State Council today approved unanimously supporting opinions in the Government brought before the Constitutional Court (TC) Catalan law inquiries and the decree convening the sovereigntist consultation on 9 November.
Power of the State Council have confirmed that the Standing Committee, composed of the president, José Manuel Romay Beccaria , and permanent directors has unanimously approved the two favorable opinions to the filing of the appeal. The meeting began at 19.00 and has recently completed before 21.00.
The government on Saturday asked the State Council preparing an opinion on the constitutionality issue and within 48 hours , with the intention that this Monday morning President Mariano Rajoy meets the Cabinet and order the immediate interposition of the two actions before the Court Constitutional.
The Deputy Prime Minister Soraya Saenz de Santamaria was commissioned yesterday to sign the request for a report to the State Council, in the absence of the president, who was returning from his official visit China . The request was formally submitted by the Minister of Public Administration, Cristobal Montoro, who will also receive the opinion and to the Council of Ministers.
The intention of the Executive is that resources are recorded as Monday. Since next week is not provided a full Constitutional Court, the President of the institution, Francisco Pérez de los Cobos , shall convene an extraordinary meeting to decide the admissibility of resources.
Immediate Suspension
The Deputy Prime Minister pointed out Saturday that the government will ask the High Court to suspend the application of both the law and the decree and that this will be effective with the admissibility of resources. The suspension will take effect from the entrance into force of the two acts challenged “and once suspended, can not be carried out any action aimed at executing” he said.
The suspension is valid for five months and after this time, if the Court has not ruled, must decide whether to extend the injunction or the lifted.
The vice president also warned against interpreting Convergence that, since the suspension is precautionary, the Government could also take precautionary measures to develop the decree of convocation.
“The suspension is automatic and the effect that it can have no effect, of any nature, none, not a preventive measure. Was suspended and ceases to have effect, because the two elements are suspended, law and decree, “replied the vice president.
Arguments in 15 days
Declared demand guarantees the court will refer it to Congress , the Senate and the autonomous community to appear in person and make allegations within 15 days. Article 4 of the Organic Law allows the Constitutional Court to take “all measures necessary” to preserve its jurisdiction, “including the declaration of nullity of those acts or decisions that subtract”.
Meanwhile, Article 92 provides that the court may “declare invalid any resolutions that contravene delivered in the exercise of its jurisdiction, during the implementation thereof after hearing the Prosecutor and the body that issued them. ”
Government sources have told Europa Press that there are different paths against default, if you give both the suspension of the Catalan law and the decree of convocation. You could keep track of appeal to the Constitutional Court, but also go to the administrative route.
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