The Constitutional Court has declared void the agreement of the Board of the Parliament of Catalonia that admitted a popular legislative initiative to declare independence of this Autonomous Community.
The ruling, for which Judge Enrique Arnaldo Alcubilla was the speaker, declares the aforementioned agreement null and unconstitutional for being contrary to the constitutional order, as reported this Thursday by the Court of Guarantees in a statement.
The ruling establishes that the popular legislative initiative “undoubtedly incorporates a proposal for constitutional reform that pursues the unilateral declaration of independence of Catalonia”, which violates the principle of unity of article 2 of the Constitution.
The court argues that the Catalan Parliament Bureau should have rejected the initiative to prevent the autonomous community from adopting a regulatory provision outside the constitutional reform procedure.
The magistrates highlight that the admission to processing “calls into question the express, strictly formal or procedural limits” to which the constitutional review is subject. The resolution warns that the initiative “enables the exercise of the fundamental right of direct participation in public affairs” in an area where such participation is only provided for the Spanish people as a whole through referendum.
The Court of Guarantees thus endorses the national Government’s challenge against the admission of this initiative for processing.
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