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Independence declaration ultimately suspended

The magistrates of the Spanish Constitutional Court (TC) have unanimously declared the Parliament's declaration of independence unconstitutional and, therefore, invalid. The TC has considered that the agreed pro-independence proposal approved by the Parliament on the 9th of November violates core articles of the Spanish Constitution, such as "the indivisible unity of Spain" and "the subjection of the public powers to the law" and also "attacks the Rule of Law". The TC has made its decision only 22 days after the appeal presented by the Spanish executive was accepted, which makes this resolution the fastest in the TC's history. On the other hand, the appeals against Spanish Government's abortion reform, led by People's Party (PP), are waiting for a resolution since 2010.  

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02 December 2015 07:26 PM

by

ACN / Sara Prim

Barcelona (CNA).- The Spanish Constitutional Court (TC) has unanimously declared the Parliament's independence declaration unconstitutional and, therefore, invalid. The TC has made its decision within a record time, only 22 days after the appeal presented by the Spanish executive was accepted, which makes this resolution the fastest in the TC's history. The magistrates have considered that the agreed pro-independence proposal approved by the Parliament on the 9th of November violates core articles of the Spanish Constitution, such as "the indivisible unity of Spain" and "the subjection of the public powers to the law" and also "attacks the Rule of Law".The Catalan Government Spokeswoman, Neus Munté described the TC's resolution as "political" and "predictable" and assured that the credibility of the Spanish Constitutional Court is "almost zero" to the Catalan Government.


The TC's resolution warns that the Spanish Constitution is "the supreme law" and points out that the sovereignty comes from Spain's "unity". On the 33 pages which compound the resolution, the magistrates assure that the declaration violates five articles of the Spanish Constitution and two of Catalonia's Statute of Autonomy and admit that although the text is only a declaration "it could generate its own legal effects".

Opposite to what was declared after approving the appeal presented by the Spanish executive, the TC hasn't made any specific warning to the Catalan representatives this time.

The Spanish Prime Minister, Mariano Rajoy commented on the resolution and assured to be "very glad" about it. "The vast majority of Spanish citizens believe in Spain, in the national sovereignty and in equality" he stated.

Unity to fight against Spain's attacks

The Catalan Government Spokeswoman, Neus Munté described the TC's resolution as "political" and "predictable" and assured that the credibility of the Spanish Constitutional Court is "almost zero" to the Catalan Government. Munté stated that the political content of the pro-independence declaration "remains unalterable" and that the Parliament and the future Government will have the responsibility to develop it.  

However, Munté admitted to be surprised with the TC's celerity. "It is a resolution express. Probably the fastest in history" she stated and added that "the Spanish State doesn't waste its time and neither does the Spanish Constitutional Court. In Catalonia, the pro-independence majority shouldn't waste its time either". Therefore, she called for "unity" to make "the democratic mandate of the 27-S" a reality and urged to "agree on President Mas investiture in order to create a new government, which could be able to react, as soon as possible". "To face the daily attacks from the Spanish State, the pro-independence majority represented by 'Junts Pel Sí' and CUP must unite and escape from the current dead-end road" she concluded.

CUP calls for a "massive and forceful reaction"

Pro-independence radical left CUP urged Catalans to take the streets and show their disconformity with TC's resolution against the independence declaration. "The citizens must give a huge response, however and whenever it would be required and do it in a massive, pacific and forceful way". "The Spanish Constitutional Court is an institution which doesn't work to us" stated CUP's MP Josep Manel Busqueta "it doesn't have the importance nor the relevance that it used to have".  According to him, such position reflects CUP's "commitment to the independence declaration" approved by the Parliament".

PPC: the autonomy could be suspended if "Mas shows off"

Catalonia's People's Party (PPC)'s leader, Xavier García Albiol assured that "some precepts" of the article 155 of the Spanish Constitution, which would imply the suspension of Catalonia’s autonomy, if President Mas "shows off" and disobey the TC's resolution. "We suspect that the pro-independence forces will continue to disobey, so the answer from the Rule of Law has to be proportioned" warned Albiol and added that "we shouldn't be afraid of applying the article 155". 

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  • Magistrates of the Spanish Constitutional Court (TC) (by ACN)

  • Magistrates of the Spanish Constitutional Court (TC) (by ACN)

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