competences

The magistrates at the Spanish Constitutional Court (TC) lifted the cautionary suspension against the functions and structure of the Catalan Ministry for Foreign Affairs, which they dictated five months ago. However, they have kept the suspension on the Ministry’s name. While they considered that the functions and structure of the department match the Catalan Government’s competences, as far as they are limited to “foreign projection” they still believe that the denomination of the ‘Catalan Ministry for Foreign Affairs’ could represent an invasion of the Spanish State’s competences on this matter. 

The Spanish Constitutional Court (TC) has accepted the appeal presented by the Spanish executive to suspend the new Catalan Ministry for Foreign Affairs. Thus, the department lead by pro-independence cross-party list ‘Junts Pel Sí’ top member, Raül Romeva will be suspended at first for five months, which is the period that the TC has to study whether the new Ministry is in line with the Spanish Constitution. Earlier this month, the current Spanish vice president, Soraya Sáenz de Santamaría, and current Spanish Minister for Justice, Rafael Catalá claimed that the Catalan government had exceeded the competences in matters of foreign action specified in the Catalan Statute of Autonomy. For his part, the Catalan President Carles Puigdemont assured that Catalonia “will continue to do foreign action”and defended the legitimacy of the new department. 

The Spanish Constitutional Court (TC) announced this Wednesday the acceptance of the appeal made by the Spanish government to stop the reform of Catalonia’s Tax Agency. The TC declared “invalid and unconstitutional” article 4 of Law 9/2015, which stipulated that all those civil servants who want to be eligible for a position in the body would need to have permanent positions in Catalonia. According to the law reform, those “officials who are assigned duties substantially matching those of the body and who already hold permanent positions within Catalonia’s borders”would be eligible to voluntarily join the Catalan Tax Agency through specific selection processes. The Spanish government’s appeal claimed that the proposal was against “the right of all Spanish citizens to access the entity under the same conditions”.