Why are Catalan secessionists on trial?
“Today, I’ve received the fifth notification of the Constitutional Court”
(warning of the obligation to prevent the development of the independence resolution)
“We will continue going forward”
The Court considers that the suspension (of the Catalan parliament and government) sought several legitimate aims listed in Article 11, including:
- maintain public safety
- defend the order, and
- protect the rights and freedoms of others
Key Spanish Constitutional Court sentence: STC 259/2015, 2 de Diciembre de 2015
Timeline of judicial decisions by the Constitutional Court.
This paper aims to analyze the jurisprudence of the Constitutional Court on the Catalan independence process.
Since the beginning of this process in 2012, the Court has made more than thirty pronouncements.
This differentiates Spain from other constitutional models where secessionist problems have also occurred.
The Court‘s arguments range from a position of openness (STC 42/2014), where the intention was to create a constitutional framework for the development of the right to decide, to less compromising positions, as a consequence of the unilateral nature of the separatist process.
It is also remarkable the few variations that its doctrine has suffered in key aspects such as the limits to the constitutional reform or the obligations derived from the constitutional loyalty.
Miguel Bárcena, J. (2018). El proceso soberanista ante el Tribunal Constitucional. Revista Española de Derecho Constitucional, 113, 133-166. doi: https://doi.org/10.18042/cepc/redc.113.05