constitutional court

The ruling by the Spanish Constitutional Court (TC) to possibly reverse the bullfighting ban in Catalonia has surprised many of the representatives in the European Parliament. Interviewed by the CNA, MEPs from the main political parties in the EuroChamber expressed their views on bullfighting and commented on Catalonia’s wish to keep the prohibition. Bullfighting is “unnecessary cruelty” rather than “culture”, stated European People’s Party (EPP) MEP, Sirpa Pietikainen and expressed his strong opposition to it being supported by EU funds. In a similar sense, Iva Vajgl, from the Alliance of Liberals and Democrats for Europe considered it “anachronist” for Spain to promote bullfighting and described it as “a very cheap and populist art of entertainment”. European United Left MEP, Stefan Eck, noted that “there is a political interest behind” the TC’s intention to reverse the ban in Catalonia and encouraged Catalans to “stand up and demonstrate for their rights”.

The Catalan bill oriented toward avoiding evictions and facilitating mediation when the families involved are at social risk has been modified in order to dodge the Spanish Constitutional Court (TC) suspension. The Catalan Government passed a new draft this Tuesday which aims to put to use the stockpile of empty apartments and guarantee the relocation of those families who can’t pay the rent. “The present text is legally impeccable” stated Catalan Minister for Public Administration and Housing, Meritxell Borràs. However, she admitted that the “Spanish Government is likely to put a spoke in our wheels”. The Government aims for the Parliament to pass the draft immediately, so that it can come into force this October. 

The Spanish Government won’t file a criminal complaint against the Catalan Parliament’s President, Carme Forcadell, at least until Spain’s Constitutional Court decides on her suspension from office. After a reform passed by the People’s Party (PP) in 2015, the Court has the competency to dismiss public representatives and impose fines on them if they disobey a resolution. The Spanish Government filed a complaint against Forcadell over the declaration adopted by the Catalan Parliament last July that introduced a “democratic unilateral mechanism” to split from Spain. The Spanish Deputy Prime Minister, Soraya Sáenz de Santa María, stated this Friday that this is the “main procedure” for now.

The current situation of judicialisation of politics in Catalonia and the obstacles that the Spanish executive puts in the way of the pro-independence roadmap “are similar”to previous episodes “of military coup d’états”in Spain, stated CUP MP, Anna Gabriel. The representative of the radical left pro-independence party told the CNA that the Catalan institutions haven’t been “threatened by criminal means”so much for “many years”and she predicted that such threats could be increased “if the pro-independence process continues to move forward”. Thus, Gabriel considered that it would be “ridiculous”to appeal the Spanish Constitutional Court’s decision to suspend the pro-independence roadmap, ratified last week by the Parliament, since “those who take part in the coup d’état don’t come to reason”. 

The Catalan Government Spokeswoman, Neus Munté warned this Tuesday that the “Spanish Constitution can’t be understood as a Criminal Code” and insisted on the Government’s commitment to “obey the democratic mandate of the 27-S Elections” and launch the pro-independence roadmap. She made these statements one day after the Spanish Constitutional Court (TC) decided to suspend Catalonia’s plan to disconnect from Spain and opened the door to applying criminal charges to the Parliament’s President, Carme Forcadell, for allowing the approval of the conclusions of the Committee to Study the Constitutive Process. According to Munté, the TC should be “a referee” in charge of settling “the constitutionality of the laws” rather than “an executor court”.

The Spanish Constitutional Court (TC) decision to suspend Catalonia’s roadmap towards independence, which was ratified last week by the Catalan Chamber, won’t stop the launching of the Constitutive Process of the Catalan Republic. This is what radical left pro-independence CUP stated this Monday. Moreover, Regarding the possibility that the TC may suspend the Parliament’s President, Carme Forcadell as well, CUP MP Anna Gabriel warned that this would represent “a point of no return”for the Spanish state and that this would require “a countrywide response”. “We will remain faithful to the Parliament and if we have to disobey we will do so”, stated pro-independence left wing ERC’s spokesman in the Spanish Parliament Joan Tardàand lamented the “authoritarian way”and the “judicial violence”used by the Spanish state.

The magistrates of the Spanish Constitutional Court (TC) held this Monday an emergency meeting and unanimously agreed to accept the appeal presented by Spain’s executive, which urged to suspend Catalonia’s pro-independence roadmap, the next steps of which were approved last week by the Parliament. By the end of August the TC will decide if it will apply prison charges to the Parliament’s President, Carme Forcadell. The 72 pro-independence MPs in the Catalan Chamber and the Catalan President, Carles Puigdemont, have expressed their solidarity with Forcadell and insisted that the decision to pass the conclusions of the Committee to Study the Constitutive Process was not hers but the democratic and majoritarian will of Catalans. 

