Constitutional Court admits appeal blocking Puigdemont bid
Three months on, judges finally decide to consider Spanish government’s challenge of deposed Catalan leader’s swearing-in
Spain’s Constitutional Court has made a new move in the legal battle between the Spanish authorities aiming to prevent Carles Puigdemont from retaking the Catalan presidency and the pro-independence camp with its intention to reinstate him. On Thursday, the court admitted for consideration the appeal made by the Spanish government against Puigdemont’s swearing-in at a parliamentary session on January 30, which the speaker of the Catalan Parliament went on to adjourn.
Acting against the advice of the Council of State, the Spanish government went ahead with the appeal but when the Constitutional Court met on January 28, it did not formally accept it for consideration and, in the meantime, merely issued an injunction blocking any attempt to swear in Puigdemont from abroad. Now, three months later, with Puigdemont once again in the running to return as president, the court has formally admitted the appeal for consideration, thereby automatically blocking the deposed leader’s candidacy at least until the appeal has been processed.
The move comes just as Puigdemont’s JxCat party is preparing to amend Catalonia’s presidency law to allow an investiture at a distance. With the vote on the amendment due next week, the court’s decision effectively blocks the reform of the legislation, as admitting the appeal means that while it is being considered, any parliamentary resolutions adopted that run counter to the court’s suspension will be “null and without effect.” However, the court’s unanimous ruling has still to be approved by the Council for Statutory Guarantees.
The Constitutional Court has given the Catalan Parliament, and the other involved parties, a deadline of 20 days to appeal its decision. As is usual, the court will also personally notify speaker Torrent and the other members of the parliament bureau that they could be held criminally liable should they contravene the court’s decision. Meanwhile, the Catalan Parliament has until May 22 to swear in a president, or a fresh election will automatically be triggered.