The Spanish Deputy PM has
announced the government's intention to appeal before the Constitutional Court
against the approval of the Declaration of Sovereignty by the Catalan
Parliament. According to Soraya Sáenz de Santamaría, the declaration adopted
has legal effects and therefore, although it is a resolution to impel political
action (in accordance with Rule 145 of Parliament) and not of a regulatory
nature, should be appealed against so as to declare it unconstitutional.
The Spanish government has
apparently ignored the initial position expressed by minister Margallo, when he
said that the declaration had no legal effect. Therefore, the government
recognizes the legal status of the parliamentary declaration. The reason for
this lies in the fact that the political content of the statement is against
the “constitutional spirit” that identifies not with the transition from a
dictatorship to a democratic system, but with the indissoluble unity of the
Spanish fatherland. It uses a manifestation of political intent adopted by a
large majority in a parliament made up of the people, a fact unprecedented in
recent political and constitutional history of Spain. Opinions contrary to the
unity of Spain have thus become unconstitutional and illegal.
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