constitutional court

The Spanish Constitutional Court (TC) unanimously approved the appeal presented by the Spanish Government to suspend the Parliament's declaration of independence. The TC will now apply article 161.2 of the Spanish Constitution, which establishes the automatic suspension of any resolution appealed by the Spanish Government, and suspend the declaration, initially for five months. The approved appeal also warns Parliament’s President, Carme Forcadell, current President Artur Mas and all the members of the executive and Parliament's Bureau that those who won't adhere to the TC's resolutions could be fined or suspended. In this vein, Spain's public prosecutor’s office announced on Tuesday that all the police bodies in Spain, including the Catalan Police, had been urged to investigate and denounce the possible "sedition crimes" committed in Catalonia.

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.

The Spanish Constitutional Court (TC) will in the end allow the plenary session to put the pro-independence declaration to vote. The TC hasn’t adopted the precautionary measures that the PPC and Ciutadans asked for in order to stop the debate on the ‘Junts Pel Sí’ and CUP agreed proposal and will allow the plenary session to vote on the roadmap towards independence proposed by ‘Junts Pel Sí’ and CUP. They pointed out that precautionary measures are only adopted in “cases of extreme urgency” and that they understand that this is not the case. However, the TC accepted the three writs of protection presented by the Catalan People’s Party, PPC, the Catalan Socialist Party, PSC, and anti-Catalan nationalism Ciutadans. The magistrates expressed this Thursday in a joint letter that the appeals have been accepted because they “transcend the concrete case” and “raise judicial matters of a relevant social repercussion, with political consequences”. Spanish Prime Minister Mariano Rajoy assured that if the pro-independence proposal is ultimately approved, the executive itself will appeal. 

More than 7,000 catalans living abroad couldn’t exercise their democratic right to vote in the past 27-S elections. Catalan Minister for Public Administration, Mertixell Borràs accused Electoral Roll Office of “violating fundamental rights” by denying the government’s petition to extend the postal vote for those Catalans living abroad but contradictorily accepting to do so for soldiers and Catalans living in other parts of Spain.. “We warned that we won’t stand on the side lines and we haven’t” stated Borràs and announced that the Catalan Government presented an appeal to the Supreme Court to “assume responsabilities”. “It is clear that irregularities did happen in the months and weeks before the 27-S” and “someone must be held accountable, whether it is someone in the Postal Service, the Foreign Ministry, or the Electoral Roll office” she stated. “We have to make sure that this won’t happen again and that such an absurd situation won’t  go unpunished”. 

The Spanish Senate approved this Thursday the reform of the Spanish Constitutional Court (TC) Law to be able to fine and suspend from office those public servants, politicians and authorities who don’t comply with its rulings. The reform proposal was announced a month ago by the People's Party (PP) leader in Catalonia, Xavier García Albiol, and was approved as a matter of urgency. Albiol stated that this amendment to the Constitutional Law will work as a barrier to dissuade “anybody from declaring Catalonia’s independence”. According to the Spanish executive, the new law will "guarantee" that the TC stops "those who want to break Spain" from doing so. The entire opposition has described the reform as "an electoral act" and accused the PP of "manipulating the Spanish justice system with political motivations". The reform was approved with 143 votes in favour, 80 against and 1 abstention and will become effective in the following days, once it is published in Spain's Official Journal (BOE). 

Catalan President Artur Mas reacted this Wednesday to his summonsing by Catalonia’s Supreme Court (TSJC). “Legally I didn’t disobey. Politically, there was a democratic rebellion against the State” he stated in a radio interview with Catalunya Radio. The charges are “the reaction of an arrogant, furious, clumsy state, whose pride was hurt, which is incapable of dialogue and which will do everything in its hands to get rid of me” he summarised. On the other hand, Spanish Prime Minister Mariano Rajoy considers it “false and unfair” to attribute the court’s decision to the Spanish government, as in Spain there is a “separation of powers”.

Catalan government spokeswoman, Neus Munté, stated that the suspension will be appealed and described the decision as “another example of asphyxia and re-centralisation”. The Catalan reform stipulated that all those civil servants who wanted to apply for a position in the entity, would need to have permanent positions in Catalonia. The Constitutional Court (TC) considered the new law to have violated the right of all Spanish citizens to access the entity under the same conditions. 

The Catalan President, Artur Mas, recognised that he is the target of the law reform that the conservative People’s Party (PP) announced on Tuesday, which he described as a threat to the rule of law. The project aims at the Court being able to suspend or fine politicians who disobey Constitutional Court rulings. According to the PP, it is unconstitutional to ask Catalans if they want to separate from Spain, let alone to declare independence. Mas stated that the PP “wants to destroy the rule of law” with this decision that he regarded as an old-fashioned way of doing politics more proper of “the Inquisition” than of a democratic country. President Mas will appear before the Parliament this afternoon to defend his decision to call elections on the 27th of September. The Catalan President will answer questions from members of parliament about the poll, which pro-independence groups consider as a ‘de facto’ referendum on independence. The PP has also warned that it will ask Mas about the Spanish Guardia Civil search that took place last week in the headquarters of his party CDC and the President’s party Foundation CatDem.

