The Catalan law on consultation and decree called to the polls for the 9-N signed Saturday Artur Mas were automatically suspended yesterday, just six hours after the Government of Mariano Rajoy was contesting before the Constitutional Tribunal.
In a unanimous decision requiring the convening of an extraordinary plenary session, the 12 judges of the TC declared admissible challenges and paralyzed the rule of law and the provision appealed. The court expressly included in the suspension “all other actions of preparedness’ of the query” or linked to it. “
The TC explained his actions by appealing to the” constitutional and political importance of the issues raised . “
Only 50 hours have had legal resume the decree convening the 9-N query signed Saturday Artur Mas and regional law that seeks to rely. Shortly before 20.00 pm yesterday, the Plenary of the Constitutional Court, sitting in an extraordinary way, agreed to hear the appeals promoted by the Prime Minister and temporarily suspended two acts of the President of the Generalitat and Catalan Parliament .
The decisions taken by the 12 members of the Constitutional were unanimous. Verification of compliance with the formal requirements, the admission of the challenges and was forced to suspend its validity automatically. The Constitution requires that adopt precautionary measure while the constitutional objections raised by the Government against a law or a regional arrangement are processed, and only the last five months Constitutional can choose to raise or maintain the suspension.
The peculiarities of plenary yesterday
yesterday were, however, two peculiarities that strayed from the usual script. The first, an unusual statement in the Constitution that justifies its speed. “The decision of the Full -limited the speedy resolution to check the attendance of the procedural conditions for admissibility of actions, without regard to the merits of the same ones is because the Constitutional Court is aware of the constitutional and political significance of the issues raised for the Spanish society as a whole and in particular for the Catalan “he explained.
The second, more important, is the acceptance of the request of the Advocacy of State to specify that the suspension of the challenged law concerns not only the Parliament and the Government, but also to any “third party” and affects both the law itself as “all acts or resolutions have been issued pursuant» of it.
Similarly, the suspension of the decree Consultation is convened 9-N extends to “all other actions in preparation for the convening of such consultation or linked to it.”
These clarifications which the TC did not, for example, when he stopped the query Ibarretxe – involve the suspension of any activity aimed at the conclusion of the consultation, including the campaign that has already begun to be realized.
The rapporteur of the appeal against the law of consultations will be Pedro González-Trevijano , Judge TC proposal of the Government of Rajoy. The rapporteur of the challenge to the decree of convocation will be Juan Antonio Xiol , Catalan, Judge TC proposed to the members of the General Council of the Judiciary appointed by the PSOE.
‘Invade powers of the State’
The Government’s appeal against Consultation Act states that this rule invades powers of the State because it is “in reality” one’s referendum consultation “beyond the legal name used” whose goal is “to provide legal cover the call for a referendum on the independence of Catalonia .”
“This patent stated aim and proclaimed in the parliamentary process in the history of the rule and the policy statements of the parliamentary groups that support the adoption of the law, called the application of the theory of abuse of law, in this case the Constitution ” adds.
Regarding the decree, challenging the Executive states that “the Catalan people consider sovereign or a portion thereof attributing the ability to be accessed independently and differently-the people of the sovereign subject Spaniard on issues affecting the unity of the Spanish nation (Catalan independence, Article 3 of Decree), giving the quality of ‘political and legal subject’, is a clear constitutional violation. “
The challenge, reminiscent Mas is “an organ of an autonomous public administration and, therefore, subject to the Constitution”, disputes that the purpose of the consultation is to know the opinion of the Catalans on their political future or a possible constitutional reform: “Do not ask about the reform, the object is to ask about the independence of Catalonia.”
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