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The constitution gives 48 hours to the Receivership Election to dissolve

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The constitution gives 48 hours to the Receivership Election to dissolve

The high court applied reform, which allows for fining those who disobey ir resolutions


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The Constitutional Court has implemented reform of its Organic Law for year 2015 that allows you to to fine and suspend its functions to public officials for breaches of its resolutions. In providence –resolution process - that supports appeal by Government against decree that creates named Trustee Electoral catalana, body called to do times of board of elections in referendum illegal on 1 October, constitution gives 48 hours to members of this body to inform him of measures taken to comply with suspension of Referendum Law, passed last Thursday. This measure is, in practice, dissolution of Receivership.

In case of failure to comply with this order will be activated measures referred to in article 92.4 of Organic Law of Constitutional Court, which looks to “impose a pecuniary penalty of three thousand to thirty thousand euros to authorities, public employees or private individuals who incumplieren resolutions of Court.” This fine, if we persist in disobedience, can be repeated “until complete performance of what is commanded.” It also allows rule "deduce testimony" (denounce) failure of resolution to "demand criminal responsibility that may correspond". This article, after reform, has been applied on two occasions as president of Parliament of Catalonia, Carme Forcadell, which has resulted in two lawsuits against her for disobedience.

The decision to apply this article has been adopted by unanimous vote of 12 members of court, presided over by Juan Jose Gonzalez Rivas.

The warning of Constitutional affects 20 political scientists and jurists who make up Sindicatura Electoral de Catalunya and sindicaturas election of territories of Barcelona, Tarragona, Lleida, Girona and Aran.

The suspension of referendum was notified initially to five members of audit office of catalonia. All of m warned m of ir “duty to prevent or paralyse any initiative that suppose to ignore or circumvent suspension” injunction of law of Referendum. Despite this, sindicatura electoral de Catalunya has been designated by trustees, territorial (Aran, Barcelona, Girona, Lleida and Tarragona). Before this supposed disobedience, Court decides to initiate proceedings provided for in article 92.4 of Organic Law of Constitutional Court, and required it personally to people that make up sindicatura electoral de Catalunya, members and alternates, for that, “within 48 hours, inform this Court of measures taken to give effect to suspension” of Referendum Act.

- Faith errors

The reform of Organic Law of Constitutional Court that allows you to suspend from functions of public office and fine those who do not obey decisions of high court is not first time it is applied to, as stated by error in a first version of this text.


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