The Council of State does not endorse that Puigdemont’s candidacy is challenged



Agencies | Drafting

The Council of State alleges that it is not possible to present appeals before the TC in a preventive manner. However, the Spanish Government has assured that it intends to proceed with the appeal.

The Council of State has responded this afternoon to the Spanish Government that it does not see grounds to challenge now before the Constitutional Court (TC) the candidacy of Carles Puigdemont to preside over the Generalitat, sources from the institution have indicated.

The central government had asked the Council of State this morning to issue a report, which is mandatory, but not binding, on challenge to the appointment of Puigdemont, proposed last Monday by the president of the Parliament, Roger Torrent, who signed it the following day.

However, the Council of State alleges that it is not possible to present resources before the CT in a preventive manner.

The Spanish Government maintains the intention to appeal

The Spanish Government maintains the intention to appeal to the Constitutional Court Puigdemont’s candidacy proposal despite the fact that the Council of State has not endorsed doing so now.

Executive sources have recalled that this report it is not binding and they have assured that they intend to proceed with the appeal.

According to the sources, in the case of Puigdemont’s candidacy to be sworn in, the Council of State endorses the legal arguments raised by the Executive, but disagrees on the timing of doing so.

They add that the Council of State does support the theses of the central government in the second report that I had requested.

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Specifically, to determine whether a candidate who is not present in the Chamber can be invested without his presence, if the fact that this is admitted by the Bureau of Parliament could be challenged by this same procedure before the TC, and to rule on the hypothetical acceptance of the delegated vote of the deputies who are outside the national territory.

This report from the Council of State is expected to be analyzed this Friday at the Minister council, which will be the one that finally decides if the President of the Government, Mariano Rajoy, authorizes to appeal to the TC.

Puigdemont demands the resignation of Santamaría for pretending a “fraud of law”

For his part, the leader of JxCat, Carles Puigdemont, has demanded the resignation of the vice president of the Spanish Government, Soraya Sáenz de Santamaría, for “the fraud of the law that he intended to orchestrate” against his candidacy for the Presidency of the Generalitat.

Puigdemont has published this message on Twitter after the opinion of the Council of State was known. The president has published the news on Twitter and commented that “the vice president Soraya Sáenz de Santamaría has to resign immediately due to the fraud of the law that he intended to orchestrate”, exactly the same message that the JxCat deputy has published Elsa Artadi.

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George Holan

George Holan is chief editor at Plainsmen Post and has articles published in many notable publications in the last decade.

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