The State yesterday put up at full speed its policy and institutional response to the Law Questions Catalan Parliament and the calling of 9-N . The first guarantee it came into the hands of Government State Council approved unanimously two opinions in favor of the Executive recourse against that law and against the call to the polls.
There will therefore two challenges, as the Government wanted to leave no stone unturned. The goal is not only the law be paralyzed, but any other act that may prepare or promote consultation of 9-N. The essential argument of the State Council against both initiatives is leading to an undercover referendum.
The State Council met at 7 pm on an extraordinary basis for their judgments contrary to those provisions. It took just an hour and a half to close the deal. The government, in turn, held today a Council of Ministers also extraordinary, and the same agenda-will -reunirse outside the Constitutional Court (TC) this afternoon or tomorrow at most.
It is, Therefore, a coordinated emergency response to an initiative by the Government and the Council of State seen as contrary to constitutional pact. In this case, the presentation of the reports of government advisory body has been responsible for the senses of the first section of the Board and former president of Congress, Lleida Landelino Lavilla.
The Constitutional Court, in turn, something else will take a decision on the merits. For now, the following action was brought to today presented the Executive clock, the TC shall order the suspension of the law of consultation and also render void the subsequent decree convoking the 9-N.
This decision is automatic because it derives from the admission of the double challenge. The Constitution, in short, can not do otherwise. If the action of the government comes with all formal requirements and concerns constitutional matters, the full TC has to suspend the law and its effect retroactively. They will not have any legal value, therefore, any act or provision the Government may have made from the time of the challenge of the Executive.
There can be little doubt that the TC be admissible the appeal of the Government unanimously, as the matter raised Consultations law is directly related to basic constitutional norms. Including those relating to the right of political participation and call for referendums and consultations. Neither the Council of State and the Constitutional Court have to innovate much about what these same institutions have decided in the past that are the closest precedent. The State Council and held in March last year that the Government should use the declaration sovereigntist tion approved by the Parliament two months earlier. Then there was some debate about whether a policy initiative as the Catalan legislature had no legal effect.
The opinion of the Council of State itself in that episode already contained all the elements that now you have to estimate that the constitutional government against the law of consultations is appropriate. At the time, this body and found that the above statement represented a “roadmap” of an option type sovereigntist strategy that went beyond an initiative without prejudice.
For the Council State the steps taken since then by Catalan institutions confirm those theses. In any case, the TC, which convened an urgent full upon receipt of resources, has well established its doctrine on the difference between a referendum and a query. The core of this doctrine is to consider that some of the electorate can not be convened to decide what the responsibility of a whole, as the Spanish people as a whole the holder of sovereignty. When ruling on the sovereignty declaration, the TC and denied the existence of a sovereignty desgajable Catalan Spanish sovereignty as a whole, arguing that the Constitution so provides.
However, the TC did not close the door to the right to decide, now expressed as a political aspiration. But the condition for this right could be exercised would be the existence of a prior political agreement that would lead to a constitutional amendment. With the current text of the Constitution, none of this is possible, holding the TC in its judgment, consistent, moreover, with what he said when hearing the appeal filed against the PP statute reform from the opposition .
No need to go into these hypotheses, the State Council yesterday gave the first step to stop the query by sending the 9-N government favorable to the filing of the report announced resources. The agreement was made without are accurate long deliberations by the Standing Committee of the institution, composed of its president, José Manuel Romay Beccaria, and directors Fernando Ledesma, Miguel Herrero de Minon, Miguel Rodríguez Piñeiro, Alberto Aza, José Luis Manzanares Maria Teresa Fernandez de la Vega and Enrique Alonso.
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