The Government is going to appeal this Tuesday before the Constitutional Court the processing of the popular legislative initiative to reactivate the path towards the independence of Catalonia that the Parliament Board admitted for processing last February because it considers it "clearly unconstitutional."
The Executive believes that the aforementioned initiative goes beyond the powers of the Catalan chamber, as the court of guarantees has repeatedly ruled, because this is intended to alter the constitutional order, instead of following the legal guidelines required to promote a reform of the Constitution.
The appeal is based on the abundant doctrine of the Constitutional Court in this sense, on rulings that the Parliament knows perfectly well, as demonstrated by the report of its legal services on the processing of the proposal.
The central thesis of the challenge is that the Catalan chamber cannot again contravene an explicit mandate of the Constitutional Court, and therefore requests the entire annulment of the initiative, that is, of its ten articles and its transitional provision, as well as its immediate suspension while The court studies its resolution on the merits of the matter.
Previously, the Executive requested a very urgent opinion from the Council of State on the origin of the resource.
The permanent commission of the Council met this Monday morning and unanimously approved a report to the effect that there are various reasons - those actually set out in the Government's appeal - to challenge the aforementioned legislative initiative before the Constitutional Court.
In parallel, another appeal has already been registered in the Constitutional Court, in this case for protection, presented by the PSC deputies in the Catalan chamber.
This challenge states that the processing of the aforementioned popular legislative initiative violates the rights of parliamentarians in the exercise of their functions, established in article 23 of the Constitution.
The Government, on the other hand, is going to question the constitutionality of the actions of the Parliament Board through the means established in article 161 of the Constitution, which provides for the suspension of the contested act for an initial period of five months, subject to extension if During that period, no ruling had been issued on the merits of the matter.
The initiatives of the Government and the PSC are coordinated, for the obvious reason that each of them responds to different regulatory frameworks, but they can complement each other.
The news about the concern that the agreement of the Parliamentary Board on the aforementioned popular legislative initiative had generated in the Constitutional Court itself reached the Government as soon as its processing was approved.
This concern has been increasing in the Executive and in the PSC after the call for early regional elections in Catalonia and in view of the statements of various independence leaders about the next step to link with the demands of the process
and
the illegal referendum of 1- Or in favor of the independence of Catalonia.
The resources presented or imminently formalized reflect the desire to cut off speculation about a possible self-determination referendum, according to sources from the institution and the political organization that promote them.
The Constitutional Court must also examine another appeal for protection already formalized, the one presented by the Ciudadanos deputies in the Parliament of Catalonia.
His spokesperson, Carlos Carrizosa, announced the challenge to the admission for processing of the popular legislative initiative in favor of the independence of Catalonia as soon as it was admitted for processing by the Chamber's Board.
Ciudadanos' request for protection seeks the annulment of the Table's agreement, for affecting the political participation rights of its parliamentarians, to the extent that they were affected by the processing of an unconstitutional initiative.
The appeal presented requests, on the other hand, that the Constitutional Court take a precautionary measure consisting of the immediate suspension of the processing of said proposal.
In requests for protection it is not usually agreed upon, unless its non-adoption could cause serious irreparable damage, but nothing prevents requesting it.
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