The Generalitat has argued, in writing of allegations against application of article 155 referred to Senate, that "in order to resolve what state Government has described as a serious extraordinary situation, it will create an even more serious situation" "Extraordinary, by wresting Catalonia from its political autonomy." It concludes that scope of measures proposed by Government "goes beyond concept of ' necessary measures ', since it has as direct and immediate consequence to dispossess people of Catalonia from ir institutions". However, Commission's presentation dealing with activation of 155 has rejected Generalitat's allegations this afternoon.Learn More
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The procedure now follows its course after meeting of rapporteurs who prepare opinion, which must be approved this afternoon to be sent to plenary tomorrow. The paper has produced a relevant detail: The PSOE has submitted an amendment that contemplates suspending application of 155 in event that Puigdemont convenes autonomous elections, and is clear a willingness to return to legality, as reported Sources of paper. The Socialists also intend to graduate more implementation of measures, an issue in which y have coincided with PP, which does not pose obstacles in this shaped. They also wish to clarify terms of TV3 intervention and Catalan public media. Sources of popular leadership in Senate ensure that party wants to modulate Government's proposal in technical aspects that facilitate its implementation in practice.
The text of paper, with proposed amendments, now passes to final meeting of Committee this afternoon at five o'clock. It will be vice-president of government, Soraya Sáenz de Santamaría. In his letter of allegations, government has appointed Ferran Mascarell to assume representation of President of Generalitat, Carles Puigdemont, in his appearance of a statement of allegations. Alternatively, he adds, you can also take floor Josep Lluís Cleries and Miquel Angel Ditrado, representatives of PDeCAT and Republican of Catalonia (ERC) in this organism. Puigdemont already confirmed this Wednesday that he would not go to Senate at last Thursday, as had been announced, and not on Friday. The Govern justified resignation that " Spanish government already has decided to apply 155".
The allegations of Generalitat are set out in an eight-page document sent on Thursday in a burofax, just as deadline for ten in morning expired. Sources of high House reported minutes after that hour that it had not arrived, but soon after it was announced that it did. The exact time of receipt of document has been 10.03, y need sources of presidency of Senate, and thus it consists in Burofax, which has caused moments of confusion and technical discussion on if one could accept it, but finally it has been admitted. The spokesman for PDeCAT in Senate, Josep Lluís Cleries, explained that " paper has jammed". "There has been a technical issue in Burofax, that is what I have been told, that paper has been stuck in middle, this is sometimes for that of ten o'clock, but here are allegations and have been accepted," he said in a Senate hallway.
In eight folios of allegations, Generalitat argues that authorization of Senate to executive to apply article 155 of Constitution "is not a blank cheque", nor "a clause of full powers", and that "only allows government of state to give "Instructions to autonomous authorities." What, y point out, "is incompatible with Destituirlas, occupy its place and replace m in exercise of all functions that constitutionally correspond to m". The same line believes that measures to be applied "must be concrete, precise content and scope (...), adequate, necessary and proportionate to situation that is intended to be corrected".
That is to say, government reasoned that, if objective is to "cease actions of Generalitat related to process for independence", it is "a limit that has been widely exceeded", because it understands that proposed measures "are not directed only to That Generalitat should revoke declaration of independence, but that it deprives practically institutions of Generalitat of its main powers. In particular, it points out that giving government power to dissolve Catalan parliament and to convene autonomous elections "contradicts principle of political autonomy" recognized in Constitution to Autonomous Communities. The same is argued, indicating violations of statute and or rules, on cessation of President of Generalitat and his government.
As for intervention of public administration, in addition to rejecting it as a "generic" measure and of undetermined scope, writing warns that it would imply "an accumulation of impossible management procedures". "They practically force blocking or shutting down all public services," he says. On possible control of public media, document considers "unusual and improper" of a state that respects freedom of information, "especially when it comes to a recognized means in Europe in terms of veracity, objectivity and respect for Political pluralism ".
There is a passage that constitutes a direct sting to Partido Popular, when it comes to refuting possible veto capacity of parliamentary initiatives in Catalan chamber by government. The paper recalls that "already in 1978 possibility of introducing this state veto power to autonomous laws was rejected in constitution." It refers, according to Generalitat, to a particular vote presented by Alianza Popular, formation predecessor of PP, and defended in plenary of Congress of 18 of July of 1978 by Manuel Fraga, president of party. It was rejected, punctuates text, for 284 votes, with only 17 in favour and two abstentions. "Therefore, reintroducing it through this path would be contrary to very spirit of Constitution," he concludes.
These are reasoning that probably esgrimirá this afternoon envoy appointed by Generalitat, Ferran Mascarell, in Commission to approve opinion of 155, to send it to plenary of tomorrow. On or hand, groups of PDeCAT and ERC in Senate already presented yesterday with resources of amparo before Constitutional Court to request precautionary suspension of processing of 155 in upper house, by understanding that, with times and deadlines so adjusted that it was H As procedure is raised, rights of parliamentarians are violated. They refer to possibility of debate in committee, to present amendments to whole and to have deadlines of days, not hours, for it. However, it is difficult for constitutional to be pronounced prior to approval of 155 in Senate, scheduled for tomorrow's plenary Friday at ten. Given sensitiveness of case, it would be normal to raise question to plenary of Tribunal, but it does not plan to meet today or tomorrow.