A government report based on regulations of Parliament and Statute of Autonomy of Catalonia dictates that Carles Puigdemont must be present in chamber to be invested president. The leader of Junts per Catalunya is fleeing in Brussels (Belgium) to escape action of Spanish justice for his role in impulse of independence challenge.More information
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According to government's report, Parliament's rules do not include a non-personally-present presentation of candidacy to government, something that "does not fit for personal nature of Presentation Act" Thus, article 4.1 of internal rules of House stipulates that members have " duty to attend debates and votes of plenary and of committees of which y are members"; And 83.3 stresses that " speaker can speak from rostrum or from seat", which seems to exclude intervention from anywhere else. In addition, Statute of Autonomy of Catalonia establishes that Parlament "may require [physical] presence of government and its members". Therefore, government report concludes: "The candidate [Puigdemont] intends to form a government whose members are obliged to go to Parliament in person when y are required to do so, so it is not understood that it is not able to present himself [himself] physically at time when he requests investiture of chamber. "
The lack of precedents, both in Congress and in autonomous parliaments, "allows to affirm that re is an entrenched constitutional and parliamentary custom" on necessary presence of candidate in investiture debate. And law of legal system of public sector prevents candidate from delegating to anor member defense of his project by establishing limitation that "in no case could be subject of delegation competences relating to matters that relate to relations With head of state, presidency of Government of nation, Cortes general, presidencies of Councils of Government of Autonomous Communities and legislative Assemblies of Autonomous Communities ".
Neverless, legal experts of government go even furr and analyse what would happen if independence parties circumvented all se legal obstacles and forced a agreement of table or a change of regulation of Parliament to obtain an investiture Telematics of Puigdemont. In that case, y warn, " representation of state in Catalonia would be hampered, when not impeded." The reason? That according to Constitution and Statute of Autonomy, regional president is first representative of State in region.
It would not be only problem, warn jurists: With a president who does not step Parliament does not fit parliamentary control of use, recalls report; It remains in air how it would sign agreements and general provisions; And it opens up a door of unimaginable consequences to administrative effects that may cause directing of an autonomous community thousands of miles away.