justifies accelerating the “constitutional and political importance” of the issue
MADRID, Sept. 29 (EUROPA PRESS) –
The Full Court Constitutional (TC) has unanimously agreed on Monday, after a meeting in just over an hour, to admit the two actions of the government against the law and the decree Catalan consultations call for “no referendum referendum” 9 November, which under Article 161.2 of the Constitution provides automatic suspension of both provisions for at least five months.
The explicit orders that the suspension also extends to “acts preparatory to the convening of such consultation or linked to them, “as well as the acts and resolutions that have been issued under the provisions of the Inquiries Act.
The twelve judges comprising plenary unanimously have paths and orders issued a statement something quite unusual after a mere admission trámite- in justifying their speed they are aware of the “constitutional and political significance of the issues raised.”
also , has agreed to issue demands to the Congress of Deputies and the Senate and the Parliament and Government of the Autonomous Community of Catalonia, which have a term of 15 days to make themselves in the action against the law, and other 20 days to make themselves known in the procedure for challenging the decree.
The parties shall have identical terms to, in each case, to submit their observations. Have also been appointed the judges who will be the speakers of the judgments that will be issued at the time, and that will be Pedro González Trevijano for action against the Law Consultations and Juan Antonio Xiol for brought against the notice of 9-N, as confirmed to Europa Press tribunal.
From the court we see that the admissibility does not constitute a ruling on the merits of such resources, the Court shall decide in due course.
add that admissions usually take no difficulties from a technical-legal sense, is to monitor as the formalities required by law have been met: meeting deadlines for filing the appeal, the appellant or legitimation the rule or regulation being appealed.
The House has just lasted a little over an hour, although the court guarantees worked from early afternoon to, first, have ready the mandatory reports on the admissibility of government resources and then to collect the twelve judges sitting in organ Conservative majority.
It was past one o’clock when the general counsel for the State, Marta Silva, recorded both resources and was at the expense of knowing whether the Chair of TC, Francisco Pérez de los Cobos, summoned to the House of urgency, what happened little later convocandose magistrates 18.30.
NEWS
In addition, the unusual way the House has released a statement explaining that decision has not been delayed – has produced just seven hours after the impugnaciones- presented because it is aware of ” constitutional and political significance of the issues raised.
The note adds that this plenary understands importance “to the Spanish society as a whole and in particular for the Catalan” and that his decision was limited to “prove the concurrence of the procedural conditions for admissibility of actions, without regard to the merits of the same.”
The statement affects the plenary session on Monday is of a “regular “that challenging the government” to the suspension of the provision under appeal, “so the Court has agreed to the suspension” both precepts challenged the Act as the disputed decree. “
TERMS SUSPENSION
The Order on the query explicit, as to the terms of the suspension, the decree of convocation and its attachments is suspended from Monday, the date of the application, for the parts of the process and since its publication in the Official Gazette for others, “as well as other actions to prepare for the consultation call or linked to it.”
In the case of the resolution on the Consultation Act, the application suspension has the same terms and also affects “all acts or resolutions have been issued in pursuance thereof.”
The decisions are communicated to the Presidents of the Parliament of Catalonia and the Government of the Generalitat and it is further ordered to publish the commencement of proceedings on the BOE and the Official Gazette of the Generalitat de Catalunya.
The Government had requested the suspension of Catalan law and decree of convocation, but also “the remaining preparation activities carried out or coming to the notice of this consultation, and any action related to said query. “
The main arguments are that a Government Autonomous Community has no competence to organize a referendum and also in the case of the notice of 9N, that “your kind contents against the attribution of national sovereignty, which corresponds to the Spanish people” and against the “indissoluble unity of the Spanish nation.”
In the case of the law of consultation, the Government has challenged the Title II, the first and second transitional arrangements and disposal first with arguments which point out that the law considers consultations “no referendums” are actually “materially a real referendum consultation when contemplating the electorate through a genuine electoral process. “
As for the decree of convocation, the Government relies on two types of reasons, some kind of competence,” whereas Catalonia lacks jurisdiction to hold a referendum authentic “and others relating to national sovereignty and indissoluble unity of the Spanish nation, contained in Articles 1.2 and 2 of the Constitution.
Both the constitutional law and challenging the decree of convocation, the decree invoked Article 161.2 of the Constitution, in accordance with the provisions of Article 30 of the Organic Law of the Constitutional Court, to ask the TC that “the suspension of the rules that are appealed and all other actions to prepare, made or coming to the notice of such consultation takes place, and any action related to said query.”
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