The candidate for the conservative People's Party (PP) in the upcoming Catalan elections, Xavier García Albiol, presented on Tuesday a proposal to reform the Spanish Constitutional Court (TC) Law and make sure that its rulings are adhered to by civil servants and politicians. García Albiol admitted that the plan is especially designed to stop Catalan President Artur Mas’ push for independence, which unionists say is unconstitutional. “It’s a clear message to those who want to break Catalonia away from the rest of Spain: the joke is over”, he warned. The reform will be passed urgently by the Spanish Parliament this month, and will set in place the mechanisms and resources needed to take action against those who don’t obey the Constitutional Court’s decisions. Civil servants or politicians that ignore rulings may face fines or even suspension from office. The Catalan Government spokeswoman described the TC’s reform plan as a decision taken because of the election on the 27^th of September, and regretted that it only adds more “repression, threats and fear” to the political debate.

The Catalan Minister for the Presidency, Francesc Homs, has stated that they are "sceptical" about the constitutional reform that the Spanish Prime Minister and leader of the People's Party (PP), Mariano Rajoy, is starting to consider. The Spanish Justice Minister, Rafael Català, said 10 days ago that his department would "study a constitutional reform" which would not make any concession to Catalonia's demands. For the last 3 years, Rajoy and the PP have been unilaterally blocking any attempt to launch a constitutional reform debate. Now, with Catalonia's independence being a distinct possibility if pro-independence parties win the forthcoming 'de facto' referendum scheduled for 27 September, the Spanish Government has started to say it would consider a limited reform, particularly to strengthen its own powers. This Monday, the Catalan President's 'right-hand man', Frances Homs, said that they will not even consider such a constitutional reform if it does not include Catalonia's right to self-determination.

The Spanish Prime Minister, Mariano Rajoy, has stated that Catalonia's upcoming elections are Spain's "main risk" to the State itself and to the country’s economic recovery. Rajoy read a speech before the press before departing for his summer break, and Catalonia's independence was one of the main issues he talked about. The Spanish PM stressed that the government he heads "will never allow secession to happen"; "by no means will there be independence", he emphasised. He also stressed that the Spanish Government is ready "to fight the battle of defending the many millions of citizens who feel Catalan, Spanish and European". Rajoy said he is satisfied with the strategy he has been employing during the last few years, based on a total rejection of even talking about the organisation of a mutually-agreed vote like the one that took place in Scotland. According to him, his approach was "cautious and proportional". "We have not made any concession", he added, "nothing". According to him, any Spanish PM would have acted in the same way, as "it is not easy to hold a dialogue with somebody who wants to organise a referendum".

The Spanish Parliament has approved a bill through which the Spanish Government can take control of the Mossos d'Esquadra (Catalonia's police corps managed by the Catalan Executive), in order "to defend Spain" or in the event of a natural disaster. The Spanish Government has justified the measure by stressing the need to enhance coordination in a crisis situation, putting several security corps under the same command. However, the law also comes in the middle of Catalonia's debate on independence from Spain and with several voices in Madrid, including leading members of the Spanish Government, talking about the possibility of suspending Catalonia's autonomy in the event of a unilateral declaration of independence. The Catalan Government will take the new law to the Constitutional Court, as it is an invasion of its own powers.

The President of the Catalan government, Artur Mas, has told parties favouring the right to self-determination on Thursday to "enhance" the plebiscitary character of the 27-S elections after the Spanish Constitutional Court (TC) ruled the Catalan government's preparations for the 9-N election unconstitutional. The 9-N ballot asked voters whether Catalonia should be independent. According to Mas, the judgment evidences that the Constitution has become a "dead end" and that there is no other route left except for a plebiscitary vote. He warned that the TC cannot "override or erase" the vote of 2.3 million people on 9-N.

The Catalan Government has approved its 'Strategic Plan for the External Action 2015-2018', which foresees the opening of additional delegations abroad. The Spokesperson for the Catalan Executive and Minister for the Presidency, Francesc Homs, who is in charge of External Relations, announced that some of these delegations may be opened in the coming weeks. Homs admitted that the Spanish Government may appeal against the new delegations and the plan, as it did with the delegations in Rome and Vienna, and the External Action Law. The Law was approved last November but was already foreseen in the Catalan Statute of Autonomy from 2006. In addition, Catalonia's own external action was validated by the Spanish Constitutional Court in 2010. With the independence debate on the table, the Spanish Government is insisting on reducing the number of delegations and controlling their activities.

The fee that was temporarily charged on each drug prescription in Catalonia between June 2012 and January 2013 has started to be refunded by the Catalan Government, after the Constitutional Court definitively banned it in May 2014. The decision came after an appeal from the Spanish Government, despite the People Party (PP) initially having supported the measure in spring 2012. However, after the Catalan Government started to back independence from Spain in autumn 2012, the PP decided to oppose the drug prescription fee. The measure had been adopted to reduce pharmaceutical spending, with the final goal being to reduce public deficit. In the short period the fee was in place, €45.7 million was directly earned but much more was saved, since drug spending dropped by around 23%. According to the Catalan Government's calculations, so far 100,000 euros has already been returned to approximately 5,000 people and about €6 million will be returned in total. So far, 300,000 people have filed the request, with an average of €20 per person.