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The constitutional annuls the referendum law and places the parliament out of the right

The ruling argues that Parlament incurred very serious bankruptcies of the legislative procedure that affected the fundamental rights of all citizens

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Rarely a rule emanating from a Spanish Parliament has been incurred in so many vices of unconstitutionality. The tribunal, unanimously of its 12 magistrates, declared yesterday unconstitutional and annulled law 19/2017 of referendum of self-determination of Catalonia. This standard served as basis for popular consultation last October 1 despite being suspended after appeal submitted by Government on September 7, day after its approval in Parlament with votes of majority independence of Junts PEL Yes and CUP Antisystems.

The law of referendum forms, toger with so-called law of legal transience, normative framework with which GENERALITAT intends to support rupture of Catalonia with rest of Spain. The rule is based on a pretended right to self-determination of that territory through a singular reading of international treaties signed by Spain.

The right to self-determination

The court rejects that Constitution collects right of self-determination, understood as "' right ' to promote and consummate its unilateral secession from state in which Spain is constituted" and dismantles recurring affirmation of independenceists that form Part of legal system by way of international treaties signed by Spain.

"The right of self-determination" has been limited in "various unequivocal resolutions of United Nations" to cases of "subjugation of peoples to a subduation, domination and exploitation of foreigners", recalls TC. "Any attempt to completely or partially violate national unity and territorial integrity of a country is incompatible with purposes and principles of Charter of United Nations," he says.

In introduction of sentence, constitutional dismantles this argument. The Court recalls that Fundamental law does not recognize possible unilateral secession of a part of national territory, and stresses that United Nations resolutions regulating right of self-determination limit it in an "unequivocal" way to peoples Subjected to "subjugation, domination and foreign exploitation", i.e. colonies or oppressed minorities within a state.

Apart from se assumptions, constitutional recalls, "any attempt to completely or partially violate national unity and territorial integrity of a country is incompatible with purposes and principles of Charter of United Nations."

The sentence, drafted by Judge Andrés Ollero, observes three large blocks of unconstitutionality in law of referendum, whose articles were violated by Generalitat itself to carry out consultation of October 1. The most relevant has to do with very essence of norm. According to court, text violates principles such as "national sovereignty, residence in Spanish people, very unity of nation constituted in a social and democratic State of law, and supremacy of Constitution, to which all "Public authorities and also, refore, Parliament of Catalonia."

"Affects everyone"

The law of referendum places Catalonia as a sovereign political subject, which collides head-on with article 1 of Constitution. and applying this principle to referendum dictates: "What affects everyone, that is to say, permanence or not of that common state in which Spain was constituted, could not, in case, be reconsidered and also decided by all." The opposite, he says, "would entail, with rupture of unity of citizenship, bankruptcy, in legal-constitutional terms, of nation of all."

The constitutional insists on possibility of "total revision" of Fundamental law following channels in it envisaged. Changing constitution using anor way would be to "liberate public power from any subjection to law, with irreparable damage to freedom of citizens."

The autonomous chamber has passed referendum law with "full ignorance" of constitutional allegiance and democratic principle, according to ruling. Thus, Parlament "has been completely placed on fringe of law, has entered an unacceptable way of fact, has declared itself to act in exercise of its constitutional and statutory functions." In addition, Chamber "has put at maximum risk, for all citizens of Catalonia, validity and effectiveness of all guarantees and rights preserve for m Constitution and same statute". In this way, he warns, has left citizens "at mercy of a power that says not to recognize any limit."


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