The TC rejects the appeal of the Generalitat against the application of 155


Politics

Catalonia

Agencies | Drafting

The Court also declares the unconstitutionality of the electoral receivership and the call for 1-O

The Plenary session of the Constitutional Court has issued this Friday several resolutions related to the ‘procés’, including one that unanimously rejects the appeal presented by the Generalitat against the agreement by which the Senate gave the green light to the application of the measures of article 155 of the Constitution against the unilateral declaration of independence.

The initiative is inadmissible because the Generalitat presented its writing before the Upper House came to vote on the measures adopted by the Government. In addition, the high court corrects the appeal presented by the Generalitat, by making a mistake in the date referred to the vote in the Upper House, and clarifies that this did not take place on the 20th but on the 27th; that is, last Friday.

On the other hand, the court of guarantees has made public the sentences that declare the unconstitutionality of three of the steps of the ‘procés’. Thus, it annuls the Resolution of the Parliament of Catalonia designating the electoral syndicate, the Decree of the Generalitat of complementary norms for the celebration of the referendum of self-determination and the decree of convocation of the referendum of self-determination of Catalonia.

The three sentences refer to the legal arguments of the sentence handed down on October 17, with which the Court declared the unconstitutionality of the Self-determination Referendum Law.

Among other constitutional principles, the supremacy of the Constitution, national sovereignty and the indissoluble unity of the Spanish Nation are violated, according to the judgments of which the Vice President of the Court, Encarnación Roca, and the Magistrates Fernando Valdés Dal- Ré and Santiago Martínez-Vares.

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Assumptions for self-determination

In the ruling on the Referendum Law The court already recalled, and now the magistrates are doing it again, that the right of free self-determination “of the peoples who proclaim the International Covenant on Civil and Political Rights and the Covenant on Economic and Social Rights (both signed by our country) has remained limited in “various unequivocal resolutions of the United Nations” to cases of “subjugation of peoples to foreign subjugation, domination and exploitation”.

Outside of these assumptions, “any attempt aimed at totally or partially breaking the national unity and territorial integrity of a country is incompatible with the purposes and principles of the United Nations Charter,” insists the TC.

On the other hand, for the Constitutional Court, all these norms regarding referendum consultations violate, among other constitutional principles, the supremacy of the Constitution, national sovereignty and the indissoluble unity of the Spanish Nation.

The ruling reiterates that the Constitution admits “its total revision”, but this can only be carried out “within the framework of the reform procedures” that the constitutional text provides. “Another thing would suppose – adds the sentence – to free to the public power of all subjection to Right, with irreparable damage for the freedom of the citizens”.




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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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