suspension

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 executive has repeatedly insisted on the alleged illegality of the new Catalan Ministry for Foreign Affairs and has taken its creation and competences before the Spanish Constitutional Court (TC). The Catalan government decided to change the name of this department as a “preventive measure” to avoid the TC taking further measures against it but the Spanish executive again appealed and urged the TC to suspend the Ministry, “regardless of the denomination”, after considering that its competences “remain unchanged”. This Thursday, the Parliament has decided that they won’t obey the TC’s cautionary suspension of the new Ministry, the opposite to what the Catalan People’s Party (PP) and Spanish Unionist ‘Ciutadans’ urged the government to do.

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 magistrates of the Spanish Constitutional Court (TC) have unanimously declared the Parliament's declaration of independence unconstitutional and, therefore, invalid. The TC has considered that the agreed pro-independence proposal approved by the Parliament on the 9^th of November violates core articles of the Spanish Constitution, such as "the indivisible unity of Spain" and "the subjection of the public powers to the law" and also "attacks the Rule of Law". The TC has made its decision only 22 days after the appeal presented by the Spanish executive was accepted, which makes this resolution the fastest in the TC's history. On the other hand, the appeals against Spanish Government's abortion reform, led by People's Party (PP), are waiting for a resolution since 2010.  

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”.

The Catalan chamber will present a plea against the Spanish Constitutional Court (TC)'s suspension of the independence declaration. The Parliament's Bureau approved this on Tuesday, with the support of pro-independence 'Junts Pel Sí' and alternative left coalition 'Cataluna Sí que es Pot's 5 members of the Bureau. The Bureau’s two Anti-Catalan nationalism representatives, from Ciutadans and the Catalan Socialist Party (PSC), voted against the proposal. "We don't understand that a jurisdictional body could stop democracy" stated Parliament's first vice-president and 'Junts Pel Sí' MP, Lluís Corominas. According to Ciutadans' representative in the Parliament's Bureau, José María Espejo, the declaration of independence "did have an unconstitutional component" as it stated that "only those laws approved by the Catalan Parliament would be obeyed".