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Sacking government unconstitutional, reports independent advisory council

“It would have been possible to implement less restrictive measures,” the authority states

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06 December 2017 12:15 PM

by

ACN | Barcelona

The Catalan Council of Statutory Guarantees (CGE), an independent advisory council, has concluded that dismissing the president and all ministers of the government is unconstitutional because “it does not respect the principles of proportionality.”

“In order to achieve the ultimate purpose pursued by Article 155 of the Spanish constitution, this was neither a necessary nor indispensable measure,” states the ruling by the Catalan non-governmental body.

lthough its decisions are non-binding, CGE reaffirmed the unconstitutionality of the measures, as it had already done so on October 26, at the request of the government just before the president of Spain, Mariano Rajoy, announced the sacking of the Catalan executive.

According to the CGE, “it would have been possible to implement other, less restrictive measures that would also be compatible with the effectiveness of the mechanism of state coercion.”

On the other hand, the advisory body, which works independently from the government and any political organization, believes that Rajoy’s convening of snap elections and dissolution of the parliament  in Catalonia is indeed constitutional. It explained that such actions have room for the “necessary measures of the article, and it is an option “less harmful to the principle of political autonomy as it facilitates the full restitution of self-government in the shortest period.”

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  • The executive council of the Catalan government prior to dismissal on October 24 (by ACN)