Playing two decks is the specialty of the independentistas. And a new filigree will take place on December 27, when the Permanent Deputation of the Parliament, headed by Carme Forcadell, meets to assess whether the Catalan Chamber presents an appeal of unconstitutionality against the application of Article 155 of the Constitution and the consequent suspension of autonomy. The novelty is that they will do so after the elections to be held tomorrow, Thursday. When the result is known, since this appeal would question the legal basis of the elections.
In principle, the appeal of unconstitutionality before the Constitutional Court (TC) was to be filed before, during the electoral campaign. But in the end last week it was decided to postpone the key meeting until December 27, when the scrutiny is already known.
An appeal of unconstitutionality could question the legitimacy of the elections, in case of a failure contrary to the call. In fact, the independentistas have always described the 21-D elections as “illegitimate” to have been convened under 155. That was precisely the main argument of the candidacy of Carles Puigdemont from Brussels, that he and only he was the president legitimate of the Generalitat.
But it is not the same to question elections that have been won than those that have been lost. The groups of the opposition took for good the delay of the date in the Diputación to remove this call of the equation of the electoral campaign, according to have explained sources of the parties of the opposition. For their part, the members of the now defunct JxSí also preferred a date in which to gauge if it was worth putting the elections on the pillory.
In addition, the opinion requested from the Consell de Garanties has endorsed the part of the call for elections in the opinion requested by the Permanent Deputation of the Parliament, which was not what the sovereign deputies expected, although it has been critical of others aspects of 155, even questioning that the Govern of Puigdemont had not been notified before of the concrete way in which it was to be applied.
Dissolution of the Parlament
“In conclusion, the measure authorized by the Senate Plenary regarding the attribution to the President of the State Government of the competence to decree the dissolution of the Parliament and call new elections, provided in the fourth paragraph of section 2.A, applied as a immediately by Royal Decree 946/2017, does not violate the material scope of Article 155 CE, in the sense that it has a place in the expression of the “necessary measures” and, at the same time, constitutes the option, among the available ones, less harmful with the principle of political autonomy since it facilitates the complete restitution of self-government in the shortest time, “reads the opinion. Therefore, according to the own Consell de Garanties, it would be legal and constitutional, which would lower the pretensions of the independentistas, which have always played with the idea of discrediting the elections, either before the TC or by spreading rumors of pucherazo.
The Consell de Garanties has endorsed the call for elections on 21-D by way of article 155, which provides coverage for tomorrow’s vote
In an official note of the Parliament it was reported that JxSí requested an opinion from the Council of Statutory Guarantees in relation to this issue, and once issued the Parliament opened a deadline so that the groups could request the filing of unconstitutionality appeals against the aforementioned measures. This deadline ended last week, and only one parliamentary group, JxSí, requested that the Permanent Deputation be convened so that the chamber could file an appeal for unconstitutionality.
That would include going against the resolution of October 27 of the presidency of the Senate by which is published the Agreement of the Plenary of the Senate of approval of the measures required by the Government of the State under Article 155 of the Spanish Constitution and against the royal development decrees.
A fifth part
The norm establishes that at least three groups or one fifth of the members of the Permanent Deputation may submit alternative proposals to the articles that are intended to be challenged or to the proposal for filing the appeal.
The Permanent Deputation is always chaired by the president of the Parliament, in this case Carme Forcadell, and it is composed of 23 deputies, although it is currently composed of 22.