constitutional court

Rajoy will set up an extraordinary meeting if the Catalan Parliament Bureau admits the referendum law

Government spokesman calls court’s stance ‘political and legal indecency’ and vows defense of amendment’s constitutionality

Spanish Government appeal in court suspends the reform to fast-track the referendum on self-determination in Catalonia

JxSí and CUP-Crida Constituent resort to ‘fast-track’ legislation in Catalan parliament to register bill for October 1 vote on self-determination

Sector representatives ask Parliament to approve a new digital levy after Spain’s Constitutional Court overturned Catalan audiovisual tax earlier this month

Non-unanimous court decision means authorities to lose €20.5m intended to boost Catalonia’s audiovisual sector

Catalonia’s top court upholds Prosecutor’s charges against Borràs and Esteve arguing need for investigation into evidence of criminal activity

Judges ban rules calling for more Catalan in film dubbing, education for new migrants and customer service

Judges ban rules calling for more Catalan in film dubbing, education for new migrants and customer service

The Spanish Constitutional Court (TC) has unanimously suspended a substantial part of the Catalan law for popular non-binding referenda, approved seven years ago in 2010. In particular, the magistrates have annulled the section which refers to calling a referendum at an autonomic level. They believe that this kind of referendum “is not foreseen in the Spanish Constitution nor in the State’s legislation”. Moreover, the TC has also decided to suspend the creation of the National Transition Advisory Council, a body created through a Catalan Government decree and aimed at beginning the necessary measures for completing Catalonia’s pro-independence process. In this fashion, the TC accepted the appeal presented by the Spanish Government, which claimed that the Catalan law for non-binding referenda was unconstitutional. 

The APPG group on Catalonia, created last March in the British Parliament by MPs from the main parties in Westminster, have sent a letter to Spain’s President, Mariano Rajoy, expressing their “concern” over the prosecution of the Catalan Parliament’s president, Carme Forcadell, who faces court “for simply permitting the debate” on independence in the Chamber. The signers consider it “a clear breach of the fundamental democratic right to free speech” and “urge” the Spanish Government “to drop the prosecution”. Forcadell was brought before the court in December accused of disobedience for allowing the pro-independence roadmap to be put to vote among the Catalan MPs on the 27th of July and will face trial again on Monday for the same case.

The Spanish Constitutional Court officially notified the Catalan Government about the suspension of the referendum allocations in the 2017 budget on Tuesday. The Court warned the Catalan President Carles Puigdemont and all the members of his government about the criminal consequences of disobeying the suspension. “We will keep going,” responded Puigdemont in a tweet, which included a picture of the five Court notifications that he has received so far against the plans for a referendum. The Catalan Government spokeswoman, Neus Munté, confirmed that the executive will appeal the suspension on the grounds that the organization of “electoral and participatory processes” is a competence “recognized” by the Catalan Statute, the organic law that defines the powers of the Catalan government.

The Spanish Constitutional Court (TC) accepted this Tuesday the suit presented by the Spanish Government which claimed that those line items in the 2017 Catalan budget oriented toward calling a referendum this September were illegal. The magistrates, which met in an extraordinary session to address only this matter, unanimously agreed to suspend these budget items for a period of 5 months, which could be extended if necessary. Rajoy’s Executive also wants Catalan President, Carles Puigdemont, and the other members of the Catalan Government to be personally notified of the suspension as well as the penal consequences of ignoring it. In particular, the TC suspended two line items: one establishes €5 million for electoral processes and €0.8 million for participation and the other refers to the possibility of calling a referendum with or without the Spanish State's permission.

The Catalan budget for 2017, which includes an allocation of €5.8 million to carry out the referendum on independence which the Government committed to call next September, has been taken before the court. The Parliament’s legal services already warned on the day the bill was passed that by doing so the chamber could be ignoring the TC. Indeed, the Spanish body called to impede or block any initiative emerged from the pro-independence declaration of the 9-N, which was already suspended.  The pro-independence parties in the Parliament, governing cross-party ‘Junts Pel Sí’ and radical left CUP backed the bill, which besides considering the referendum, it allocates €17.8 billion to social expenditure. The main parties in the opposition, Spanish Unionist Ciutadans, Catalan People’s Party (PP) and Catalan Socialist Party (PSC) announced this Friday that they will join the Spanish Government’s initiative and present an appeal to the bill.

The Spanish Constitutional Court (TC) one of the legal bodies responsible for suspending the most initiatives aimed at executing Catalonia’s pro-independence roadmap in the last few years, replaced its president this Wednesday. Francisco Pérez de los Cobos stepped down after nearly four years in office and took the opportunity to call for “political dialogue” . He defended Spain’s unity but admitted that the Spanish Constitution “can’t tackle all the problems derived from the constitutional order, especially those which emerge from the desire of one part of the state to alter its legal status”.  In the presence of the Spanish Minister for Justice, Rafael Català and the four magistrates which took office this Wednesday, Pérez de los Cobos emphasized that dialogue is an “urgent and unavoidable necessity”.