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Spain's government strategy to stop the independence declaration

The independence declaration approved by the Parliament this past Monday will in the end be taken before the court. The Spanish Council of State has unanimously approved the appeal that the Spanish government presented to the Spanish Constitutional Court (TC) and considered the independence proposal to violate four articles of the Spanish Constitution. According to the Council, it is an attempt against Spain's "national sovereignty", "the indivisible unity of Spain" and "the subjection of the public powers to the law", besides other articles of the Catalan Statute of Autonomy. Spain's public prosecutor’s office also commented on the declaration and warned that the police have been called to investigate and denounce any "sedition crime" against Spain's government, referring to the Parliament's foreseen disobedience to the TC's resolutions.

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10 November 2015 07:26 PM

by

ACN / Sara Prim

Barcelona (CNA).- Spain turns to the court and the police to stop the independence declaration. The Spanish Council of State has unanimously approved the appeal that the Spanish government presented to the Spanish Constitutional Court (TC) in order to stop the Parliament's declaration of independence. The Council was requested by the Spanish Government to meet as a matter of urgency and has ultimately decided that there is enough "legal basis" to suspend the independence proposal. According to the body, the proposal violates four articles of the Spanish Constitution, such as "the indivisible unity of Spain" and "the subjection of the public powers to the law", amongst others. If the Parliament refuses to adhere to the TC's resolution, the police will consider it as "a sedition crime" against the government, warned Spain's public prosecutor’s office.  


In order to stop the independence declaration and apply precautionary measures, the Council suggested the application of article 161.2 of the Spanish Constitution, which establishes the automatic suspension of any resolution appealed by the Spanish Government.

The body considered the Spanish Government appeal to have enough "legal basis" to proceed and pointed out that the independence declaration has legal implications and, therefore, could be impugned by the Spanish Constitutional Court (TC). The Council considered the independence proposal to be an attempt against four articles which are "the core of the Spanish Constitution": Spain's national sovereignty, the indivisible unity of Spain, the subjection of the public powers to the law and the mechanisms to reform the Constitution.

The police will report any disobedience to the TC's resolution

The Council's approval is not binding and represents the step before the Spanish government ultimately approves the appeal this Wednesday. However, the definitive document that the Spanish government will present to the TC is set to go further. Spain's strategy is to fine and even suspend those public representatives who won't adhere to the TC's resolutions. In this vein, Spain's public prosecutor’s office announced that all the police bodies in Spain, including the Catalan Police, have been urged to investigate and denounce the possible "sedition crimes" committed in Catalonia, referring to the Parliament's foreseen disobedience to the TC's resolutions.

Therefore, Spain's public prosecutor’s office willhave to elaborate reports on these crimes including the "responsibility, participation and circumstances" and refer them to the magistrates court of the 'Audiencia Nacional', which is the court dedicated to investigating and ruling on organised crime, terrorism and international fiscal offences. 

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  • Façade of Spain's Council of State's building, in Madrid (by ACN)

  • Façade of Spain's Council of State's building, in Madrid (by ACN)