the first rulings of The Constitutional on the 1-Or open the door to the resources in Strasbourg
The Supreme endorse the judge Llarena and confirms the suspension of Puigdemont as the deputy
The Plenum of the Constitutional Court (TC) has decided unanimously to deny the preliminary suspension of the decisions of the Supreme Court agreed to prevent the exercise of their functions as deputies to Carles Puigdemont, Oriol Junqueras, Jordi Turull, Jordi Sànchez, Josep Rull and Raül Romeva. They were all suspended in the exercise of office to be prosecuted for rebellion and spite upon them an order of imprisonment.
The Court dismissed the habeas corpus petition filed by a group of individuals, led by Jaume Cabré Fabré, who considered that the decision of the Supreme had violated their right to participate in public affairs through freely chosen representatives in elections. The appellants argued to the TC that while studying the writ of amparo, to leave without effect the suspension of functions agreed to by the judge Paul Llarena in application of the Law of Criminal procedure. The drive from the TC, dated Tuesday, has denied that injunction, so the mps will remain suspended while studying the background of habeas corpus, which will be resolved in a future judgment.
The self explains, “access to the suspension would be tantamount to anticipate a possible failure estimatorio of the remedy of amparo and would not apply temporarily a statement of legal status, art. 384 bis of the Law on Criminal procedure, whose use court enjoys presumption of legitimacy”. The court’s decision, relying on the constitutional doctrine notes that “in this legal proceedings can not be carried out the analysis of the merits, or question the basis of facts that support it, nor anticipate unduly, which should be solved in the timely judgment.”
Resource of the Government
on the other hand, the TC has also agreed Thursday to estimate part of the appeal of the central Government and to quash a motion in the Parliament last July that reaffirmed the decision to go ahead with the procés despite the legal proceedings to prevent it. In particular, the judges override three of the five point appealed. The first of them stated that the “Parliament of Catalonia, to the actions of the State, by means of the Constitutional Court, the Supreme Court, the National court and the Prosecution, prosecution and prosecution of acts consistent with its democratic mandate reaffirms its firm will to implement the necessary actions planned and approved by this Parliament, to achieve and culminate democratically the independence of Catalonia”.
At other points, the Parliament had declared the depository of the sovereignty of the people of Catalonia and reiterated the resolution annulled by the TC that activates the “political process” towards independence. The motion added that this process had been “legitimized by the results of the referendum of the 1st of October.”
The two points with a final appeal that finally are not reversed did not affect strictly to the process of the independence movement. On the contrary, urged the Government to make effective articles of a great variety of laws (such as climate change, energy, trade, cannabis, legal entities…) who had been suspended as a result of resources from the central Government.
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