The Parliament today sent to the Constitutional Court (TC) a letter which calls for “immediate end” of the precautionary suspension of the law of consultation and has warned of the risks of close “a legal expression of the right channel to decide the citizens of Catalonia. “
The Parliament has submitted its written the same day that the Government of Catalonia, which in this case has submitted two, one for the suspension of the Act and other by decree of convocation of the consultation on 9 November.
As reported by the Catalan Chamber, the legal services of the Parliament will again go to the TC to submit claims to the unconstitutionality who checked the Government PP, in order to uphold the law not refrendarias referendums and citizen participation conforms to the Constitution and the statute.
The Parliament has 15 days to file these claims from Today, the day on which the House has received official communication informing TC appeal by the Government against the law of consultation and its admissibility.
In the appeal, the lawyers of the Parliament stressed that with this suspension, “a legal channel for expressing the right to decide the citizens of Catalonia”, with “the serious risks that can cause social expectations in Catalonia.”
closes legal services of the Parliament remark that TC may at any time revise the suspension of the impugned law and agree the immediate lifting of it to be able to recover their full force and effect .
In addition, they argue that “the principle of legitimacy of the challenged law is reinforced in this case by the existing constitutional doctrine for popular consultations”.
So, consider the lifting of the suspension allow the law to act as “ideal” for exercising the right to decide legal channels, a concept that are endorsed by the Constitutional Court in its judgment issued in relation to the declaration of sovereignty of Parliament.
However, the continued suspension, according to the Parlament, prevents citizens of Catalonia to exercise “a right to participate directly linked to the constitutional principles and values on which the legitimacy of the government is based. “
The lawyers believe that the conditions are given to proceed to the immediate lifting of the suspension of the contested precepts.
In this regard, justify their argument by the “presumption of legitimacy” of the law and harms of “impossible or very difficult to repair” the continued suspension would produce on the principles and values of “democracy and pluralism” and ” participation rights. “
Also consider that, once the suspension lifted, there is always the possibility of challenging and suspend any actual acts implementing law.
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