court

Spain's King: "The Constitution will prevail"

November 12, 2015 07:21 PM | ACN / Sara Prim

On the day after the Spanish Constitutional Court (TC) suspended the Parliament's declaration to start the independence process and the same day that the official notification arrived at the Parliament, Spain's King Philip VI has guaranteed Spain's unity. "The Constitution will prevail" he stated and added that Spain "won't allow that its unity could be questioned, as it is the base of its people’s peaceful and free coexistence". "It is not the time to go back to the past" stated Spain's King "but to reaffirm ourselves in our compromise with a present and a future full of shared progress and democratic coexistence". "As head of the State" he concluded "I will always be by all Spanish citizens' side". Spain's King made these statements during a ceremonial event of the 'Marca España' ('Spain Brand') initiative, during which many personalities from the cultural, economic and sporting spheres were honoured by Spanish Minister for Foreign Affairs, José Manuel García Margallo. 

Spanish Constitutional Court suspends Parliament's declaration of independence

November 11, 2015 08:22 PM | ACN / Sara Prim

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.

Spain's government strategy to stop the independence declaration

November 10, 2015 07:26 PM | ACN / Sara Prim

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.

Spanish Constitutional Court gives the green light to vote on pro-independence proposal

November 5, 2015 07:29 PM | ACN / Sara Prim

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. 

Catalan government denounces the obstacles to the vote abroad before Supreme Court

October 29, 2015 06:47 PM | ACN / Sara Prim

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”. 

Spanish Constitutional Court Law reformed to suspend those who don’t comply with its rulings

October 16, 2015 03:10 PM | ACN / Sara Prim

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). 

Mas before the Court: "I'm the only one responsible for the 9-N consultation"

October 15, 2015 01:53 PM | ACN / Sara Prim

Catalan President, Artur Mas, appeared this Thursday before the court, after being summonsed by Catalonia's Supreme Court for organising the 9-N symbolic vote in 2014. "The success and international impact of the 9-N consultation is what motivated this lawsuit" he stated "this summons responds to the Spanish Government's anger rather than legal reasons". Mas arrived at Barcelona's Courthouse by foot and was joined by the 400 Catalan mayors from the Association of Municipalities for Independence (AMI) and the entire Catalan Government. Right in front of the Court, thousands of people displaying Catalan flags rallied around the President and openly showed their opposition to Catalonia's Supreme Court's decision to summons Mas, which has been regarded as a political decision. Mas appeared before the court two days after Catalan Minister for Education Irene Rigau and former vice-president Joana Ortega and right after attending the commemorative events for the 75th anniversary of President Companys' execution. 

Catalonia protests against 9-N summonses

October 14, 2015 01:41 PM | ACN / Sara Prim

Citizens all across Catalonia expressed their opposition to Catalonia's Supreme Court's decision to summons President Artur Mas, Catalan Minister for Education Irene Rigau and former vice-president Joana Ortega for organising the 9-N symbolic vote. This Tuesday, after Rigau and Ortega appeared before the court, thousands of people gathered together in front of their respective town halls, showing their support for the summonsed and declaring themselves guilty for participating in the 9-N consultation. The protests were organised by Alliance for the Right to Self-Determination of Catalonia ('Pacte Nacional pel Dret a Decidir'), a group of 1,500 institutions, political parties, trade unions, business organisations, professional associations, NGOs, cultural organisations and political pressure groups that support the celebration of a referendum in Catalonia. 

Protests against 9-N summonses: "Putting out the ballot boxes can't be considered a crime"

October 13, 2015 05:45 PM | ACN / Sara Prim

The first two public figures summonsed by Catalonia's Supreme Court for organising the 9-N symbolic vote on independence in 2014, Catalan Minister for Education, Irene Rigau, and former vice-president Joana Ortega, have appeared before the court today. Outside Barcelona Courthouse, around 500 citizens, brought together by civil society associations such as pro-independence Catalan National Assembly, showed their support for both of the summonsed and openly expressed their opposition to Catalonia's Supreme Court's decision, which has been regarded as a political judgment against Catalonia's right to decide its political future. Members of pro-independence unitary list 'Junts Pel Sí', liberal party CDC, left wing pro-independence party ERC, radical left CUP, Christian-democrat 'Unió' and alternative left coalition 'Catalunya Sí que es Pot' also took part in the protests, which are considered "a direct attack on justice's independence" by Catalonia's Supreme Court. 

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Barcelona will commemorate the 75th anniversary of President Lluís Companys' execution

October 9, 2015 04:28 PM | ACN / Sara Prim

The Commission for Dignity, an NGO that aims to return the documents confiscated by Franco’s troops at the end of the Spanish Civil War to their rightful owners in Catalonia,“urged” the Spanish state and the army to condemn the court-martial that executed Catalan President, Lluís Companys in 1940. The Commission also invited Spanish Prime Minister Mariano Rajoy and commanding officer of the Spanish military forces stationed in Catalonia, General Boyero Delgado, to attend the commemoration events “as an action of normality”. One of its initiatives to fight for the preservation of historical memory is to commemorate the 75th anniversary of Companys’ execution. As a tribute, the Commission is also preparing a concert on the 11th of October, performed by the School of Music of Catalonia (ESMUC) and to be held at the National Art Museum of Catalonia (MNAC).

Barcelona hosts International Judges Meeting weeks before President Mas court appearance

October 5, 2015 02:37 PM | ACN / Sara Prim

President Mas attended the 58th International Association of Judges Meeting, held this Monday in Barcelona just weeks before his appearance in court for organising the 9-N symbolic vote on independence. During his intervention, Mas outlined that democracy is sustained by the impartiality of justice. “Any partisan use” of the legal system could diminish this “sustenance” of democracy, he stated. Mas also expressed his hope that the Meeting will produce “contributions” to the “democratic quality which we all pursue”. President of the Supreme Court, Carlos Lesmes, also attended the Meeting and warned that to enforce the law “couldn’t be considered defiance”. 

President Mas: The Spanish State “will do everything to get rid of me”

September 30, 2015 12:20 PM | ACN / Sara Prim

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”.

Spanish Constitutional Court suspends law for expanding Catalonia’s Tax Agency

September 14, 2015 06:13 PM | ACN / Shobha Prabhu-Naik

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. 

PP’s reform of the Constitutional Court is a threat “to the rule of law”, warns Mas

September 2, 2015 01:33 PM | ACN

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 PP to urgently reform the law to be able to suspend Mas from office

September 1, 2015 07:00 PM | ACN

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 27th of September, and regretted that it only adds more “repression, threats and fear” to the political debate.