La Deriva Soberanista en Cataluña : Pronunciamientos del TC, Declaración Unilateral de Independencia y medidas del Gobierno al amparo del art. 155 de la Constitución

Abstract

The recent rise of the sovereignty movement in Catalonia, has provoked an intense jurisprudence of the Spanish Constitutional Court, in the last year, trying to introduce common sense, in a drift with a quite complicate solution.The Organic Law 15/2015, of October 16th, reforming the Organic Law 2/1979, of October 3rd, regulatory of the Spanish Constitutional Court, introduced some new measures in order to safeguard the Constitutional Court resolutions, including the possible suspension of public authorities that disobey that kind of resolutions. On November 3rd and December 15th, 2016, the Spanish Constitutional Court dismissed the appeals filed by the Basque and Catalan regional Governments.On 22 December 2016, the Constitutional Court declared the partial unconstitutionality of the Law 16/2014, of December 4th, passed by the regional Parliament of Catalonia, regulating the external action of this Spanish region, and its relations with the European Union.Some months later, on 10 May 2017, the Constitutional Court, in the case 51/2017, decided the unconstitutionality of the regional Catalan Law 4/2010, of popular enquiries trough referendum, and the same day, in its case 52/2017, it was declared the unconstitutionality of the Catalan Decree 16/2015, creating the Commissioner for the National Transition, and the Agreement or decision of the regional Catalan Government preparing the “Executive Plan for the State’s structures, and the “Plan of strategical infrastructures”.The Constitutional Court, by judicial decree 24/2017, of 14 February 2017, annulled the Resolution 306/XI, of the Regional Catalan Parliament, foreseeing a referendum in 2017, and the Additional Disposition 40th, of the Catalan Law 4/2017, of regional budget, that included the cost estimate for a referendum on the political future of Catalonia, on October 1st, 2017.The Catalan Law 19/2017, of September 6th, regulating the self-determination referendum, and the Catalan Law 20/2017, of September 8th, of legal transition and foundation of the Republic of Catalonia, were immediately suspended by the Constitutional Court, that by its Sentence 114/2017, of 17 October 2017, declared the unconstitutionality of the Catalan Law 19/2017, in a record time.The -illegal- referendum of 1 October 2017, fully unconstitutional, and without any minor guarantees, opened an uncertain period, with massive transfers of banks and societies’ headquarters outside of Catalonia’s territory.In the afternoon of 27 October 2017, the Parliament of Catalonia, unilaterally declared the independence of Catalonia, several minutes later, the Spanish Senate, authorised the activation of article 155 of the Spanish Constitution, and the necessary measures trying to force the Catalan Autonomous Community to accomplish its constitutional compromises and obligations. This decision opens a new scenario, in the face of an open threat to our Spanish constitutional system, the legal order that has allowed us to enjoy the bigger period of political liberties and economic prosperity of our history.The President, and all the other members of the regional Government were relieved, and their functions were assumed by the central Government. New regional elections have been called on 21 December 2017.