That plenary of Senate of Friday approve measures proposed by Government for Catalonia under article 155 will not imply immediate removal of Carles Puigdemont and rest of Govern. For that to happen, official state bulletin has to give an account of outcome of vote in upper house, where PP has absolute majority, and of measures approved. Only n can Council of Ministers meet to approve cessations and or proposed measures. Although executive studies convene that meeting immediately after Senate vote, appointment is not yet scheduled: as it would soon be Friday afternoon, after resorting to a special electronic edition of BOE, but nothing prevents Mariano Rajoy delay call as many days as you want. That leaves room for political agreement even after processing article 155 in Senate.Learn More
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"The procedure is unpublished and not exactly regulated," y admitted legal sources of government; "But we understand that it should not be enough to publish Senate approved." We are betting on a meeting of Council of Ministers [to decide cessations].
Both publication of agreement of Senate and subsequent decision taken by Council of Ministers opens a double way for Generalitat and Parlament to try to stop application of article 155 of Constitution.
Before publication of measures in BOE it is necessary to appeal to Constitutional Court for invasion of competitions, according to Andrés Betancor, professor of administrative Law at Pompeu Fabra University. And before decision to cease to Puigdemont and rest of his counselors will be recoursed via Contenciosoadministrativa in Supreme Court, always following prescriptive Council of Ministers. In addition, various professors of constitutional law consulted by country do not have a unanimous position on wher a group of at least 50 members of Congress may appeal to Government's proposal to Constitutional Court, since that option It is intended for laws and not for agreements such as that adopted by Council of Ministers on Saturday.Processing in Senate
The process of proposal with which Government wants to combat independence challenge will be produced throughout this week in Senate. Those days offer executive possibility of modular measures, bending or endureciéndolas as events evolve. In fact, nothing prevents government from nullifying whole process if Puigdemont decides to convene early elections in Catalonia.
To do this, you can override measures you want to approve under 155 by making your senators vote against you in committee or in plenary. And also suspend agreement immediately after being approved, without having to deal with any processing, arguing that no longer concur reasons that made it necessary. This is explicitly reflected in agreement of Council of Ministers on Saturday: "The Government of nation may anticipate cessation of se measures if cease causes that motivate it, giving Senate account of this decision".
The decision will refore be of a political nature. If Senate approves that part of text sent to house by Government, re will be no legal impediment to restraining and suspending measures requested under article 155 of Constitution.