vital affairs (and therefore our ability survive) people in london.

while there still attachment idea of gibraltar being british, some, leader of liberal party, joseph garcia, see rock s future being within larger europe of regions , rather part of 1 nation state or another.

condominium

the idea of condominium, sovereignty on gibraltar shared between uk , spain, has been proposed. in 1985, during talks british foreign secretary geoffrey howe, spanish foreign minister fernando morán proposed condominium or leaseback period of between 15 , 20 years, before spain regained full sovereignty, received no reply british government.

in 1991, spanish prime minister, felipe gonzalez, reported have proposed plan joint sovereignty, under gibraltar become autonomous, british , spanish monarchs joint heads of state, rejected government of gibraltar in july of year.

in 1997, spanish foreign minister abel matutes put forward proposal joint sovereignty on gibraltar, entailed full spanish sovereignty after transitional period, british counterpart, robin cook, stated there no question of compromise on sovereignty .

although co-principality of andorra, in president of france , bishop of urgell joint heads of state, has been suggested model gibraltar, in 2010, chief minister, peter caruana, argued not case of joint sovereignty between spain , france, under andorra s 1993 constitution, neither country exercised sovereignty on principality.