Enrique Alonso García, one of the members of the Council of State, on arrival at the headquarters of the institution. / ALEJANDRO RUESGA
The Standing Committee State Council has contested this Sunday after an extraordinary meeting all the legal arguments put forward by the Government of Catalonia to justify consultation on 9 November. In an opinion adopted unanimously and signed by the president, José Manuel Romay Beccaria, the advisory body denies the ability of the Catalan government to convene consultations for a part of the Spanish population, in this case of Catalonia, a ruling on a matter as sovereignty, which affects all Spaniards.
With this opinion, the Council of Ministers will meet on Monday, led by Mariano Rajoy after his return from an official trip to China, to promote judicial review Catalan unlawful inquiries and the decree of convocation of 9-N. The report of the Council of State is mandatory but not binding. Still, on this occasion will be taken into account. The arguments are aimed to deny the thesis of the Government of the decree of reference for the Catalans to vote on November 9 has no binding legal effect.
The directors consider that this is a wide referendum rule, and therefore their call is only relevant for the government of Spain, as a mark of Article 92 of the Constitution. Once the meeting ended, several Council members have remained in the room to raise additional considerations to be incorporated into the final judgment.
The response of the State Council to question the Government on the appropriateness of appealing to Constitutional law both as consultation is based on the claim that the law passed by the Catalan Parliament exclusive powers invade the state. So, although some jurists gave assured that the decree to convene consultation is unconstitutional, it is doubtful whether it is the law itself. The advisory body, however, does see that the Government avail suitable both.
The thesis directors do not differ from those expressed by the State Bar regarding both issues. When the Catalan Parliament approved the increase last January to Congress a bill to delegate the power to hold the referendum, the Executive launched its legal machinery and raised its discretion to the courts, which has remained unchanged.
In that text, the Cabinet of Mariano Rajoy noted that the call for a referendum, while not binding, “belongs exclusively to the State in accordance with Article 149.1.1º of the Constitution. And besides, should be done through organic law in accordance with Article 92 of the Constitution. “
” The Constituent “, the statement continued,” also decided to expressly confer on the State the exclusive competence to authorizing the referendum. “
The purpose of the referendum referred to the legislative initiative signed by Artur Mas, defended the Executive,” is specified in the decision on the Catalans’ political future Catalan group ‘, regardless that, according to Article 1.2 of the Constitution,’ national sovereignty belongs to the Spanish people. ” Moreover, the query is intended to be held is also incompatible with Article 2, to oppose frontally very foundation of the Constitution, the indissolubility of the nation and the indivisibility of the homeland of all Spaniards. “
The Government then concluded that “the advisory referenda are provided in the one Constitution and only to subdue consultation of citizens political decisions of special importance, ie, can only be found which will be decided: not fit purely speculative inquiries. And if Catalonia alone, unilaterally, can not legally decide their separation from Spain, neither can technically see “.
Both Monday as the next few days, the battle between Government and Government remains in terms legal and constitutional. Rajoy appear after the meeting of the Council of Ministers to respond on behalf of the State to the actions undertaken by breaking Artur Mas. On Saturday, the president of the Generalitat stood the most significant issue in the last 37 years between the Catalan Government and the State. Neither will back down. Rajoy recourse on behalf of the Government in the next few hours the two Catalan initiatives and immediately be suspended. Meanwhile, Mas will launch the institutional referendum campaign, which explained that the Catalans will vote on 9 November if they want that Catalonia is a State and who answered yes would happen to the second question about whether they want independence from Spain . They can not answer because there is no consultation at least legal.
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