Spanish Constitutional Court accepts to consider Podemos’ appeal against Article 155

The next step is for the magistrates to study the political party’s argument to remove the constitutional measure that seized Catalonia’s self-rule

The Spanish Constitutional Court on 7 September 2017 (by Tània Tàpia)
The Spanish Constitutional Court on 7 September 2017 (by Tània Tàpia) / ACN

ACN | Barcelona

January 10, 2018 01:34 PM

Spain’s Constitutional Court is to consider the appeal presented by the Podemos political party against the enforcement of Article 155, the provision in the Spanish Constitution that allowed for the taking over of Catalonia’s self-rule. It was implemented as a response to the push for independence and the subsequent declaration of a Catalan state last October 27.

Although they have accepted to consider the appeal, no decision will be made to act on it as of yet. The decision will be taken by the Spanish magistrates after reviewing Podemos' argument, which requests that the Spanish Government rescind all measures included in the application of Article 155 in Catalonia.

The Catalan parliament also appealed against the enforcement of Article 155 in Spain’s Constitutional Court on January 9, after agreeing to do so on December 27. Thus, the court will decide if it’s admitted in coming sessions.

Appeal requests rescinding Article 155 measures

In the appeal, Podemos requested that the Spain’s Constitutional Court rescind the measures provided by Article 155, including the dismissal of all the members of the Catalan government, as well as the dissolution of the Catalan parliament.

Spain’s Constitutional Court agreed to transfer the request to the Spanish Congress and Senate, as well as to the Spanish government, which have 15 days to take part in the procedure and to contest. 

The appeal, drafted by professor of the University of Barcelona, Joan Vintró, questions the constitutionality of the Spanish Senate and Spanish Council of Ministers’ agreements regarding the enforcement of Article 155. The parliamentary group of Podemos in the Spanish Congress submitted the appeal without the support of any other parliamentary group, as it wasn’t necessary since they have more than the 50 MPs needed to submit any appeal in Spain’s Constitutional Court. Pro-independence parties PDeCat and ERC have shown an interest in the proceedings.