The appeal submitted by United States we can to Constitutional Court for application of article 155 of Basic Law in response to illegal procés and secessionist argues that cessation of Government of Carles Puigdemont and dissolution of Parlament are Unconstitutional. The same would happen with convocation of autonomous elections of October 21st. "The 155 allows direct instructions of compliance to Autonomous Communities and even assume some executive actions, but surely it does not allow to dissolve Parlament or Govern of Generalitat. This is not 155 but de facto modification of statute and Self-Government of Catalonia, said Xavier Domènech. ERC and PDeCAT celebrated last week decision of United States we can: Catalan independence parties present in Congress did not have 50 deputies necessary to present writing.Learn More
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The candidate of coalition that integrates Catalonia in Comú and Catalan brand of May has specified that y have raised a question of unconstitutionality both agreement of Senate of last October 27 that allowed implementation of 155 as agreements Previous Council of Ministers prior to ir approval in upper house. The written submission shows that agreement of Senate "is contrary to this constitutional framework, to extent that it was adopted with infringement of constitutionally envisaged procedure, since prerequisite of Government, request for Authorization and now-contested agreement do not have necessary coherence in identification of breach or attack on general interest or determination of resettlement measures. Moreover, reasoning continues, "neir have guarantees of intervention of authorities of Generalitat been respected in proceedings nor have ir allegations been duly considered, reby defrauding constitutional principles and values protected by The procedure ".
"We are so convinced of ir unconstitutionality as that Popular Alliance raised in constituent debate an amendment whereby 155 allowed to do what y have done [now]." And in that constituent debate that amendment of People's Alliance was defeated. It was explicit will of constituent power that 155 could not de facto assume abrogation of right to autonomy, said put Domènech.
The document also denies that independence was declared unilaterally and that it was transferred by Puigdemont in its letters to Government of Spain on 16 and 19 October after previous requirement of day 11. "The existence of a declaration of independence by Catalan institutions that constitutes an act of non-observance of Constitution is denied, and situation resulting from consultation of 1 October as a political mandate, whose effects on all Case have been left publicly in suspense by president of Generalitat himself, "collects writing presented to constitutional."