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Advisory body counsels Spanish government not to challenge anti-monarchy motion

Catalan Parliament passed text condemning King of Spain that Madrid cabinet intends to take to Constitutional Court

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26 October 2018 11:26 AM

by

ACN | Barcelona

Spain’s most senior advisory body, the Council of State, has advised the Spanish government not to challenge the motion against the monarchy passed in the Catalan Parliament two weeks ago.

This comes after the Socialist cabinet in Madrid announced its intention to take the measure to the Constitutional Court.

The Council of State says that the Catalan Parliament “cannot oppose acts performed by the head of state.” However, the chamber can “express its disapproval” of some of the king’s actions.

According to the advisory body, the political debate “is not subject to limits that impede taking stances contrary to the Constitution.”

The Parliament's resolution is a “serious violation of the principle of constitutional loyalty,” says the Council of State, but it considers that the response to it has to be political.  

  • "[Political debate] "is not subject to limits that impede taking stances contrary to the Constitution"

    Spain's Council of State

“Questioning the king, beyond functions of parliament,” says Spanish executive

Last Friday the Spanish government announced taking the first steps to challenge the motion.

Its spokeswoman, Isabel Celaá, said that the executive "rejects the fact that the figure of the king is questioned in political debates."

"The government considers that questioning the king is beyond the functions given to regional parliaments," she added, calling the resolution "unacceptable."

Motion against king

The motion was proposed by the left-wing Catalunya en Comú-Podem (CatECP) coalition and passed with votes from Junts per Catalunya (JxCat) and Esquerra Republicana (ERC), the two main pro-independence parties and government partners.

The parties that voted in favor of the motion criticized King Felipe VI for his speech on October 3, 2017, in which he took the Catalan government to task for organizing a referendum on independence that had been deemed illegal, and made no mention of police violence against voters.

The resolution also reasserted support for “republican values" and the abolishing of “an outdated and anti-democratic institution like the monarchy." 

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  • The headquarters of the Council of State in Madrid (by Roger Pi de Cabanyes)

  • The headquarters of the Council of State in Madrid (by Roger Pi de Cabanyes)

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