The Spanish Government will urge the Spanish Constitutional Court (TC) to allow it to claim criminal liability against the Parliament’s President, Carme Forcadell, for having disobeyed the TC’s rulings. The current Spanish Cabinet, which met this Friday, also agreed to impede Forcadell from launching the pro-independence roadmap approved on Wednesday by the Parliament. In particular, the Spanish executive calls for the TC to “proceed to consider the witness of particulars in order to claim criminal liability against the Parliament’s President for disobeying the rulings of the TC, which all public servants are compelled to obey”. The petition also aims to expressly ban the Parliament’s President, the Parliament Bureau and the Catalan President, Carles Puigdemont, from promoting any initiative in relation to the pro-independence process. 

The Spanish Government has again turned to the court, this time to respond to this Wednesday’s approval of the pro-independence roadmap by the Catalan Chamber. Current Spanish President, Mariano Rajoy, has already ordered the State Attorney to write a document which will be approved this Friday by the Spanish Cabinet. The Spanish Constitutional Court (TC) repeatedly insisted that any declaration or action towards the constitution of the Catalan Republic will be invalidated, since this would have emerged from the pro-independence proposal agreed by the Parliament on the 9^th of November and which is considered unconstitutional by the TC. Rajoy also called the other main leaders in the Spanish Parliament to communicate to them his decision.

The Spanish Constitutional Court (TC) has unanimously suspended some precepts of the law on fiscal measures which foresees the development of so-called state structures in Catalonia. In particular, the magistrates have considered unconstitutional the plan for the creation of the Catalan Tax Agency, the catalogue of strategic infrastructures and the plans for the energy and railway sectors, amongst others. The suspension, which has now been confirmed, affects the same articles which were temporarily annulled in June 2015 when the Spanish Government asked for legal action against Catalonia’s plans for the creation of state structures. Later, in November 2015, the TC accepted the appeal presented by the Spanish executive to stop the reform of Catalonia’s Tax Agency.

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. 

Spain’s Constitutional Court (TC) has approved the appeals presented by Spanish Unionist ‘Ciutadans’, the Catalan Socialist Party (PSC) and the Conservative Catalan People’s Party (PPC) in November in relation to the pro-independence declaration approved by the Parliament. The three parties presented writs of protection and considered that the pro-independence forces’ agreed declaration to start building a new country violated citizens’ right of participation and that of the parliamentary representatives, as the Spokesperson Bureau was convened before PPC constituted themselves as a parliamentary group. This Tuesday, the magistrates in the TC partially upheld the appeals. The content of the pro-independence forces’ agreed declaration was already suspended by the TC in December, and declared it unconstitutional and, therefore, invalid. 

The appeal presented in April by Spain’s executive calling for the suspension of some articles of the Catalan law against energy poverty has been accepted by the Spanish Constitutional Court (TC). In particular, the magistrates have cautionarily suspended 8 articles mainly oriented toward avoiding evictions. According to the TC, the suspension is automatic and therefore the magistrates “couldn’t do anything” but accept the Spanish government’s appeal. The Catalan Government’s Spokeswoman, Neus Munté, stated that this suspension was “to be expected”. The TC’s decision comes two days after thousands of people rallied in Barcelona to protest over the Spanish court’s measures against numerous laws passed by the Catalan Parliament. 

The Catalan President Carles Puigdemont announced that the Government will prepare new legislation to protect the core policies of the social emergency law suspended by the Spanish Constitutional Court (TC). The new law will include “practical tools with legal security” that will “reformulate” the suspended articles of the legislation but “keep its spirit”. Drafting a new law was the main compromise of the social emergency summit organised on Tuesday by the Catalan Government, the local authorities and the main political parties in Catalonia following the Spanish Government’s legal challenge against the social emergency law. Puigdemont described the negotiations as “long, intense and very useful” and said that the new law is needed “to restore everything the Constitutional Court has suspended”. The meeting, he said, “wasn’t about political discrepancies but about showing that this issue concerns us all”.

Less than 24 hours after meeting with her Catalan counterpart, current Spanish Vice President Soraya Sáenz de Santamaría announced that some articles of the Catalan law against energy poverty will be taken before the Constitutional Court (TC). Thus, Catalan Vice President Oriol Junqueras’ demands for the Spanish executive to “reconsider” this procedure haven’t been listened to. However, Santamaría nuanced that those precepts which are in relation to guaranteeing the energy supply to those who may be at social risk are not affected by the suspension. On the other hand, some measures oriented toward avoiding evictions have been suspended. Catalan President, Carles Puigdemont, responded by saying that this measure leaves “in the open” the most vulnerable families.