Constitutional Questions on the Application of Article 155 SC to the Catalan Conflict (DOI: 10.2436/20.3000.02.46)

Autors/ores

  • Enoch Albertí Universitat de Barcelona

Paraules clau:

constitutional conflict in Catalonia, State control over the Autonomous Communities, extraordinary State powers, article 155 Spanish Constitution, territorial State model, resolution of constitutional conflicts, territorial conflicts, Constitutional Court

Resum

The main purpose of this article is to analyse the application of art. 155 SC to the constitutional conflict over the relationship between Catalonia and Spain, which has particularly intensified since the Parliament of Catalonia elections in September 2015. This topic is examined within the context of the other conflictresolution channels available, such as the courts of justice, the Constitutional Court and political negotiation. This article examines the process by which this provision was developed during the constituent process, its constitutional limits and the requirements and conditions that the article itself places on the extraordinary measures that the State can adopt. Based on these general criteria, this study first examines the procedure by which art. 155 SC was applied, highlighting several serious problems that have hindered it from serving as a channel of dialogue and deliberation prior to the exercise of those extraordinary powers. This study also seeks to assess the constitutional suitability of the specific measures that have been adopted. It ends with a final reflection that highlights the inappropriateness of applying art. 155 SC as a means of dealing with a constitutional crisis like the one that has arisen in Catalonia.

Key words: constitutional conflict in Catalonia, State control over the Autonomous Communities, extraordinary State powers, article 155 Spanish Constitution, territorial State model, resolution of constitutional conflicts, territorial conflicts, Constitutional Court. 

Original source: Revista d’Estudis Autonòmics i Federals, 27: 11-40 (2018)

Descàrregues

Publicat

2019-11-11

Número

Núm. 9 (2019)

Secció

Dret

Llicència

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