Spanish Constitutional Court Blocks Puigdemont’s Investiture as President

On Saturday, the Spanish Constitutional Court ruled that Carles Puigdemont can only be sworn in as president in person and with a juridical authorization prior to appearance in court. This decision, which sets a dangerous precedent, comes after the Spanish government pressured the court to rule in its favor.

According to ex-members of the Constitutional Court and prestigious jurists, the Constitutional Court violated its own rules by adopting precautionary measures against Puigdemont and four members of his cabinet since the Court only had the power to decide whether or not to consider Rajoy’s cabinet’s appeal.

Most of the current judges which form the Spanish Constitutional Court were directly appointed by the two largest Spanish political parties, PP and PSOE, which shows the high degree of politicization in the Spanish judicial system.

The Spanish government made a surprise announcement on Tuesday that it would appeal against Puigdemont’s candidacy for president in the Constitutional Court. This came after Rajoy said there was no legal basis for such a move a few days before.

Vice-President Santamaría alleged that a fugitive couldn’t be nominated as president without previously appearing in front of a judge. She added that there was also an ongoing search and arrest warrant issued against Puigdemont.

The Spanish Council of State formed by former ministers and lawyers ruled on Thursday that Puigdemont’s candidacy for president couldn’t be suspended until there is a firm judicial sentence against him since he retains his rights as an elected MP.

A Remote Investiture and Delegation of Votes

The Constitutional Court ruled against the remote investiture of Puigdemont since the presidential candidate must be physically in the Parliament during the debate. The Court also prohibited Puigdemont and the four ministers of his cabinet, who are in exile in Belgium, to delegate their votes for the investiture session.

Warning against the Catalan Parliament Bureau

The Constitutional Court also called on the members of the Catalan Parliament’s Bureau to respect its resolution, pointing out that whoever disobeys it will face criminal charges.

Appeal to the European Court of Human Rights

A few hours after learning about the resolution of the Constitutional Court, the Catalan lawyer of Puigdemont Cuevillas said that he would probably take the Constitutional Court decision to the European Court of Human Rights. He said it was a political decision which violates his client’s rights.

Numerous representatives of JxCat said, “ We will not propose [for president] a candidate other than Puigdemont. Plan A is Puigdemont; Plan B Puigdemont.”

Puigdemont’s reaction

“Even the Constitutional Court rejected the legal fraud that the Spanish government was perpetuating. More than one person should rectify the situation and end the politics once and for all. And if they are unable to do so, they should consider stepping down and giving way,” he tweeted.

The Spanish government also reacted to the news by welcoming the fact that the judges do not allow an investiture at a distance, which Madrid brands as “fraudulent.”

The CUP party calls on Catalan parliament speaker Torrent to “disobey”

The CUP party urged the Catalan Parliament president to disobey yesterday’s Constitutional Court resolution against Puigdemont’s candidacy for president. It added that they will only be present in the investiture session if Puigdemont is the candidate. Otherwise, they will attempt to block the formation of a new government which could lead to new elections.






Pro-independence Parties Hold Majority in Parliament’s Catalan Bureau

After the opening session, Catalan MPs elected Torrent (ERC) as the new President of the Parliament of Catalonia. He got 65 votes while his rival Espejo-Saavedra (Cs) got only 56. Hence, the Bureau will finally be formed by 4 pro-independence members, including the President of the Parliament, Torrent, and 3 unionists representatives.

Costa (JxCat) and Espejo-Saavedra (Cs) were appointed as second vice-presidents. Costa got 65 votes while Saavedra got 56. Saavedra was already second vice-president of the Parliament’s bureau during the last legislature. This is Costa’s (JxCat) first time in Parliament.

The Parliament also appointed the four remaining posts: the secretaries of the bureau. The four secretaries will be comprised of members from different parties: Eusebi Campdepadrós (JxCat) as first secretary, David Pérez (Catalan Socialists) as the second secretary, Joan García (Ciutadans) as the third secretary, and Alba Vergés (ERC) as the fourth secretary.

The bureau (a key body in Parliament) organises the Parliament’s work and interprets parliamentary procedure. Without a pro-independence majority in the Bureau, the Catalan government would have never been able to hold the past October 1st independence referendum during the last legislature, which ended with the proclamation of the independence of Catalonia a few weeks later.

In this starting legislature, the Bureau will have to decide whether to allow Puigdemont, who is in exile in Brussels, to be invested as the new President of Catalonia from Brussels at a distance, or force him to renounce office.

The PP Is Willing to Undermine the Formation of a Stable Pro-Independence Government in Catalonia

Despite the poor results obtained in the latest Catalan general elections, 4% of the votes, the PP – which is also the ruling party in Spain – appears willing to unlawfully prevent, by any means, the formation of a stable pro-independence government in Catalonia.

A PP’s spokesperson, Pablo Casado said, “Catalan unionist parties must try to form a constitutionalist government in Catalonia because, though they didn’t get an absolute majority of seats in Parliament, it is still possible.”

Casado also suggested that the Spanish government will use the current judicial situation of numerous pro-independence leaders, who were elected in the latest elections but are in prison, exile, and facing criminal charges, to attempt to undermine the formation of a Catalan pro-independence government.

Up until today, this move would affect Oriol Junqueras (ERC), Jordi Sànchez (JxCat), and Joaquim Forn (JxCat), who are in prison, as well as Carles Puigdmeont (JxCat), Clara Posantí (JxCat), Jordi Puig (ERC), Meritxell Serret (ERC), and Toni Comín (ERC) who are in exile in Belgium.

Nevertheless, even if the Spanish government prevents them from taking office, pro-independence parties would still hold a simple majority of 62 seats in Parliament against the 57 unionists. Thus, the only possibility of forming an alternative unionist government would elude them unless the PP and C’s manage to negotiate with the CeC a leftist party that adamantly opposes them. But if such a unionist coalition were to happen, it would serve to install an authoritarian government that aims to criminalize any pro-independence movements across Catalonia.

A feasible alternative to prevent such a scenario would require by the 8 pro-independence deputies, who are in exile or prison, to renounce office. But this move would likely worsen their judicial situation since this would imply that they could be judged by the Spanish National Court, which is under the control of the Spanish government. Catalan deputies have immunity, and hence, can only be judged by the Spanish Supreme Court, which has proved to be far more neutral and fair than the National one. Whatever final decision pro-independence parties make, it will be soon, as the Parliament of Catalonia will be constituted on January 17th.

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