The Government is waiting for the Catalan law consultation is approved and the time to choose the president of the Generalitat, Artur Mas, to sign the call for the independence of Catalonia query morning to meet emergency and initiate procedures for the Constitutional Court to halt the process.
The government has provided various scenarios and based on the same legal responses is ready. In this regard, the sources consulted by Europa Press, explained that although the events that will be happening are known, they are not sure what the timetable will use Artur Mas. Therefore, considering the same, the Executive shall convene a special meeting of the Council of Ministers to urge the State Bar to resort
The first step will take place tomorrow in the Catalan Parliament.: the adoption of the law of consultation and subsequent publication. From that moment, the Government has already announced that it will appeal to the Constitutional Court rule on the grounds that the regional legislative powers that do not belong arrogates. To submit the application, you need a report from the Council of State, which may be written in a matter of hours if so requested by a Council of Ministers.
President of the Generalitat support in the Act of the Parliament to sign a decree calling for the independence consultation on 9 November, although it is unknown when. Also this event will be applied to the Constitutional Court.
The Executive may request reports and authorize the filing of both resources in a single Council of Ministers, a session that could be extraordinary and celebrated this same weekend. All depends on when the official publication Mas Catalan law firm and when the decree of convocation of the query.
Action and suspension
The Government pointed out in recent days that their actions before the High Court shall be accompanied by a request for suspension, which has retroactive effect, ie, prevents the entry into force of the contested act, under section 161.2 of the Constitution. The suspension will be effective at the same time the Constitutional Court accepted for processing the appeal of the Government. Next week, the High Court held plenary sessions from Tuesday to Thursday.
The state attorney general, Eduardo Torres-Dulce also explained that the support and resources dictate suspension can a Constitutional requirement that the authority is satisfied, “so that all those who have to fulfill him know clearly.” I mean, would suggest the risk of committing a crime of disobedience if more Artur continues preparations for consultation on 9 November.
However, other constitutional experts consulted by Europa Press interpret it is not necessary that the High Court do any of these indications that the suspension has run and the penal consequences envisaged in case of disobedience.
That first suspension in any case has a period of four months and the Court must renew periodically until sentencing, for which may take years.
expected Arguments
To build your defense, the Government already has a report from the Council of State and other State Bar on the sovereignty declaration adopted by the Catalan Parliament in 2012 In addition, as has been commissioned to remember at public Vice President, the Executive has considered the report of the Board of Statutory Guarantees on Catalan law consultations. was favorable, but the vote against four of its nine members
The signers of these four individual opinions, including Vice President of the Board of Guarantees, Pere Jover, agreed to understand that the standard consultations are posed as if they were a referendum and for the latter, the Government has no power. This would be a referendum “simulated” point, which does not have the guarantees required by the Constitution or by the Catalan Statute of Autonomy.
As for the Council of State and the Prosecutor’s State, conducted two separate opinions to the government after the declaration of sovereignty of Catalonia approved by the Parliament on 23 January 2013 The advisory body and then talk that there is no institutional subject holds a right to decide than the people Spanish as a whole; the only possibility is that a reform of the Constitution by the means provided for in the Constitution itself occurs.
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